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1985-02-20 Regular Meetingr-- r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - February 20, 1985 The Regular Meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. by Chairman Gregg on February 20, 1985 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Steve Rennell Tim Hill Dan James Fred Patterson Mike Anderson Commissioners Absent: Marlin Knight, Excused III APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Bud Cassidy, Assistant Planner/ Zoning Officer, Community Development Department Patricia Miley, Secretary Community Development Department Others Absent: David Crowe, Borough Engineer Engineering Department, Excused COMMISSIONER PATTERSON MOVED TO APPROVE THE AGENDA. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER HILL MOVED TO ACCEPT the minutes of the January 16, 1 Planning and Zoning Commission Meeting. The motion was seconded a CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS A) CASE 85-001. Request for a variance from Section 17.36.070(C) (Repairs and Maintenance) of Borough Code to permit a single -story addition which adds cubical content to an existing nonconforming structure. Portion of Lot 23, Block 14, Kodiak Townsite Alaska Subdivision, 311 High Street. (Thelma M. Johnson) LINDA FREED indicated there were 30 public hearing notices sent out on this and we received none back. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: KIBS225627 COMMISSIONER HILL indicated he made an on -site inspection of this request and determined there would be no detrimental effects to the surrounding areas and therefore approves of granting this request. COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.36.070(C) (Repairs and Maintenance) of Borough Code to permit a single -story addition which adds cubical content to an existing nonconforming structure. Portion of Lot 23, Block 14, Kodiak P & Z Regular Meeting -1- February 20, 1985 Townsite Alaska Subdivision, 311 High Street. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 85-002. Request for a variance from Section 17.36.070(C) (Repairs and Maintenance) of the Borough Code to permit a 22' x 24' two-story addition onto the rear of a nonconforming structure. Lot 5, Oceanview Subdivision, 1312 Mission Road. (Lucinda Fletcher) LINDA FREED indicated that 41 public hearing notices were sent out for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL asked if this two-story would be as high as the existing one-story. RICK LINDHOLM (from the audience) indicated it would be no higher than the one-story is presently. COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section 17.36.070(C) (Repairs and Maintenance) of the Borough Code to permit a 22' x 24' two-story addition onto the rear of a nonconforming structure. Lot 5, Oceanview Subdivision, 1312 Mission Road. The motion was seconded and CARRIED by unanimous roll call vote. C) CASE 85-003. Request for variance from Section 17.36.070(C) (Nonconforming Structures) to permit the remodeling of a home including a one-story addition that increases the cubical content of the structure, a variance from Section 17.19.040(A) (Front Yards) permitting bay windows that encroach 8.7 feet into the required 17.8 foot front yard setback, a variance from Section r— 17.19.040(B) (Side Yards) to permit an entrance way that encroaches 14.4 inches into the required 6.5 foot side yard setback on the left side of the structure, and a parking deck that encroaches 6.5 feet into the required 6.5 foot side yard setback on the right side of the structure. Lot 72, Block 8, Erskine Subdivision, 421 Mill Bay Road. (Roy H. and Linda L. Madsen) LINDA FREED indicated that 45 public hearing notices were sent out for this case, one had been returned and copied for the Commission and found in "additional handouts" along with a letter from the applicants explaining their request and a statement from the applicants' neighbor indicating no objection to the parking deck adjacent to her property line. Regular Session Closed. Public Hearing Opened: ROY MADSEN withdrew his request for the front yard setback encroachment and indicated that the only request before the Commission at this time were the variances for the parking ramp and the addition, and spoke in favor of the request. COMMISSIONER HILL inquired if the variance for side yards was also being withdrawn. r ' ROY MADSEN indicated that was correct. COMMISSIONER HILL inquired if the parking ramp would be constructed with wood. ROY MADSEN indicated the builder envisioned 8 x 8 timbers at the end of the parking ramp and heavy construction planks for the remainder. Public Hearing Closed. Regular Session Opened: KIBS225628 P & Z Regular Meeting -2- February 20, 1985 COMMISSIONER PATTERSON MOVED TO GRANT A VARIANCE from Section 17.36.070(C) (Nonconforming Structures) to permit the remodeling of a home including a one-story addition that increases the cubical content of the structure, and from Section 17.19.040(B) (Side Yards) to permit construction of a parking deck that encroaches 6.5 feet into the required 6.5 foot side yard setback on the right side of the structure. Lot 72, Block 8, Erskine Subdivision, 421 Mill Bay Road. The motion was seconded and CARRIED by unanimous roll call vote. D) CASE 85-004. Request for an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a hotel in an r I -Industrial district. Legally described as City Tidelands Tract N-18 and generally located in the area of Kodiak Cafe. (Kazim Company/Dischner and Mathisen Partnership) LINDA FREED indicated that 19 public hearing notices were sent out for this case; 2 notices were returned; one from Alaska Fresh Seafoods (Dave Woodruff) and one from the Elks. Also included in the "additional handouts" is a letter from Koniag supporting the request and a site plan. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL expressed concern with allowing a hotel in the waterfront industrial district and he would prefer to keep the property available for industrial uses associated with the fishing industry. COMMISSIONER ANDERSON expressed the need to enhance the local economy with additional tourist industry monies. COMMISSIONER PATTERSON expressed his opinion that this particular plan has been well thought out and that the local economy could benefit from the tourist industry. He stated that the restaurant and hotel would be very compatible with what exists on the waterfront and would enhance Kodiak overall. COMMISSIONER RENNELL stated that he would like to see this used for the industrial segment as it is zoned industrial. COMMISSIONER JAMES noted that the person with the biggest complaint would be the next -door neighbor, Mr. Woodruff, and he doesn't seem to have much problem with it. There are also five vacant processing plants on the waterfront presently and if expansion was needed for a new processing plant one of the vacant plants could be utilized. COMMISSIONER PATTERSON expressed his opinion that tourism is an industry and that this project would help develop the tourism industry in Kodiak. COMMISSIONER HILL again expressed his concern with allowing a hotel on the waterfront in an industrial zoned district and pointed out that the Near Island development plan sets aside land r the could be used for hotel purposes. He also indicated that traffic associated with the fishing industry on the spit would conflict with traffic associated with the hotel and indicated he felt this exception request to be an inappropriate use of the property. COMMISSIONER ANDERSON indicated that a business use of this property would be preferable to an industrial use as pollution such as noice or discharge would detract from the community and that a hotel would enhance the community's downtown appearance. COMMISSIONER JAMES indicated that there are portions of Near Island, Uski, and Gull Islands reserved for industrial purposes. P & Z Regular Meeting -3- KIBS225629 February 20, 1985 COMMISSIONER RENNELL MOVED TO GRANT AN EXCEPTION from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a hotel in an I -Industrial district. Legally described as City Tidelands Tract N-18 and generally located in the area of Kodiak Cafe. The motion was seconded and CARRIED by a 4-2 vote. Commissioners Hill and Rennell cast the opposing votes. COMMISSIONER RENNELL indicated that the code does not indicate "tourism" as an industry and that perhaps an amendment to the code is in order. COMMISSIONER ANDERSON concurred with COMMISSIONER RENNELL on this point. �— COMMISSIONER GREGG requested staff to prepare "Findings of Fact" for this case from comments expressed by the Commissioners and to submit the "Findings of Fact" at the next regular meeting. LINDA FREED acknowledged the request. E) CASE 85-005. Monashka Bay Comprehensive Plan. (Monashka Bay Planning Group/Community Development Department) LINDA FREED indicated there were no individual public hearing notices sent out on this case, however the Kodiak Daily Mirror published a notice separate from the legal ad indicating this item would be on the agenda for this regular meeting. Regular Session Closed. Public Hearing Opened: ELAYNE HUNTER-RENNELL, Chairman of the Comprehensive Planning Committee (CPC), stated the goals of the CPC were to make a plan for future development in the Monashka area consistent with the existing residential development and consistent with the contours of the land. The CPC also tried to preserve the quality of the residential areas that presently exist and reduce the future possibility of conflicting uses of land. In July, the CPC surveyed all the land owners in Monashka Bay and the results of r-- the survey are present in the Comprehensive Plan. In January all landowners were sent a written notice of a public meeting, as well as a published advertisement in the Kodiak Mirror, announcements on the radio, and an advertisement on the scanner. More than forty people were in attendance at that meeting and one -by -one the CPC reviewed all the goals and objectives of the plan and revised them according to the feelings of the people there, taking a vote on any items of lengthy discussion. NANCY MISSAL expressed her support of the Monashka Bay Comprehensive Plan. COMMISSIONER PATTERSON asked if at the public meeting there were any objections to the plan expressed and how was the plan received by the community. NANCY MISSAL indicated that overall, "no," though in particular there were some objections expressed and that at that time the item was reviewed and revisions made and a vote was taken. Most people at the meeting seemed positive about the plan. COMMISSIONER PATTERSON asked if there was a good reception for the concept of a comprehensive plan. NANCY MISSAL felt there was a good reception. DEBORAH BURGY expressed her support of the Monashka Bay Comprehensive Plan. MARSHA OSWALT expressed her support of the concept of the r Monashka Bay Comprehensive Plan. She also expressed her concern with the changes in the area, essentially that people will need more money and more finished kinds of housing in order to live in Monashka Bay than many who moved there in earlier years. She suggested that members of the Planning and Zoning Commission take into consideration the exception process, remembering that if there is a worthy exception to an ordinance then that should be considered. SCOTT ARNDT expressed his problems with the Plan. His comments regarding the classifications: (1) Watershed. He questions the location and also the need for such a classification, personnally he does not feel it is necessary nor in the logical place. Presently there is extensive watershed in the Monashka Bay area P & Z Regular Meeting -4 Y-IBS225630 February 20, 1985 and in close proximity are the upper and lower reservoirs and a 24-inch pipeline from the Monashka Bay dam. Mr. Arndt does not think that it is logical to put a watershed in the middle of an area which will eventually, in 20 years, be the middle of a town. It is also in conflict with the plans that the Kodiak Island Borough has been preparing for in the area. This plan doesn't show the roads that have already been preliminarily approved. (2) Boundaries. The boundaries that are spelled out in the plan present a conflict because sewer and water plans are already in the design and engineering stage for certain areas within the boundaries of the plan and therefore it is not appropriate for these areas to be considered in the Monashka Bay Plan area. COMMISSIONER GREGG pointed out that the CPC's concern about the watershed area was the very steep terrain and the possibility that a lot of septic systems going in would pose a problem for the people living below it. Mr. Gregg asked Mr. Arndt how he would designate the area. SCOTT ARNDT suggested that when the area that due to the steepness none of it is going to be RR-2 or RR-1, it is all going to be on City sewer and water. The only way to justify the cost of the roads is to take utilities along with it because of the terrain in the area. It has already been proven that septic systems do not work in Service District 1 and it is also becoming a fact that septic systems do not work in the Monashka Bay area, they are already starting to fail as the population density increases due to the terrain. Therefore the area that is designated RR-2 in the plan is also inappropriate. RON MISSAL expressed concern with the Borough's gravel extraction plans for an area near the proposed Peotter Drive. With gravel extraction in this area, the water would be affected and ultimately the wells that are in operation downstream of the area. KATHY CORDRY expressed her support for the Comprehensive Plan and r that a plan is good for five or ten years and then it needs updating. Therefore the concern regarding the designation of watershed lands, by the time it is financially feasible to develop it with City sewer and water, this plan will be obsolete. The designation of watershed is more of an interim designation and by the time Scott Arndt's concerns come -up a new plan should be developed for the area. COMMISSIONER ANDERSON inquired if this is a five-year plan. BUD CASSIDY indicated the Comprehensive Plans are generally updated on a regular basis with six years being a reasonable time in most places. BOB BURGY expressed his support for the Monashka Bay Plan. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL expressed his support for the watershed designation. COMMISSIONER ANDERSON suggested that the Commission hold a work session with the CPC in the near future and invite Scott Arndt from the Service District and discuss these problems in more detail and perhaps reach some solution before the next advertised public hearing. LINDA FREED indicated February 27, 1985 would be available for such a worksession based on the Planning and Zoning Commission's schedule. COMMISSIONER ANDERSON MOVED TO TABLE CASE 85-005, the Monashka Bay Comprehensive Plan until the March 20, 1985 Regular Meeting for a second public hearing. The motion was seconded and CARRIED by unanimous voice vote. KIgS225631 P & Z Regular Meeting -5- February 20, 1985 COMMISSIONER GREGG at the request of COMMISSIONER PATTERSON called for a ten-minute break. The meeting recessed at 8:27 p.m. and reconvened at 8:39 p.m. F) CASE 84-112. Proposed revisions to Section 17.03.060 (Building Permits) of the Borough Code to address the issue of "gravel extraction." (Community Development Department) Regular Session Closed. Public Hearing Opened: SCOTT ARNDT expressed his problem that the revision creates e— another form. Presently zoning compliance is signed off on the building permit and he prefers it to remain that way instead of creating another form to pass around. LINDA FREED indicated that regardless of this proposed ordinance's passage a new zoning compliance form will be introduced in future as a result of problems with the current form and to simplify zoning compliance for the general public. Such things as putting up a fence, putting up a building that has less than 120 square feet of roof area, and putting up a structure that is less than 18 inches off the ground do not require a building permit but do require zoning compliance under the zoning code. Public Hearing Closed. Regular Session Opened: COMMISSIONER ANDERSON asked if presently with the ordinances now in effect a person was to go out to his property and do the first stages of building such as putting in a driveway and a suitable pad for building would he be required to have a building permit. LINDA FREED indicated it is her understanding that he is not required to have a building permit to do that because in the U.B.C. adopted by the Borough Assembly driveways and building ads are exempt from the p p grading requirements/grading permits. The problem is that this activity is not addressed in the zoning code. COMMISSIONER ANDERSON asked if with this newly proposed ordinance if a person would be required to obtain zoning compliance before commencement of any work of that nature. LINDA FREED indicated, "no," that what this ordinance revision does is it keys in specifically with Chapter 70 of the U.B.C. and it will exempt everything from an exception that is currently exempted under the U.B.C. from being required to get a grading permit. COMMISSIONER JAMES MOVED TO RECOMMEND APPROVAL of the proposed revisions to Section 17.03.060 (Building Permits) of the Borough Code to address the issue of "gravel extraction" by the Kodiak Island Borough Assembly. The motion was seconded and CARRIED by unanimous roll call vote. G. CASE S-85-002. Preliminary subdivision of Lot 6, Block 1, Bells Flats Alaska Subdivision, to Lots 6A, 6B, 6C, and 6D, Block 1, Bells Flats Alaska Subdivision. (Pamela Baglien) LINDA FREED indicated that David Crowe was at the hospital tonight because r— his daughter has had a relapse. Linda had spoken with Dave before leaving the office this evening and had asked if he had anything additional on either of the two subdivision cases and he had indicated there was nothing additional that he felt was necessary for the Commission to consider. Regular Session Closed. Public Hearing Opened: PAM BAGLIEN expressed her appreciation that some of the Commissioners had inspected the proposed lots in light of Mr. Crowe's concerns and that she feels it is a good arrangement. YJBS225632 P & Z Regular Meeting -6- February 20, 1985 COMMISSIONER GREGG asked if she would have any objections to any of the four conditions contained in the Engineer's memo. PAM BAGLIEN indicated she would have no objections to these conditions. COMMISSIONER ANDERSON asked how long the existing driveway had been in use. PAM BAGLIEN replied "about ten years." COMMISSIONER PATTERSON asked if she foresaw any problems in e-. moving that driveway into the flag stem. PAM BAGLIEN indicated there was nothing that precludes moving it over. COMMISSIONER PATTERSON asked if that would make it steeper than it already is. PAM BAGLIEN replied "not at all." RON MOORE (who is interested in one of the lots) encouraged the Planning and Zoning Commission to approve the subdivision. He felt there was no problem with the driveways there and expressed his opinion that the driveway could be built on either of the lots. Public Hearing Closed. Regular Session Opened: COMMISSIONER ANDERSON indicated that he had made an on -site inspection of the subject subdivision and in response to Mr. Crowe's concern about the steepness of the driveways, Lots 6A and 6B both have a natural place to just peal off the main road and go right on up. Mr. Anderson felt that a person could put in a very good driveway at a shallower grade than the legal maximum grade. For Lot 6C there appears to be no problem whatsoever with grade due to the width of it. The existing driveway is almost entirely within the flag stem area presently and to move it would not increase the grade. The relocation of the driveway presents no problem. The driveway is fairly steep but since the driveway has been in use for ten years and they want to keep on using it I have no objection. COMMISSIONER HILL indicated that he had been to the site also and that he sees no problem with the subdivision. COMMISSIONER RENNELL indicated that he also had been to the site and that he appreciates Mr. Crowe bringing the driveway to the Commission's attention but that this proposed subdivision meets the pertinent requirements. COMMISSIONER HILL MOVED TO APPROVE CASE S-85-002, preliminary subdivision of Lot 6, Block 1, Bells Flats Alaska Subdivision, to Lots 6A, 6B, 6C, and 6D, Block 1, Bells Flats Alaska Subdivision with the following conditions: (1) applicant to obtain ADEC sanitation approval; (2) applicant to construct new driveway within flag stem prior to recording plat; (3) applicant to relocate existing electrical service prior to recording plat; and (3) show Pamela J. Delys as the owner in the Ownership Affidavit and Notary's Acknowledgement. The motion was seconded and CARRIED by unanimous roll call vote. H) CASE S-85-003. Preliminary vacation of Lot 39 and a portion of Lot 40, Block 19, Kodiak Townsite Alaska, and replat to Lots 39A and 40A, Block 19, Kodiak Townsite Alaska, U.S. Survey 2537-B. (Kip W. Fillmore) Regular Session Closed. Public Hearing Opened: KIP FILLMORE, being the petitioner, requested the Commission to look favorably upon this request. My intent is not only to KIBS225633 P & Z Regular Meeting -7- February 20, 1985 protect my property but to protect my access to my house through this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT a final vacation of Lot 39 and a portion of Lot 40, Block 19, Kodiak Townsite Alaska, and replat to Lots 39A and 40A, Block 19, Kodiak Townsite Alaska, U.S. Survey 2537-B with the following corrections: (1) correct the spelling of Fillmore wherever it appears, and (2) correct the spelling of Henry wherever it appears. The motion was seconded r- and CARRIED by unanimous roll call vote. VII OLD BUSINESS There was no Old Business. VIII NEW BUSINESS There was no New Business. IX COMMUNICATIONS There were no Communications. X REPORTS A) The January Status Report from the Community Development Department. B) The Monashka Bay Planning Group can meet with the Commission at the regularly scheduled Work Session for February 27. C) A Joint Worksession with the City Council has been scheduled for March 4, 1985, at 7:30 p.m. in the Borough Conference Room; therefore the Wednesday work session is cancelled for that week. D) Last evening the Community Development Department met with the Women's Bay Community. Roughly 40-50 people were in attendance. One of the main issues that the Community Development Department talked about was zoning enforcement and the procedures that are currently in effect. There was no concensus among the community about how they would like to see enforcement done out there. It was felt that the majority would like to see enforcement continue on a complaint basis as opposed to either more active enforcement or no enforcement at all. It was also suggested that perhaps members of the Community Development Department could go out to the firehouse and be available to the community once a month or bi-monthly to answer questions and provide zoning compliance for projects. The Women's Bay Community Council will consider this. A discussion ensued concerning the availability of the Borough Code. It was determined that the zoning section of the Borough Code be made available to the local libraries (including the Chiniak Public Library) and the firestation at Bells Flats. E) The Women's Bay Community Council is working on their Phase II Comprehensive Plan and it should be before the Commission in the next three or four months. XI AUDIENCE COMMENTS rThere were no audience comments. XII COMMISSIONERS' COMMENTS KIBS225634 COMMISSIONER JAMES pointed out that in regards to the hotel exception, the main reason why I voted the way I did was because I looked on it as an expansion of a business use. I realize that it would be a new building but the property is being used commercially presently and I do not see how the hotel is going to affect the area much differently. COMMISSIONER PATTERSON asked if the Commission had put the stipulation for the four conditions on the motion for Case S-85-002. The Commission and staff indicated they were included in the motion. P & Z Regular Meeting -8- February 20, 1985 0 --- r-- Also, Commissioner Patterson expressed his desire that the Engineer were present because he would like to ask him for a more thorough analysis of this subdivision and more creative thinking on the driveway issue. Linda Freed indicated that she had spoken with David Crowe and that he felt that had he been given proposed building sites he would have considered alternatives but given the information available to him and the amount of time he has available to review the subdivisions, that is the best method at this point. XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 9:10 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: 1 Ken Gregg, Chairm ATTEST BY: ���ti 1"✓ Patricia Miley, Plajhning Secretary DATE APPROVED: KIBS225635 P & Z Regular Meeting -9- February 20, 1985