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1990-01-17 Regular MeetingIV. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 17, 1990 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Vice Chairperson Robin Heinrichs on January 17, 1990 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Robin Heinrichs, Chairperson Jon Aspgren Wayne Coleman Jon Hartt Jody Hodgins Commissioners Absent: Bruce Barrett, Excused Tom Hendel, Excused A quorum was established. ELECTION OF OFFICERS Others Present: Duane Dvorak, Acting Director Community Development Department Patricia Miley, Secretary Community Development Department COMMISSIONER HARTT MOVED TO NOMINATE Robin Heinrichs for Chairperson and Jody Hodgins for Vice Chairperson for the 1990 calendar year. The motion was seconded. COMMISSIONER COLEMAN MOVED TO CLOSE NOMINATIONS. The motion was seconded and CARRIED by unanimous voice vote. The question was called and the MOTION CARRIED by unanimous roll call vote. APPROVAL OF AGENDA Staff reported the following additions to the agenda: X. COMMUNICATIONS C) Letter dated January 4, 1990, from Nelda Warkentin, Alaska Department of Community and Regional Affairs, re: Planning Commission Training (with attachment) D) Flier, re: In the search of excellence seminar. KIBS226977 Page 1 of 12 P & Z Minutes: January 17, 1990 E) Letter dated January 10, 1990, to Dale Stratton from Bob Scholze, re: Lot 1, Block 2, Mountain View 1st Addition - 2543 Monashka Bay Road - Illegal dwelling units (two travel trailers). COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. V. MINUTES OF PREVIOUS MEETING COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the December 20, 1989 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. VI. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Case 89-016. Request for reconsideration of condition of approval number two (2) for a previously approved exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit the relocation of a logging base camp from Barefoot Beach to Big Sandy Lake [one and a half (1.5) miles south of the present location] in the Conservation Zoning District. Legally described as within Sections 4 and 9, Township 24 South, Range 20 West, Seward Meridian. Generally located at Barefoot Beach, Kazakof Bay, and Big Sandy Lake on Afognak Island. (KONCOR Forest Products; Ouzinkie Native Corporation; Natives of Kodiak, Inc.; Valentine Logging) The Commission, with input from Community Development Department staff, discussed the request. Staff noted that the Borough would be notified of any changes in the activities and facilities through the Alaska Coastal Management Program review process and that the Borough would have the opportunity to comment on any changes. COMMISSIONER HODGINS MOVED TO REMOVE condition of approval number two (2) for Case 89-016, contained in the staff report dated March 6, 1989, and to adopt the findings of fact contained in the staff memorandum dated January 4, 1990 as "Findings of Fact' for this decision. CONDITION OF APPROVAL DELETED: 2. Any change or enlargement in the camp size and location of the logging camp is not permitted under this exception. A reduction in the size is permitted. FINDINGS OF FACT: 1. The logging camp referred to in the original exception was never built nor was zoning compliance ever issued for the camp. 2. The logging camp permitted by the original exception is to be relocated to a nearby location and all other conditions of approval are being met as indicated by the information provided in the coastal consistency review process. KIBS226978 Page 2 of 12 P & Z Minutes: January 17, 1990 3. This condition of approval was not required for the one other logging camp facility located nearby on Afognak Island. 4. If at some time in the future, staff is made aware of substantial changes to the development through the coastal consistency review process, the property owner/developer will be informed of any further review that is required. The motion was seconded and CARRIED by unanimous roll call vote. There were no further audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 90-001. An appeal of an Administrative Decision in accordance with Section 17.68.020B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of unlawful uses of land (accessory buildings located on a lot without a main structure and outdoor storage of fishing gear in an R-2--Two-family Residential Zoning District) and removal of the accessory buildings and all items classified as outdoor storage within thirty (30) days. The appellant seeks the following relief: An exception from Section 17.51.060 (Main Buildings) of the Borough Code to permit the location of three (3) eight by eight by twenty foot (8' x 8' x 20') shipping containers (accessory buildings) on a lot when there is no main structure in an R-2--Two-family Residential Zoning District. The applicant intends to build a duplex on the lot in the spring or summer of 1990. Lot 8A, Block 1, Southeast Addition; 1214 Father Herman Road. (Byron Pierce) DUANE DVORAK indicated 38 public hearing notices were mailed and 3 were returned, opposing the exception request. Staff recommended affirmation of the Administrative Decision and denial of the exception request. Regular Session Closed. Public Hearing Opened: BYRON PIERCE appeared before the Commission and expressed support for this request. The Commission and Mr. Pierce discussed the contents of the shipping containers and whether or not they would need to be moved in order to build the duplex. Mr. Pierce indicated that the shipping containers were now empty but, should the exception be granted, the containers would be used to store building materials until September 1, 1990. Mr. Pierce also stated that the fishing gear stored outside would be removed from the property. Public Hearing Closed. Regular Session Opened. MBS226979 Page 3 of 12 P & Z Minutes; January 17, 1990 COMMISSIONER HODGINS MOVED TO AFFIRM the administrative decision that the outdoor storage of fishing gear and the accessory buildings located on Lot 8A, Block 1, Southeast Addition is an unlawful use of land and that the outdoor storage and accessory buildings must be removed from the property by February 16, 1990. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO GRANT an exception from Section 17.51.080 of the Borough Code to permit the location of three (3) eight by eight by twenty (8 x 8 x 20) foot shipping containers (accessory buildings) on a lot where there is no main structure in an R2--Two-Family Residential Zoning District on Lot 8A, Block 1, Southeast Addition. The motion was seconded. COMMISSIONER COLEMAN MOVED TO AMEND THE MAIN MOTION to state that the exception was valid only to July 17, 1990. The AMENDMENT was seconded and FAILED by roll call vote. Commissioners Hodgins and Aspgren voted "no." The question was called and the MAIN MOTION FAILED by unanimous roll call vote. COMMISSIONER HODGINS MOVED TO ADOPT the findings — contained in the staff report dated January 5, 1990 as "Findings of Fact" for Case 90-001. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use may endanger the public's health, safety, or general welfare because commercial land uses (e.g. outdoor storage, mini - warehouse) have the potential to detract from the use of the land on adjoining properties for residential purposes. This is evidenced by the complaint already received regarding the storage of fishing gear. Methods of limiting these potential land use conflicts can include, but are not limited to: screening; limits on the land area to be used for the activity; or time limits on the length of time the proposed activity is allowed. In this case it is doubtful that screening would be adequate to mitigate this land use conflict as the subject property sits below a number of nearby residential dwelling units. Limits on the length of time the proposed land use may be allowed is clearly what the applicant had in mind; however, the property owner has not said exactly when the main structure is to be constructed. In any KIBS226980 Page 4 of 12 P & Z Minutes: January 17, 1990 event, even if a main structure is located on the lot, the use of an accessory building is supposed to be subsidiary and incidental to the use of the land for residential purposes. In this case, commercial fishing gear storage, even if located within an accessory building would still constitute a violation of the Borough Code. r-- B. The proposed use will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2--Two- Family Residential Zoning District. Section 17.19.010 specifies that the intentions of this district are to encourage the construction of single and two-family dwellings, to prohibit commercial and industrial land uses which would interfere with the development or continuation of single and two-family dwellings in the district, and to encourage the discontinuation of existing uses that are not permitted under the provision of this chapter. The applicant's exception request is not consistent with the description and intent of the R-2--Two- Family Residential Zoning District. C. The proposed use could potentially have adverse impacts on other properties in the area. In addition to the potential land use conflicts between the requested commercial land use and the existing residential land uses (e.g. noise, traffic, hours of operation, etc.) granting this exception will set a precedent for changing the expected use and lifestyle of the R-2--Two-Family Residential Zoning District (i.e., medium density, one and two family residential). This is especially true given the existence of the current fishing gear and accessory building storage already taking place on the property. This exception, if approved, will allow what are essentially commercial land uses on this property. This can give the impression that the intended use of the surrounding residential zoned land may also be of a commercial nature. If the Commission feels this is a legitimate impression to give to the public then at some point the property should be investigated for possible rezoning. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-002. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code for conceptual approval of a residential community development and other ancillary structures and activities associated with residential uses in the Conservation Zoning District on two (2) tracts of land totalling approximately 274 acres. Tracts A and B, Township 25 South, Range 22 West, Seward Meridian, as shown on Plats 89-8-RS, 88-4-RS, and 87-39-RS. Generally located on Raspberry Strait Narrows, Afognak Island. (Aleneva Joint Venture; Fred Reutov) DUANE DVORAK indicated 16 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended postponing action on this case and holding another public hearing at the February 1990 regular meeting. KIBS226981 Page 6 of 12 P & Z Minutes: January 17, 1990 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO POSTPONE action on Case 90- 002 until the Planning and Zoning Commission meeting of February 21, 1990, and to reschedule the case for another public hearing at that time. The motion was seconded. The Commission, with input from Community Development Department staff, discussed this request. The discussion included the constraints of the sale to the joint venture, the need for a site plan, the applicability of building codes and inspections, and enforcement issues. The question was called and the MOTION CARRIED by unanimous roll call vote. C) Case 90-003. Request for the rezoning of an Unsubdivided Portion of U.S. Survey 1396 from RR-1--Rural Residential One to R-1--Single- family Residential in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code. Generally located on Selief Lane between Mylark Lane and Lynden Way. (Lee Russell) DUANE DVORAK indicated 57 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended expanding the rezoning to include all of the RR1--Rural Residential One properties on Selief Lane, postponing action on this case until the February 1990 regular meeting, and holding another public hearing at the February 1990 regular meeting. Regular Session Closed. Public Hearing Opened: LEE RUSSELL appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO DIRECT STAFF to increase the scope of this rezone investigation to include: Lots 1 through 13, Block 1, Elderberry Heights Subdivision; and Lots 1 and 2, Block 6, Elderberry Heights 3rd Addition; and to POSTPONE action on Case 90-003 until the February 21, 1989 Planning and Zoning Commission meeting; and to schedule this case for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226982 Page 6 of 12 P & Z Minutes: January 17, 1990 D) Case 90-004. Request for a variance from Section 17.19.050 (Building Height Limit) of the Borough Code to permit a proposed thirty-six (36) foot high duplex to exceed the required thirty-five (35) foot height limit by one (1) foot in an R-2--Two-family Residential Zoning District; and a Request to amend Section 17.06.300 [Grade (ground level)] in accordance with Section 17.72.030C (Manner of Initiation) of the r Borough Code to specifically permit the substitution of parking decks level with the adjacent right-of-way (as outlined in the Administrative Decision dated January 21, 1987) to be considered in establishing the average levels of the finished ground which is further used to calculate the overall height of proposed structures. Lot 9, Block 31, East Addition; 811 Mission Road. (Chris Myrick) CHAIRPERSON HEINRICHS passed the gavel to Vice Chairperson Hodgins. Commissioner Heinrichs requested a determination as to a potential conflict of interest. Commissioner Heinrichs stated that he has a contract with Mr. and Ms. Myrick to serve as a consultant regarding the structure and for drafting services. COMMISSIONER COLEMAN MOVED TO EXCUSE Commissioner Heinrichs. The motion was seconded and CARRIED by majority roll call vote. Commissioner Hartt voted "no." DUANE DVORAK indicated 39 public hearing notices were mailed and 3 were returned, 1 in favor and 2 opposing this request. Staff reported that the applicant had withdrawn these requests on January 17, 1990. Regular Session Closed. Public Hearing Opened: ANNA LAMUG, owner of Lot 8, Block 1, Kodiak Townsite, appeared before the Commission and expressed concern regarding the R-2-- Two-family Residential zoning of this property and stated objection to this request. Public Hearing Closed. Regular Session Opened. The Commission took no action on these requests. CHAIRPERSON HEINRICHS returned to the Commission. E) Case 5-89-039. An appeal of a condition of approval for an abbreviated plat in accordance with Section 16.95.020B (Commencement of Appeal; Stay) of the Borough Code. The condition of approval appealed states: "Place a note on the final plat stating: The rear yard setback of Lots 14A and 15A, Block 7, Leite Addition shall be measured from the top of the high bank." KIBS226983 Page 7 of 12 P & Z Minutes: January 17, 1990 Vacation and replat of Lots 14 and 15, Block 7, Leite Addition; 1427 and 1429 Yanovsky Street. (Charles E. and Sherry Saunders) DUANE DVORAK indicated 37 public hearing notices were mailed for this case and 1 was returned, in favor of the appeal. Staff recommended affirmation of the Administrative Decision. CHAIRPERSON HEINRICHS passed the gavel to Vice Chairperson Hodgins. Commissioner Heinrichs requested a determination as to a potential conflict of interest. Commissioner Heinrichs stated that he was drawing plans for the residence and that he has a financial arrangement with Mr. and Ms. Saunders. COMMISSIONER COLEMAN MOVED TO EXCUSE Commissioner Heinrichs. The motion DIED FOR THE LACK OF A SECOND. VICE CHAIRPERSON HODGINS passed the gavel to Chairperson Heinrichs. Regular Session Closed. Public Hearing Opened: CHARLES SAUNDERS appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. The Commission discussed the topography of the lot and the effect of this condition. COMMISSIONER HODGINS MOVED TO AFFIRM the administrative decision dated December 5, 1989, to include the condition contained in the staff report dated November 20, 1989 as a condition of approval for Case S-89-039. CONDITION OF APPROVAL "Place a note on the final plat stating: The rear yard setback of Lots 14A and 15A, Block 7, Leite Addition shall be measured from the top of the high bank." The motion was seconded and FAILED by unanimous roll call vote. F) Case 5-90-001. Request for preliminary approval of the subdivision of Tract E, U.S. Survey 1682 creating Lots 1 through 10, Block 12, and Lots 1 through 27, Block 13, Woodland Acres Eighth Addition. (Len Grothe; Lee Russell) DUANE DVORAK indicated 94 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 opposing this request. Staff noted that the Kodiak Island Borough Engineering and Facilities Department had delivered lengthy comments regarding this proposed subdivision to the Community Development Department on January 17, KIBS226984 Page 8 of 12 P & Z Minutes: January 17, 1990 1990 and that these comments had been distributed to the Commission immediately prior to the beginning of the meeting. Community Development Department staff recommended approval of this request, subject to conditions. CHAIRPERSON HEINRICHS recessed the meeting to read the comments of the Kodiak Island Borough Engineering and Facilities Department. CHAIRPERSON HEINRICHS reconvened the regular meeting at 9:55 p. M. Regular Session Closed. Public Hearing Opened: LEE RUSSELL appeared before the Commission and expressed support for this request. CHAIRPERSON HEINRICHS provided Mr. Russell with a copy of the comments from the Kodiak Island Borough Engineering and Facilities Department. Public Hearing Closed. Regular Session Opened. The Commission and Mr. Russell, with input from Community Development Department staff, discussed the comments from the Kodiak Island Borough Engineering and Facilities Department. Mr. Russell agreed to waive the sixty (60) day requirement for plat approval so that the Commission and Mr. Russell could discuss the issues raised by the Kodiak Island Borough Engineering and Facilities Department at the Commission's January 24, 1990 worksession. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the subdivision of Tract E, U.S. Survey 1682, creating Lots 1 through 10, Block 12, and Lots 1 through 27, Block 13, Woodland Acres Eighth Addition; subject to the conditions of approval contained in the staff report dated January 6, 1990; and to adopt the findings contained in the staff report dated January 6, 1990 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat stating: "The front yard setback for Lots 2, 3, 6, and 7, Block 12; and Lot 15, Block 13, Woodland Acres 8th Addition, will be calculated from the rear lot lines of Lots 1, 4, 5, and 8, Block 12; and Lot 14, Block 13, Woodland Acres Subdivision 8th Addition as applicable." 2. The flag stems of Lots 2, 3, 6, and 7, Block 12, Woodland Acres Subdivision 8th Addition must be redesigned to comply with Borough Code or a variance must be obtained from the Planning and Zoning Commission prior to approval of the final plat. KIBS226985 Page 9 of 12 P & Z Minutes: January 17, 1990 3. The applicant is advised that this property may be under the jurisdiction of the U.S. Army Corps of Engineers. It is recommended that the applicant obtain a wetlands determination for the site from the U.S. Army Corps of Engineers prior to final approval of the plat. A narrative drainage plan for the site must be submitted to the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 4. A five (5) foot wide utility easement along the frontage of all lots created by this survey must be dedicated for the installation of utilities. 5. A ten (10) foot wide utility easement along the common boundary with Blocks 6, 7, and 8, Woodlands Acres Subdivision shall be dedicated for the installation of utilities. 6. The "stem" of all flag stem lots contained in this subdivision shall be dedicated as utility easements to serve the respective lots. The motion DIED FOR THE LACK OF A SECOND. COMMISSIONER COLEMAN MOVED TO POSTPONE action on Case S-90-001 until the Planning and Zoning Commission meeting of February 21, 1990, to reschedule the case for another public hearing at that time, and to schedule the case for discussion at the Commission's January 24, 1990 worksession. I The motion was seconded and CARRIED by unanimous roll call vote. G) Case S-90-002. Request for preliminary approval of the subdivision of Lot 213, Block 1, Woodland Acres Subdivision creating Lots 213-1 and 213-2, Block 1, Woodland Acres Subdivision. 3695 Sunset Drive (Dennis and Wilma Cox) DUANE DVORAK indicated 26 public hearing notices were mailed and 1 was returned, opposing this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: WILMA COX appeared before the Commission. Ms. Cox had not received a copy of the staff report and was provided a copy by Chairperson Heinrichs. Ms. Cox stated that she would like to postpone action on this request until the next Planning and Zoning Commission regular meeting and that she waived the sixty (60) day requirement for plat approval. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE action on Case S-90-002 until the Planning and Zoning Commission meeting of February 21, 1990 and to reschedule the case for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226986 Page 10 of 12 P S Z Minutes: January 17, 1990 VIII. OLD BUSINESS There was no old business. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Memorandum dated December 22, 1989 to "file" from Bob Scholze, re: Lot 16, Tona Subdivision - Compliance schedule. B) Memorandum dated December 27, 1989 to "Distribution list" from Duane Dvorak, re: Fourth (4th) draft of proposed revisions to Title 16 (Subdivision). C) Letter dated January 4, 1990, from Nelda Warkentin, Alaska Department of Community and Regional Affairs, re: Planning Commission Training (with attachment) D) Flier, re: In the search of excellence seminar. E) Letter dated January 10, 1990, to Dale Stratton from Bob Scholze, re: Lot 1, Block 2, Mountain View 1st Addition - 2543 Monashka Bay Road - Illegal dwelling units (two travel trailers). There were no further communications. XI. REPORTS COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report. B) Community Development Department Plat Activity Report. There were no further reports. XII. AUDIENCE COMMENTS r - SCOTT ARNDT appeared before the Planning and Zoning Commission. Mr. Arndt and the Commission discussed postponement of Case S-90-001. There were no further audience comments. XIII. COMMISSIONERS' COMMENTS COMMISSIONER COLEMAN stated that conflict of interest involved "substantial" financial interest and that he felt Mr. Heinrichs' vote would not be influenced even by "substantial" financial interest. KIBS226987 Page 11 of 12 P & Z Minutes: January 17, 1990 CHAIRPERSON HEINRICHS responded that he preferred these issues to be in the public record. CHAIRPERSON HEINRICHS stated that only four (4) Commissioners were present at the recent joint worksession with the Assembly and that such a poor turn out of Commissioners had a negative impact. Chairperson Heinrichs r-- encouraged full Commission attendance at future joint worksessions. CHAIRPERSON HEINRICHS noted for the public record that he was disappointed at the undue and unpleasant pressure placed upon the applicant to withdraw Case 90-004. XIV. ADJOURNMENT CHAIRPERSON HEINRICHS adjourned the meeting at 9:45 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By:..� Robin Heinrichs, Chairperson ATTEST By: Patricia Miley, a etary Community Deve opment Department DATE APPROVED: February 21, 1990 Page 12 of 12 P & Z Minutes: January 17, 1990