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1984-08-15 Regular MeetingF F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - August 15, 1984 MINUTES I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Gregg on August 15, 1984 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Virginia Crowe Tim Hill Dan James Marlin Knight Fred Patterson Steve Rennell III APPROVAL OF AGENDA COMMISSIONER CROWE MOVED TO mot IV MINUTES OF PREVIOUS MEETINGS Others Present: Linda Freed, Director Community Development Department Bud Cassidy, Assistant Planner/ Zoning Officer Community Development Department Dave Crowe, Borough Engineer Engineering Department Cathy Kester, Acting Secretary Community Development Department under Item vote. COMMISSIONER CROWE MOVED TO ACCEPT THE MINUTES of the J Planning and Zoning Commission meeting. The motion was fi7,\:7:»0YP. vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS minutes of S. 18, 1984 onded and A. Glacier State Telephone Company; Approval of Siding Material. The Commission examined the samples of siding material proposed for Glacier State Telephone Company's new switching station. After some discussion, COMMISSIONER RENNELL MOVED TO VOICE NONOBJECTION to the selection of siding materials for Glacier State Telephone Company's The motion was seconded and CARRIED vote. B. Kodiak Sheffield Hotel; Approval of Screening. In response to a letter of concern from Kathryn L. Kinnear, an adja- cent property owner to the Sheffield Hotel, the Commission addressed the issue of the type of screening that the Sheffield Hotel has provided between their property and the adjacent residential proper- ties. In order to give the Commission time to examine the screening, COMMISSIONER RENNELL MOVED TO TABLE any action on this item until the regular September 1984 meeting. The motion was seconded and CARRIED by unanimous voice vote. Chairman Gregg directed staff to communicat to the Sheffield Hotel the need for proper screening; obtain possible recommendations for screening from hotel management; and advise the Sheffield Hotel of the concern that has been voiced by Ms. Kinnear. C. Dan Maciak's Letter Regarding Mr. Arnie Tweten's Request for for an Exception KIBS225564 F r F Mr. Maciak's letter regarding Mr. Tweten's exception request for gravel extraction was read into the record by Ms. Freed. Mr. Maciak voiced total objection to any exception being granted to Mr. Tweten and stated that gravel extraction should only occur in industrial -zoned land when done for commercial purposes. He stated "Mr. Tweeten's intent is to extract rock for commercial interest in residential zone area and then decide whether to develop the land for residential usage." VI PUBLIC HEARINGS CHAIRMAN GREGG requested that public hearing testimony be limited to three minutes per individual. A) CASE 84-79. An Ordinance of the Kodiak Island Borough creating a new rural residential zoning district. (Planning and Zoning Commission) Staff noted that one public hearing notice had been returned and requested to be read into the record. Regular Session closed: Public Hearing opened: ROBIN HEINRICHS spoke in favor of creating the new zoning district. He felt it provided a good transition between RR1 lots and R1 lots. Mr. Heinrichs noted that this new district would be beneficial to the area on the back side of Island Lake where sewer and water are cur- rently being installed. TONY PEREZ spoke in opposition of the ordinance. Mr. Perez spoke on behalf of the residents on Spruce Cape (USS 3100 & USS 3101) and displayed a map showing how the residents of that area requested 7200 square foot lots for their area. "This is just to give you an idea that most of the people, or a large majority of people, would like to see the grid system maintained of 7200 feet. If people want to subdivide their lots into larger lots that's their prerogative, but the basic is 7200 and you work up." TOM SIMMONS (letter read into the record by Ms. Freed) was in favor of the ordinance. Pastor Simmons felt that the 20,000 square foot lots would be economically beneficial to buyers by providing them smaller lots in a lower price range. He also felt lots of that size would not add significantly greater density of people and homes to area zoned RRII. Public Hearing closed: Regular Session opened: COMMISSIONER RENNELL MOVED TO REMOVE CASE 84-079 FROM THE TABLE. The motion was seconded and CARRIED by unanimous roll call vote. Commissioner James suggested introducing the RR'II district with the new comprehensive plan. The Commission also discussed as an alternative revising the existing RR1 zoning district to allow 20,000 square foot lots when sewer and water were provided. This alternative would eliminate the need for the public hearing process each time an area received public sewer and water and individuals wanted to subdivide their lots. COMMISSIONER CROWE MOVED TO TABLE CASE trict. The motion was seconded CARRIED by unanimous voice vote. B) CASE 84-095. Request for a Variance from Section 17.34.030 (Area Requirements) of Borough Code to permit zero -lot -line construc- tion on a lot that exceeds the 3:1 depth to width ratio. Lot 8, Block 4, Elderberry Heights Subdivision. (E. B. Carrington) Staff reported that additional public hearing notices had been returned and had been copied for the Commission. Regular Session closed: Public Hearing opened: KIBS225565 Regular Meeting -2- August 15, 1984 JIM HEIKES, an adjacent property owner, neither spoke for or against the request, but requested that the Commission add a condition on the variance, if granted, to state that "The contractor and/or owner shall not cut any trees that lie outside of the existing plan for building and driveway." Mr. Heikes requested this condition because he was concerned that if the trees were clear-cut off the subject property it would cause the trees on his property to become loosened and eventu- ally destroyed. TOBY COOK, agent for the property owner, spoke in favor of the re- quest. Mr. Cook assured Mr. Heikes that no trees adjacent to the two property lines would be cut down; only the trees within a ten foot r. radius of the building and driveway access were proposed to be cut down. Public Hearing closed: Regular Session opened: COMMISSIONER CROWE MOVED TO GRANT A VARIANCE from Section 17.34.030 (Area Requirements) of Borough Code to permit a zero -lot -line structure on a lot that exceeds the 3:1 lot depth -to -width ratio with the following condition: 1. That the cutting of trees is prohibited within 40 feet of the rear lot line that is common with Lot 6, Block 3, Russell Estates (Second Addition). The motion was seconded. Chairman Gregg and Commissioner Knight questioned whether the condition would be at all enforceable by the Borough and felt that the condition would either have to be a gentleman's agreement between the property owners or a restriction in the deed. A roll call vote was taken and the motion CARRIED unanimously. C) CASE 84-096. Request for a Variance from Section 17.52.060 (Main Building) of Borough Code to permit the construction of a barn on Rural Residential One (RR1) zoned property in the absence of a residence. Located on a portion of U.S. Survey 1822. (Donald and Barbara Zimmerman) Staff reported that no public hearing notices had been received. Regular Session closed: Public Hearing opened: DON ZIMMERMAN, applicant, spoke in favor of the request. Mr. Zimmer- man noted that the problems previously associated with this case had been negotiated with the adjacent property owners and those problems no longer existed. Mr. Zimmerman stated that he would agree to a three-year time limit to build a main dwelling on the lot. DR. BOB JOHNSON, an adjacent property owner, reported that an agree- ment had been negotiated between the parties involved and that there was no longer any objection to the request. Public Hearing closed: Regular Session opened: HILL MOVED TO GRANT A REOUEST FOR A VARIANCE of an agricultural building (horse barn) in the absence of a main dwelling used as a residence on a portion of U.S. Survey 1822. The r motion was seconded. Commissioner Crowe expressed concern that property owners or circumstances could change and that all that would remain on the subject property would be a barn on a residential piece of land. COMMISSIONER PATTERSON MOVED TO AMEND THE MOTION BY ADDING: 1. That, if within three years, the main residence has not been built that the barn be removed; and 2. That if the ownership of that lot changes, the barn be removed. The amendment was seconded and CARRIED with Commissioner Rennell voting NO. A roll call vote on the main motion as amended was taken and CARRIED with Commissioner Rennell voting NO. Regular Meeting -3 KIBS225566 lugust 15, 1984 D) CASE 84-097. Request for an Exception from Section 17.21.020 (Permitted Uses) of Borough Code to allow a dwelling unit for a caretaker. Located on Business -zoned property; Lot 13, Block 3, New Kodiak Subdivision; 1320 Shelikof Avenue. (Arc 'N' Spark Welding) Staff reported that the applicant requested that the Commission table his request pending discussions with the City Council on this issue. Regular Session closed: Public Hearing opened: NO COMMENTS Public Hearing closed: r Regular Session opened: COMMISSIONER HILL MOVED TO TABLE Case 84-097 until the applicant asks for the request to be put back on the agenda. Motion was seconded and CARRIED by unanimous voice vote. E) CASE 84-100. Request to rezone a portion of Lot 1A, Tract A, U.S. Survey 3465 from Public Use Lands (PL) to Single -Family Residential (R1) (Lakeside Subdivision, First Addition) generally located on the front side of Island Lake. (Kodiak Island Borough) Staff had no additional report. Regular Session closed: Public Hearing opened: SCOTT ARNDT spoke against the request and presented the Commission with a petition from the property owners in the area opposed to the rezoning request. He noted that all the property owners that he had been able to contact had signed the petition and are adamantly opposed to the rezoning. Mr. Arndt reported that the main concern with the rezoning is the increased density expected in the future and the need to maintain a park for the area. r BETTE BISHOP spoke against the rezoning. She stated that "idealog- ically" she was against rezoning any public lands into a residential zoning classification. She noted that in the past the Planning and Zoning Commission had requested portions of new subdivisions to be set aside for open space, and she requested that the Commission maintain that position with this request. TONY PEREZ spoke against the request. Mr. Perez said that histor- ically the land had been set aside for a park, and he wished to see it remain that way. LORNA ARNDT spoke against the request. Mrs. Arndt wanted to know who initiated the action on the rezoning and was told that the Borough Assembly had. She saw the need to maintain the subject property as a park. Mrs. Arndt also objected to the Borough competing with private developers in selling property. She further objected to the three - minute time limit set on public hearing testimony. TED ROGERS, adjacent property owner, spoke against the request. The land is presently used and enjoyed as public use land, and he desired to see it remain that way. DON SWANSON, adjacent property owner, was opposed to the rezoning. DAVE RICKARD, adjacent property owner, spoke against the request. Mr. rRickard understood that the proposed subdivision would cost $1 million to develop and commented that developing the area as a park instead of a subdivision would cost considerably less. He also felt that his land would be devalued by the new subdivision. Mr. Rickard would rather see the land leased to the Elks for use as a boy scout camp than be subdivided. Public Hearing closed: Regular Session opened: Commissioners Hill, Rennell, and Crowe all expressed their desire to see the land remain as public use land. Chairman Gregg suggested that Regular Meeting -4- KIBS225567 August 15, 1984 the wording of the motion be to not rezone the subject property as it would more accurately convey theintent of the Commission. COMMIS- SIONER PATTERSON MOVED TO RECOMMEND TO THE ASSEMBLY that the portion of Lot IA. Tract A. U.S. Survev 3465, identified in the preliminary rezoned from Public Use Lands (PL) to Single -Family Residential (R1) with the exception of Lot 10, Block R-2 (or whatever the lot designa- tion is on the final plat). The motion was seconded and FAILED 4-1 with Commissioner Knight voting YES. Commissioner Knight stated for the record that the reason he voted for the request was so the Borough Assembly, since they initiated the request, would have to sit through the testimony of the public during a public hearing. COMMISSIONER HILL MOVED TO ADOPT AS FINDINGS OF FACT: 1. Unanimous public testimony against the rezoning, 2. The property is in an established residential at 3. The adiacent area 4. It is the last large tract of land available for recreation use in the vicinity; and 5. The Service District Number One Advisory Board is opposed to the of fact in The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN GREGG called for a five-minute recess at 9:20 p.m., and the meeting reconvened at 9:30 p.m. F) CASE S-84-042. Vacation of Lots 1A and 2A, Tract A, U.S. Survey 3465; and replat to Lakeside Subdivision, First Addition (Blocks R-1, R-2, R-3, and Group Camp Lease Site). (Kodiak Island Borough) Ms. Freed explained that Public Use lands can be subdivided into 7200 square foot lots, but recommended that the subject property not be fI replatted since the property was not recommended to be rezoned. Mr. Crowe reported that one public hearing notice had been returned opposing the replatting. F Regular Session closed: Public Hearing opened: SCOTT ARNDT spoke in opposition of the subdivision. Mr. Arndt ex- pressed concern, on behalf of the Service District, that it was poor planning to carry the industrial road (Smokey's Road) through to a residential area. The Service District proposed that the industrial road be dead -ended into a cul-de-sac so it does not enter the residen- tial area. The Service District also requested that the Dark Lake access road in the Lakeside Subdivision be platted but not put in. Public Hearing closed: Regular Session opened: PRELIMINARY APPROVAL TO CASE S-84- to Lakeside Subdivision, First Addition Group Camp Lease Site). The motion was unanimous roll call vote. COMMISSIONER RENNELL MOVED TO ADOPT AS FINDINGS OF FACT: 1. Unanimous public test 2. The property is in an 3. Th re 4. It in 5. Th use st t the subdivision; residential area and has tract of land available for their Board is s The motion was seconded and CARRIED by unanimous voice vote. Regular Meeting -5- August 15, 1984 KIBS22556R r r G) CASE S-84-039. Subdivision of Part Lot 36 and Part Lot 38, Block 19, Kodiak Townsite Alaska; to Lots 36A and 36B, Block 19, Kodiak Townsite Alaska, U.S. Survey 2537B. (William and Teresa Bishop) Mr. Crowe reported that he had received one public hearing notice back from Mr. John Pugh requesting that the portion of the road extending past Cope Street be shown on the plat. Regular Session closed: Public Hearing opened: NO COMMENTS Public Hearing closed: Regular Session opened: COMMISSIONER CROWE MOVED TO GRANT FINAL APPROVAL to the subdivision of Part Lot 36 and Part Lot 38. Block 19. Kodiak Townsite Alaska: to Lots the following conditions. 1. That a public 36A and 36B in 2. ion fisting access on the final The motion was seconded and CARRIED by unanimous roll call vote. VII OLD BUSINESS A) CASE 84-083. Request for an exception from Section 17.17.020 (Permitted Uses) of Borough Code to permit the extraction of approximately 90,000 cubic yards of rock material from a rural residential lot; Lot 2, Block 3, Monashka Bay Alaska Subdivision (Arnold Tweten) TABLED from July 18, 1984. was CASE 84-083 FROM THE TABLE. Motion vote. Staff reported that owners' signatures had been received on the exception application as is required by Borough Code. :xtraction of a' MOVED TO GRANT A REQUEST FOR AN EXCEPTION from G U rural residential lot; Lot 2, Block 3, Monashka Bay Alaska Subdivi- sion. The motion was seconded. The applicant, Mr. Tweten, was allowed to review his request. He explained to the Commission that the primary purpose of the requested rock removal is to allow the subdivision of the subject property into three lots. Mr. Tweten also identified for the Commission the figure of 65,000 cubic yards as the maximum amount of rock that would be extracted; asked for a time limit of two years to accomplish this rock removal; and estimated that it would require 16 loads a day, 6 days a week, for 390 days to accom- plish this extraction. CHAIRMAN GREGG called for a roll call vote and the motion FAILED unanimously. The Commission concurred that findings of fact for Case 84-083 be adopted at the Commission's September 1984 meeting under Old Business. B) CASE 84-080. Request to Rezone a portion of U.S. Survey 5509, Port Lions Second Addition from Conservation to Rural Residential One in accordance with Section 17.72.030 (Manner of Initiation) of Borough Code. (Afognak Native Corporation) COMMISSIONER CROWE MOVED TO REMOVE CASE 84-080 FROM THE TABLE. The n motion was seconded and CARRIED by unanimous voice vote. IStaff reported that the applicant had not completed the revised plat as requested by the Commission at their last meeting and recommended tabling the request until the revised plat had been received. COMMIS- SIONER RENNELL MOVED TO TABLE CASE 84-080 until the applicant resub- mitted his revised plat. The motion was seconded and CARRIED by unanimous voice vote. C) CASE S-84-026. Subdivision of Lot 2, Block 2, Shahafka Acres Subdivision, U.S. Survey 3218; to Lots 2A and 2B, Block 2, Shahafka Acres Subdivision, U.S. Survey 3218. (Helen C. Hall) Regular Meeting -6- August 15, 1984 KIBS225569 ui r r motion was vote. D) CASE S-84-027. Subdivision of Lot 4A, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218; to Lots 4A-1, 4A-2, and 4A-3, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218. (Mary Jane Rogers) COMMISSIONER HILL MOVED TO GRANT Lot 4A. Block 1. Shahafka Acres Subdivision. U.S. Survev 3218: to Lots 1. That a note be pla subdivision of Lot 2. That a building se 3. ine between Lot 4. The motion was seconded. MOTION BY ADDING: 5) Tha line 4A-2; and easement be which shall be centered on the the lot +7l[o7�I:ii 7`FYl7:YYTu(�l�IC�Z;�Si:I I�i�Y71�1 institution. The amendment was seconded and CARRIED with C Rennell voting NO. The main motion as amended CARRIED with Commissioner Rennell voting NO. E) CASE 84-098. Variance request. Lots 30 and 32, Block 19, Kodiak Townsite Alaska Subdivision. (Joe Perrozzi) COMMISSIONER CROWE MOVED TO REMOVE CASE 84-098 FROM THE TABLE. Motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER CROWE MOVED TO ACCEPT THE FINDINGS OF FACT FROM THE PLANNING DEPARTMENT AS OUTLINED BELOW: 1. General maintenance of the structure requires replacement of the existine flat roof: not allowing a Ditched roof would create an 2. An 3. would result by not allowing structural null and void per Section 17.03.060 of the Borough Code, the granting of this variance will grant some relief to the appellant. The motion was seconded and CARRIED with Commissioners Patterson and Hill abstaining. VIII NEW BUSINESS A) Revised Parking Ordinance B) Gravel Extraction C) Planning and Zoning Commission Bylaws Amendments In order to give the Commission time for review, staff recommended that the Commission review the items under New Business at their next work session. COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT OF ALL NEW BUSINESS. The motion was seconded. Commissioner Crowe asked staff to clarify some of the proposed bylaws and amendments: 1) establishment of a quorum; 2) Item H under III (Powers and Duties) relating to exception requests and energy efficiency; and 3) the order of meetings as proposed to be amended. The motion CARRIED by unanimous voice vote. KIBS225570 Regular Meeting -7- August 15, 1984 IX COMMUNICATIONS A) Kiewit Groves. Time extension for required conditions on exception request granted in 1983. tober The motion was vote. uk1 .4YOR&I1161W614MV4G a t B) Afognak Native Corporation. Proposed Raft Logging Facility. voice Staff reported that Afognak Native Corporation is proposing to put in a raft logging facility in the Danger Bay area on Afognak Island and are currently getting their permits from the state and federal govern- ments. Ms. Freed noted that the Coastal Management Program does not directly address transfer points for timber harvesting. The corpora- tion just wanted the Commission to be aware of their plans. X REPORTS Ms. Freed reported that the Community Development Department has hired a new secretary and her name is Patty Spencer. In response to an inquiry by Commissioner Crowe, Ms. Freed also reported that the Department had not yet advertised for the position that will investigate zoning violations. XI AUDIENCE COMMENTS SCOTT ARNDT thanked the Commission for their action on the rezoning request for Lakeside Subdivision. Mr. Arndt also asked to be notified of the Commission's work sessions that will deal with the issue of gravel extraction. APPROVAL OF MINUTES COMMISSIONER RENNELL MOVED TO ACCEPT THE MINUTES by revising "Chairman Rennell" on page two to read "COMMISSIONER Rennell." The motion was seconded and CARRIED with Commissioners Patterson and Hill abstaining. XII COMMISSIONERS' COMMENTS COMMISSIONER KNIGHT asked Ms. Freed to report the activity at the State Park Citizens Advisory Board meeting. Ms. Freed reported that this Board had met the previous evening and the issue of R/V parks had been discussed at the meeting by the Board and State House and Senate candidates. The basic consensus at this meeting was that restrictions on R/V parks should be relaxed so that private enterprise could put in more R/V parks. Assemblyman (and candidate) Naughton advised the Board and public in attendance that the Borough Assembly had intro- duced on first reading an ordinance at their August meeting revising the Borough's R/V park ordinance. The Assembly has also asked staff to investigate and advise the Assembly of R/V regulations in other municipalities in the state. COMMISSIONER PATTERSON asked staff to place on the next work session's agenda an amendment for the lot depth -to -width ratio requirements on the zero -lot -line ordinance. Commissioner Patterson also asked staff to give the background on the Lamont case as had been reported recent- ly in the Daily Mirror under letters to the editor. Ms. Freed ex- plained the past history of this case and relayed that the Department had written Mr. Lamont and advised him again that he is not to conduct a welding repair business on his lot and that he had thirty days to remove the metal from around the outside of the building. COMMISSIONER CROWE also asked staff if there were any other inconsis- tencies in the zero -lot -line ordinance and asked that they be reviewed as soon as possible at a work session. Commissioner Crowe also wanted to know what the proposed revisions by the Assembly were to the R/V ordinance and how the Assembly could address revisions without Plan- ning and Zoning Commission review and recommendations. Ms. Freed then explained the proposed revisions and advised Commissioner Crowe that the Assembly was within their authority to revise an ordinance they had approved, without Commission review. KIBS225571 Regular Meeting -8- August 15, 1984 COMMISSIONER RENNELL suggested that a "tree" ordinance could be implemented in Kodiak. Commissioner Rennell also addressed the issue of R/V parks and noted that one of the main issues would be sanitation. Ms. Freed noted that the state has minimum regulations for sanitary facilities for R/V parks. COMMISSIONER HILL asked staff for an update on the Perrozzi court case. Mr. Cassidy reported that the hearing had been delayed for 60 days pending City Council action. Ms. Freed reported that Mr. Perroz- zi had been given an agreement outlining restrictions on his building permit; to date it had not been signed. COMMISSIONER JAMES commented that a "tree" ordinance should not be enacted. There should be no restrictions on cutting of trees as the owner of a lot should be allowed to cut down trees he feels are necessary to develop his property. CHAIRMAN GREGG complimented the new format for staff reports that reflect the code requirements for granting of a variance. XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 10:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST BY: �� 41Q-� Cathy Kester, cting Secretary DATE APPROVED: I4, aF, r BY: Ken Gregg, Chairma KIBS225572 Regular Meeting -9- August 15, 1984