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1987-02-18 Regular MeetingT KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 18, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS IX COMMUNICATIONS C) Letter dated February 18, 1987, from Jerome Selby to Bill H. Lamoreaux, ADEC, re: Brechan Solid Waste Permit Application No. 8621-BA019 D) Memo dated February 18, 1987, from Linda Freed to Jerome Selby, re: Nonconforming Lots of Record KIBS226149 Additional Agenda Item - 1 - February 18, 1987 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 18, 1987 7:30 p.m. AGENDA r I CALL TO ORDER i II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of January 21, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 85-031. Request for a second one-year extension for a previously approved variance that permitted the construction of a zero -lot -line dwelling on a lot in a R2--Two-Family Residential District that exceeds the three -to -one depth -to -width ratio. Lot 6, Block 5, Elderberry Heights 4th Addition; 1617 Lynden Way. (Scott Arndt) B) CASE S-85-004. Request for an extension of the Preliminary Subdivision Approval Period to March 16, 1988: Subdivision of Lot 6, Brookers Lagoon Subdivision, U.S. Survey 5701. C) CASE S-86-016. Request for an extension of the Preliminary r _ Subdivision Approval Period to May 18, 1988: Holland Acres Subdivision Second Addition, U.S. Surveys 3218 and 3463. VI PUBLIC HEARINGS A) CASE 87-001. Request for an amendment to Title 17 (Zoning) of the Borough Code to adopt provisions for takeoff zones, approach surfaces, clear zones and parking zones for the Kodiak Municipal Airport. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) Tabled from the January 1987 Regular Meeting. B) CASE 87-002. Request for the rezoning of Lots 2, 3 and 4, Block 4, Port Lions Alaska Subdivision from B--Business to R1--Single-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Stilley/Wakefield) C) CASE 87-003. Request to investigate the rezoning of Tract D-1, U.S. Survey 3218 from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located at 3215 Mill Bay Road. (Kodiak Island Borough Planning and Zoning Commission) The Planning and Zoning Commission has initiated this request because the property has previously been shown to be zoned B--Business on Official Kodiak r-- Island Borough Zoning Maps and has been issued two building permits for, and has been developed with, commercial land uses and structures. D) CASE 87-004. Request for a variance from Section 17.51.060 (Main Building) of the Borough Code to permit an accessory building to locate on a lot that does not already contain a main building used as a residence. A Portion of U.S. Survey 1396, located immediately behind Lot 3, Block 3, Russell Estates Subdivision; 1617 Larch Street. (Richard and Nancy Holzshu) E) CASE 87-005. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit the expansion of an existing school (daycare center) in a KIBS226149 P & Z Regular Meeting Agenda - 1 - February 18, 1987 r— r— R1--Single-Family Residential Zoning District in order to construct a 1,090 square foot addition; and a Request for a variance from Section 17.57.020(2)(d) (Off -Street Parking - Number of Spaces Required) of the Borough Code to permit the expanded school to provide only twenty-six (26) off-street parking spaces instead of the required 29 spaces. Lots 13 through 16, Block 36, East Addition; 1218 through 1224 Rezanof Drive East. (Small World, Inc.) F) CASE 84-134. Planning and Zoning Commission review of the conditions of approval of the lease of Borough property to Northern Lights Riding for the Handicapped in accordance with Item 2 (Terms) of the existing lease. The existing lease may be extended for three (3) additional years if all the established conditions are met. The lease conditions are contained in Planning and Zoning Commission Resolution Number 85-01-R. Located on a Portion of Lot 1, U.S. Survey 2539, commonly known as Nixon's Ranch. G) CASE S-87-002. Preliminary subdivision of Tract D-lA, U.S. Survey 1678 to Tracts D-IA-1, D-lA-2, D-IA-3 and an Included Private Road Easement. (Patricia Ann Eufemio) VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS A) Copy of a memo to Members of the Selief Lane Task Force dated January 23, 1987, from Bud Cassidy, Resource Management Officer, re: Organizational meeting on Wednesday, February 11, 1987. B) Administrative Interpretation of the Off -Street Parking Requirements for Churches. X REPORTS A) Community Development Department Monthly Status Report - January 1987 XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT The public is invited to attend the packet review worksession for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. �f Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226150 P & Z Regular Meeting Agenda - 2 - February 18, 1987 r I KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 18, 1987 CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Steve Rennell on February 18, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Mary Lou Knudsen Scott Thompson Commissioners Absent: Tom Hendel, Excused D.L. Smedley, Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner, Community Development Department Dave Crowe, Borough Engineer Patricia Miley, Secretary, Community Development Department Staff reported the following additions to the agenda: IX COMMUNICATIONS C) Letter dated February 18, 1987, from Jerome Selby to Bill H. Lamoreaux, ADEC, re: Brechan Solid Waste Permit Application No. 8621-BA019 D) Memo dated February 18, 1987, from Linda Freed to Jerome Selby, re: Nonconforming Lots of Record and noted the inclusion of a revised, proposed ordinance for glide and side slopes (Item VI -A) as well as a worksession with the City Council scheduled for Thursday, February 19, 1987, at 7:30 p.m. in the Borough Conference Room. COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda with the additions presented by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the January 21, 1987 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 85-031. Request for a second one-year extension for a previously approved variance that permitted the construction of a zero -lot -line dwelling on a lot in a R2--Two-Family Residential District that exceeds the three -to -one depth -to -width ratio. Lot 6, Block 5, Elderberry Heights 4th Addition; 1617 Lynden Way. (Scott Arndt) COMMISSIONER ANDERSON MOVED TO GRANT a request for an additional one-year extension for a previously approved variance (Case P & Z MINUTES KIBS226151 1 FEBRUARY 18, 1987 r r_ r_ 85-031) to permit the construction of a zero -lot -line dwelling on a lot in the R2--Two-Family Residential Zoning District that exceeds the three -to -one depth -to -width ratio. Lot 6, Block 5, Elderberry Heights 4th Addition and to reaffirm the findings contained in the staff report dated May 8, 1985 as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. 2 3. 4. 5. R This lot was subdivided prior to the zero -lot -line ordinance being enacted. Therefore, it was not designed to meet the requirements of this ordinance. In addition, this lot has a large flat building area on the front two-thirds of the lot, but the back portion of the lot drops off steeply to the rear of the adjacent lots. The result is that the back portion of the lot is virtually unusable. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of this title would not allow the applicant to construct a zero -lot -line structure on this lot, although it would still allow the applicant to build a duplex structure on the lot. as or prejudice to trimental to the D in material ty nor are. The granting of the variance will not be detrimental to the public's health, safety, or general welfare. The proposed structure will meet the required setback from the public right-of-way. The variance should not result in material damage or prejudice to other properties in the vicinity since the variance does not allow an increase in density or relax any setback requirements. of the variance will not be contrary to the Although the comprehensive plan designates this area for "public and open space" use, the plan has not been formally revised since its adoption. This area has been designated for residential development through zoning and platting decisions of the Kodiak Island Borough Planning and Zoning Commission. did not cause or None of the reasons for requesting the variance are due to the actions of the applicant. That the granting of the variance will prohibited land use in the district inv Granting this variance will not permit a prohibited land use in this R2--Two-Family Residential Zoning District. P & Z MINUTES KIBS226152 2 FEBRUARY 18, 1987 B) CASE S-85-004. Request for an extension of the Preliminary Subdivision Approval Period to March 16, 1988: Subdivision of Lot 6, Brookers Lagoon Subdivision, U.S. Survey 5701. COMMISSIONER ANDERSON MOVED TO GRANT a request for an extension of the Preliminary Subdivision Approval Period to March 16, 1988: Subdivision of Lot 6, Brookers Lagoon Subdivision, U.S. Survey 5701. The motion was seconded and CARRIED by unanimous roll call vote. C) CASE S-86-016. Request for an extension of the Preliminary Subdivision Approval Period to May 18, 1988: Holland Acres Subdivision Second Addition, U.S. Surveys 3218 and 3463. COMMISSIONER ANDERSON MOVED TO GRANT a request for an extension of the Preliminary Subdivision Approval Period to May 18, 1988: Holland Acres Subdivision Second Addition, U.S. Surveys 3218 and 3463. The motion was seconded and CARRIED by unanimous roll call vote. There were no further appearance requests nor audience comments. 1q Al i2113 1I (al 911 ? Vreb9 A) CASE 87-001. Request for an amendment to Title 17 (Zoning) of the Borough Code to adopt provisions for takeoff zones, approach surfaces, clear zones and parking zones for the Kodiak Municipal Airport. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) Tabled from the January 1987 Regular Meeting. COMMISSIONER KNUDSEN MOVED TO REMOVE CASE 87-001 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. BOB PEDERSON indicated 236 public hearing notices were mailed for this case in January and 4 were returned, 1 in favor, 1 opposing this request, and 2 expressing "no comment." In February, 236 public hearing notices were mailed for this case and 1 was returned in favor of this request. Staff recommended tabling of this request, soliciting additional public and City Council input at worksessions and holding another public hearing at the March 1987 regular meeting. Regular Session Closed. Public Hearing Opened: ROLAN RUOSS, representing the Pilots' Association, appeared before the Commission, stating that the revised draft appeared to reflect the public comments though additional work on the building height measurements was needed. JIM MOTES, property owner, appeared before the Commission and expressed concern that Section 12 of the revised draft ordinance would excessively restrict the use of his property. A discussion ensued amongst the Commissioners, Mr. Motes and Community Development Department staff. The discussion determined that Mr. Motes' property would not be further restricted with the adoption of the revised draft ordinance. SCOTT ARNDT, property owner, appeared before the Commission and requested that Section 12 "17.39.020 Airport Height Limitations" paragraph (1) be changed from parking zone to, "...within twenty-five (25) feet of the edge of the clear zone..." A discussion ensued amongst the Commissioners, Mr. Arndt and Community Development Department staff. SAM GESKO, City Manager, appeared before the Commission and expressed support for prohibiting structures within the twenty-five (25) foot parking zone. Mr. Gesko stated he would P & Z MINUTES KIBS226153 3 FEBRUARY 18, 1987 r� r have further comments for the Commission on this item at the scheduled February 19, 1987 worksession with the City Council. ROLAN RUOSS reappeared before the Commission and illustrated his understanding of the ordinance's building height limitations on the blackboard. Mr. Ruoss expressed support for a building height limitation of thirty-five (35) feet to the parking zone and then prohibition of any structures in the parking zone. A discussion ensued amongst the Commissioners, Mr. Ruoss, Mr. Arndt and Community Development Department staff. Public Hearing Closed. Regular Session Opened. LINDA FREED suggested that the Commission schedule their February 25, 1987 worksession for further public discussion of this item. A discussion ensued amongst the Commissioners and Community Development Department staff. It was determined to place an advertisement of the February 25th worksession on the Borough's newspage and to submit public service announcements to KMXT and KVOK. COMMISSIONER ANDERSON MOVED TO TABLE Case 87-001 until the March 18, 1987 regular meeting for another public hearing. The motion was seconded and CARRIED by unanimous voice vote. B) CASE 87-002. Request for the rezoning of Lots 2, 3 and 4, Block 4, Port Lions Alaska Subdivision from B--Business to R1--Single-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Stilley/Wakefield) BOB PEDERSON indicated 57 public hearing notices were mailed for this case and 8 were returned, 1 in favor and 7 opposing this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: RICK STILLEY, property owner and petitioner, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Mr. Stilley and Community Development Department staff. JANET THOMPSON, Port Lions' resident and representative of property owner Bill Polson, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Ms. Thompson. DAVE WAKEFIELD, property owner and petitioner, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Mr. Wakefield and Community Development Department staff. DENISE STILLEY appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Ms. Stilley and Community Development Department staff. JANET THOMPSON reappeared before the Commission and expressed support for this request. TIMOTHY WARD appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners and Mr. Ward. P & Z MINUTES KIBS226154 4 FEBRUARY 18, 1987 JOHN EUFEMIO appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, Community Development Department staff and Mr. Wakefield concerning r procedures for comprehensive plan amendments and the zoning history of this portion of Port Lions. r COMMISSIONER HEINRICHS MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 2 through 4, Block 4, Port Lions Alaska Subdivision from B--Business to R1--Single-Family Residential in accordance with Chapter 17.72 of the Borough Code. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Thompson, Heinrichs, Rennell, Anderson and Knudsen voted "no." A discussion ensued amongst the Commissioners, Mr. Wakefield, Ms. Stilley, Ms. Thompson and Community Development Department staff. The Commission recommended that the property owners work with the City of Port Lions to pursue a comprehensive plan amendment as a method of justifying the rezone request. COMMISSIONER HEINRICHS MOVED TO ADOPT the findings contained in the staff report dated February 11, 1987 as findings of fact for this case, adding 1(B) to read: "There is a lack of evidence that more R-1--Single-Family Residential land is needed in this community." The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment_ A. The requested rezone to R1--Single-Family Residential is not justified because it will reduce the downtown area available for future growth and development by 38 percent. This is a substantial amount when only 15 lots in downtown Port Lions are zoned for commercial development. B. There is a lack of evidence that more R-1--Single-Family Residential land is needed in this community. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone to R1--Single-Family Residential will not be consistent with the 1982 Comprehensive Plan which depicts this area for future business development. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 10:00 p.m. C) CASE 87-003. Request to investigate the rezoning of Tract D-1, U.S. Survey 3218 from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located at 3215 Mill Bay Road. (Kodiak Island Borough Planning and Zoning Commission) The Planning and Zoning Commission has initiated this request because the property has previously been shown to be zoned B--Business on Official Kodiak Island Borough Zoning Maps and has been issued two building permits for, and has been developed with, commercial land uses and structures. BOB PEDERSON indicated 39 public hearing notices were mailed for this case and 1 was returned opposing this request and requesting that the response be read into the record. Staff recommended approval of this request. P & Z MINUTES 5 FEBRUARY 18, 1987 KIBS226155 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. 1^ BOB PEDERSON read Diana Reed's February 18, 1987, letter of opposition into the record. COMMISSIONER ANDERSON MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract D-1, U.S. Survey 3218, from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 of the Borough Code and to adopt the findings contained in the staff report dated February 9, 1987 as Findings of Fact for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone to business is needed because the Official Kodiak Island Borough Zoning Map has previously shown the lot to be zoned business, the owner purchased the property under this assumption, and the Kodiak Island Borough has issued zoning compliance for business land uses and structures on this lot on two separate occasions. A rezone to business is further justified because the B--Business Zoning District permits development that should be compatible with existing and r— permitted land uses on surrounding properties, be suitable for the land in question, bring the existing land use into conformance with the zoning ordinance, and will not create adverse traffic or access impacts. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone to B--Business is consistent with the comprehensive plan which designates this area for business development. D) CASE 87-004. Request for a variance from Section 17.51.060 (Main Building) of the Borough Code to permit an accessory building to locate on a lot that does not already contain a main building used as a residence. A Portion of U.S. Survey 1396, located immediately behind Lot 3, Block 3, Russell Estates Subdivision; 1617 Larch Street. (Richard and Nancy Holzshu) BOB PEDERSON indicated 39 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: pl— NANCY HOLZSHU appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A request for a variance from Section 17.51.060 of the Borough Code to permit an accessory building to be constructed on a lot in absence of a main building used as a residence on a Portion of Unsubdivided U.S. Survey 1396, located immediately behind Lot 3, Block 3, Russell Estates Subdivision, subject to the condition of approval outlined in the staff report dated February 10, 1987, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. P & Z MINUTES KIBS226156 6 FEBRUARY 18, 1987 1 r. A discussion ensued amongst the Commissioners and Community Development Department staff resulting in the addition, with the concurrence of Mr. Anderson and the second, of the phrase "from the date the applicants are notified of the research findings" to the end of condition number one. The question was called and the motion CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. If ongoing research indicates that the property was required to be platted as a portion of Lot 3, Block 3, Russell Estates, this plat shall be submitted for review within one (1) year from the date the applicants are notified of the research findings. FINDINGS OF FACT 1. Exceptional to the prop generally d use distric sical circumstances or conditions applicable or intended use of development. which not apply to ties in the same land The exceptional physical circumstance in this case is the unusual circumstance that this property was purchased by the current owner, assuming that the property became part of his lot upon purchase since the "lots" are contiguous and the unsubdivided portion of U.S. Survey 1396 acquired by the applicant has no road frontage, it was not believed to be a separate lot. The purchase was made under the assumption the land could be built upon. In essence, the lot is practically and physically a portion of Lot 3, Block 3. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would require a vacation and replat of the two parcels prior to issuance of zoning compliance and/or a building permit. This is a practical difficulty and unnecessary hardship when the vacation and replat should properly have occurred prior to a sale and research is ongoing as to the conclusion of the court case. A vacation and replat would also present a hardship in terms of a time delay. The vacation and replat can still be accomplished after the variance is ruled on. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor s we Granting of the variance will not be detrimental to the public health, safety, or welfare and will not result in damages to other properties in the area. Accessory buildings are common in residential areas and the size of the building will comply with all code requirements. The fact that the structure will be built prior to a vacation and replat will have no bearing on adjoining lots or the public's health, safety or welfare. 4. The granting of the variance will not be contrary to the ectives o Granting of the variance will not be contrary to the objectives of the Comprehensive Plan because the allowable uses and densities in the area will remain unchanged. KIBS226157 P & Z MINUTES 7 FEBRUARY 18, 1987 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the accessory building and the conditions were caused by the way r'- in which the land was sold and was unknown by the buyer. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory buildings are permitted in this land use district. E) CASE 87-005. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit the expansion of an existing school (daycare center) in a R1--Single-Family Residential Zoning District in order to construct a 1,090 square foot addition; and a Request for a variance from Section 17.57.020(2)(d) (Off -Street Parking - Number of Spaces Required) of the Borough Code to permit the expanded school to provide only twenty-six (26) off-street parking spaces instead of the required 29 spaces. Lots 13 through 16, Block 36, East Addition; 1218 through 1224 Rezanof Drive East. (Small World, Inc.) COMMISSIONER HEINRICHS requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER HEINRICHS. BOB PEDERSON indicated 49 public hearing notices were mailed for r— this case and none were returned. As requested by the Commission, floor plans and site plans were posted on the board. Staff recommended approval of this request. COMMISSIONER ANDERSON outlined his suggestions for the rewording of condition numbers one and two for the parking variance (outlined in the staff report). Regular Session Closed. Public Hearing Opened: MARY MONROE, Executive Director of Small World, appeared before the Commission and expressed support for this request. SAM GESKO, owner of Lots 2 and 3, Block 36, East Addition, appeared before the Commission and expressed concern with using the alley as access to a commercial establishment. Mr. Gesko also submitted a statement of opposition from Matt Malpass, resident of Lot 1, Block 36, East Addition. MARY MONROE reappeared before the Commission and expressed the desire to keep the alley option open. Public Hearing Closed. Regular Session Opened. r A discussion ensued amongst the Commissioners, Community Development Department staff, Mr. Heinrichs, Ms. Monroe and Mr. Gesko. COMMISSIONER ANDERSON MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.18.030 of the Borough Code to permit a 1,090 square foot addition to the existing school (daycare center) to locate in a Rl--Single-Family Residential Zoning District on Lots 13 through 16, Block 36, East Addition and to adopt the findings contained in the staff report dated February 5, 1987 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226158 P & Z MINUTES 8 FEBRUARY 18, 1987 F F FINDINGS OF FACT 1. That the conditional use will Dreserve the area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. The addition will be an enlarged continuation of the existing land use and prior to being used for school purposes, the building was used as a church. The "community" use of this property has been established since approximately 1976. An addition will also allow the applicant to consolidate rather than disperse their day care facilities throughout the community. Although the addition will require rearrangement of the parking area, sufficient parking to serve the facility should be available. This issue will be addressed in greater detail in the variance request. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The addition will comply with all other requirements of the R1--Single-Family Residential Zoning District such as setbacks and height of structure. 3. That granting the conditional use permit will not be harmful to the Dublic health. safetv. convenience and comfort. 4. The proposed use should not be harmful to the public's health, safety, convenience or comfort if all UBC requirements will be met and the play area will not be disturbed. The redesigned parking and drop-off/pick-up areas should enhance traffic safety, convenience and comfort. are Pr,1 to meet listed Based on the site plan, it appears that sufficient lot area, setbacks or buffers, relative to the scale of the proposed addition and surrounding area, are being provided. COMMISSIONER ANDERSON MOVED TO GRANT A request for a variance from Section 17.57.020 of the Borough Code to permit the newly expanded school facility to provide twenty-six (26) off-street parking spaces rather than the twenty-nine (29) required spaces in a R1--Single-Family Residential Zoning District on Lots 13 through 16, Block 36, East Addition, subject to the conditions of approval outlined in the staff report dated February 5, 1987 and to adopt the findings contained in the staff report as "Findings of Fact" for this case, amending conditions 1 and 2 to read: (1) "Twenty-six (26) off-street parking spaces shall be provided prior to issuance of a certificate of occupancy for the new addition;" and (2) "Physical (actual) access to and along the alley from the parking areas to 13th Avenue shall be developed and approved by the City of Kodiak as property owner if necessary to serve the parking requirements." The motion was seconded. A discussion ensued amongst the Commissioners, resulting in the addition (with the concurrence of Mr. Anderson and the second) of the phrase "by the applicant" to condition number 2: "Physical (actual) access to and along the alley from the parking areas to 13th Avenue shall be developed by the applicant and approved by the City of Kodiak as property owner if necessary to serve the parking requirements." A discussion ensued amongst the Commissioners, Mr. Gesko and Ms. Monroe. COMMISSIONER ANDERSON MOVED TO AMEND condition number 2, adding the word "only:" (2) "Physical (actual) access to and along the P & Z MINUTES KIBS226159 9 FEBRUARY 18, 1987 alley from the parking areas to 13th Avenue shall be developed by the applicant and approved by the City of Kodiak as property owner only if necessary to serve the parking requirements." The amendment was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER KNUDSEN MOVED TO RECONSIDER THE VARIANCE. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.57.020 of the Borough Code to permit the newly expanded school facility to provide twenty-six (26) off-street parking spaces rather than the twenty-nine (29) required spaces in a R1--Single-Family Residential Zoning District on Lots 13 through 16, Block 36, East Addition, subject to the conditions of approval outlined in the staff report dated February 5, 1987 and to adopt the findings contained in the staff report as "Findings of Fact" for this case; amending conditions 1 and 2 and adding condition number 5, to read: 1. Twenty-six (26) off-street parking spaces shall be provided prior to issuance of a certificate of occupancy for the new addition. 2. Physical (actual) access to and along the alley from the parking areas to 13th Avenue shall be developed by the applicant and approved by the City of Kodiak as property _ owner only if necessary to serve the parking requirements. 5. This variance will be valid for a period of five (5) years. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Twenty-six (26) off-street parking spaces shall be provided prior to issuance of a certificate of occupancy for the new addition. 2. Physical (actual) access to and along the alley from the parking areas to 13th Avenue shall be developed by the applicant and approved by the City of Kodiak as property owner only if necessary to serve the parking requirements. 3. Applicable provisions of Section 17.57.040 (Parking Area Development Standards) of the Borough Code shall be complied with. 4. Pursuant to Section 17.57.060(I) of the Borough Code, one required off-street parking space shall be designated as the required off-street loading berth for the school facility. r-- 5. This variance will be valid for a period of five (5) years. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of developmen eenerally do not aDDly to other DroDerties in use district. The unique physical circumstance in this case is the location of the existing building and play areas. The applicant will develop virtually all the available yard for off-street parking except for the playground. Although the required number of parking spaces could be provided, a portion of the playground would have to be eliminated. Safe P & Z MINUTES 10 FEBRUARY 18, 1987 KIBS226160 r play areas are certainly an integral component of a school or day care facility and should not be compromised for the sake of three additional parking spaces. In addition, a physical condition which is applicable to the intended use of development should be evaluated in this case. The applicant has submitted an alternative parking design (Parking Design #2) that does comply with Borough Code requirements and provides more spaces than needed. However, the practicality of the design must be questioned because of the aisle width between spaces. Given maneuvering difficulties, it is more likely that drivers will actually park as in the proposed layout (Parking Design #1) than as shown on the alternative design (Parking Design #2). 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would require the provision of 29 off-street parking spaces. This would be a practical difficulty because the size of the playground would have to be reduced or the parking lot laid out in a manner that drivers are unlikely to use. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity be detrimental to the public's health, safety and welfar Granting of the variance should not result in material damage or prejudice to other properties in the area. An adequate number of parking spaces, relative to the scale of the facility and user ages, will be provided. In addition, the parking lot will be screened from the adjoining residence and a new drop-off/pick-up area will be provided. This will enhance the public's safety and general welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for Medium -Density Residential Development. An addition will not result in a change of land use or the permitted density of the area. 5. That actions of the applicant did not cause special conditions or hich relief is bein In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the addition. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Schools are a conditionally permitted land use in this Zoning District. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. F) CASE 84-134. Planning and Zoning Commission review of the conditions of approval of the lease of Borough property to Northern Lights Riding for the Handicapped in accordance with Item 2 (Terms) of the existing lease. The existing lease may be extended for three (3) additional years if all the established conditions are met. The lease conditions are contained in Planning and Zoning Commission Resolution Number 85-01-R. Located on a Portion of Lot 1, U.S. Survey 2539, commonly known as Nixon's Ranch. P & Z MINUTES 11 KIBS226161 FEBRUARY 18, 1987 BOB PEDERSON indicated 33 public hearing notices were mailed for this case and 1 was returned, expressing non -objection to this request. The Resource Management Officer recommended approval of this request. Regular Session Closed. Public Hearing Opened: r RANDY COVEY appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Mr. Covey and Community Development Department staff regarding cleanup goals. CAROL COVEY appeared before the Commission and expressed support for this request, stating that goals included residing the barn, installing more fencing and a new corral. RANDY COVEY reappeared before the Commission and expressed a desire to obtain Borough funding support for the Northern Lights Riding for the Handicapped programs. A discussion ensued amongst the Commissioners and Mr. Covey. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO recommend that the Assembly grant a three-year renewal of an existing lease to Northern Lights Riding for the Handicapped based on review of the conditions of approval contained in Planning and Zoning Commission Resolution 85-01-R. Portion of Lot 1, U.S. Survey 2539. It is further r moved to endorse an ongoing quarterly review by the Community Development Department's Enforcement Officer and the Borough's Resource Management Officer. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Documentation that legitimizes the nonprofit status of the organization, including but not limited to, minutes of board meetings, articles of incorporation and a list of the current board of directors. 2. A determination letter from the IRS stating that the organization has 501(C)(3) status. 3. Quarterly performance reports that provide documentation that the property is being used to fulfill the purpose of the corporation. 4. A lease agreement between the owners of the buildings on the property and Northern Lights Riding for the Handicapped for the use and control of the structures on the property. 5. Proof of a certified handicapped riding instructor. r 6. Review of all of the above criteria by the Planning and Zoning Commission and the Borough Assembly prior to renewal of the lease. G) CASE S-87-002. Preliminary subdivision of Tract D-1A, U.S. Survey 1678 to Tracts D-lA-1, D-IA-2, D-lA-3 and an Included Private Road Easement. (Patricia Ann Eufemio) DAVE CROWE indicated 40 public hearing notices were mailed for this case and 1 was returned which did not address the issue of this request. Mr. Crowe also noted the inclusion in the additional handouts of a supplemental memorandum from the Community Development Department regarding this request. Staff recommended approval of this request. KIBS226162 P & Z MINUTES 12 FEBRUARY 18, 1987 F_ Regular Session Closed. Public Hearing Opened: JOHN EUFEMIO, representing Patricia Eufemio, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Dr. Eufemio, Engineering Department staff and Community Development Department staff. BRAD BRINGOLD appeared before the Commission and expressed non -objection to this request. A discussion ensued amongst the Commissioners, Dr. Bringold and Dr. Eufemio. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Tract D-lA, U.S. Survey 1678 to Tracts D-lA-1, D-IA-2, D-IA-3 and an Included Private Road Easement subject to the conditions outlined in the memorandum from the Borough Engineer dated February 10, 1987: conditions numbered 1, 2, 3, 4, condition number 5 to read "That the width of the private road be fifty (50) feet," and 6. The motion was seconded. CSSIONER MOVED TO CONTINUE THE MEETING BEYOND THE 11:00 P The motion was seconded and CARRIED by unanimous vote. A discussion ensued amongst the Commissioners, Community Development Department staff, Dr. Eufemio and Engineering Department staff concerning the Community Development Department's memorandum dated February 17, 1987. The question was called and the motion CARRIED by unanimous roll call vote. 1. 2. 3. 4. 5. 6. That the applicant furnish the necessary documents to satisfy the requirements of 16.40.080 (A), (B) and (C). That a pedestrian access easement be provided to the gravesite. That the 8 foot by 10 foot shed be either removed or relocated to a lot having a main dwelling. That the proposed road and utility easement be extended all the way across Tract D-lA-3 and that the designation be changed to "Private road and utility easement." That the width of the private road easement be fifty (50) feet. That a note be placed on the streams and drainage courses impeded." VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. final plat stating: "Natural shall not be blocked or P & Z MINUTES 13 KIBS226163 FEBRUARY 18, 1987 IX. COMMUNICATIONS B) Administrative Interpretation of the Off -Street Parking Requirements for Churches. COMMISSIONER KNUDSEN MOVED TO CONCUR with the Administrative Interpretation that the off-street parking requirements for churches will be computed as follows: r- 1. One (1) parking space for each three (3) occupants based on the maximum occupancy of the principal place of assembly. 2. Maximum occupancy of the principal place of assembly will be determined from the Uniform Building Code occupancy load factors. 3. In the case where seating plans (i.e., fixed pews or open seating) are not finalized at the time of an application for zoning compliance, the off-street parking requirements will be computed for an assembly area without fixed seating [one (1) occupant/seven (7) square feet]. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A, C and D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Copy of a memo to Members of the Selief Lane Task Force dated January 23, 1987, from Bud Cassidy, Resource Management Officer, re: Organizational meeting on Wednesday, February 11, 1987. C) Letter dated February 18, 1987, from Jerome Selby to Bill H. r— Lamoreaux, ADEC, re: Brechan Solid Waste Permit Application No. 8621-BA019 D) Memo dated February 18, 1987, from Linda Freed to Jerome Selby, re: Nonconforming Lots of Record There were no further communications. X. REPORTS A) Status Report from the Community Development Department. LINDA FREED reported on the following: (1) Item IX-D, re nonconforming lots of record; (2) the Parks and Recreation Meeting scheduled for March 2, 1987; (3) the worksession scheduled for February 19, 1987, with the City Council to discuss the side and glide slope proposed regulations, and February 25, 1987. A discussion ensued amongst the Commissioners and Community Development Department staff concerning pending litigation (KIB vs. White) and the other enforcement actions relating to Mr. White. XI. AUDIENCE COMMENTS ROLAN RUOSS appeared before the Commission and commended the r^ Commission for the action taken concerning the Port Lions rezoning issue (Item VI-B, Case 87-002). There were no further audience comments. XII. COMMISSIONERS' COMMENTS KIBS226164 COMMISSIONER ANDERSON stated that he was pleased that negative votes of Commissioners were explained to the applicants. COMMISSIONER KNUDSEN stated that she appreciated the inclusion of the coastal management policies and review in the staff reports. COMMISSIONER THOMPSON expressed concern with staff recommended setback requirements on waterlines as being measured from the tops of bluffs. P & Z MINUTES 14 FEBRUARY 18, 1987 A discussion ensued amongst the Commissioners and Community Development Department staff. It was decided to hold a worksession on this issue along with implications of coastal management policies on March 4, 1987. XIII. ADJOURNMENT r CHAIRMAN RENNELL adjourned the meeting at 11:45 p.m. I KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION P— By: teve Renne Chairman ATTEST By: kiz� Patricia Miley,(,Secretary Community Development Department DATE APPROVED: MgU44 IQ, lgg4- A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226165 P & Z MINUTES 15 FEBRUARY 18, 1987