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1993-12-15 Regular MeetingI. II. III IV. V. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 15, 1993 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. by Chair Jody Hodgins on December 15, 1993 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Chair Jon Aspgren Tuck Bonney Jerrol Friend Clay Koplin Pat Szabo Commissioners Absent: None A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Jennifer Dannewitz, Secretary Community Development Dept. Staff reported the following additions to the agenda: B) Letter dated December 1, 1993 to Ben Hancock, Attorney, from Joel Bolger, Borough Attorney, RE: William and Teresa Bishop, parking violation. C) Letter dated December 9, 1993 to Kodiak Livestock Cooperative, from Bob Scholze, Associate Planner- Enforcement/KIB, RE: Illegal Dwelling on Lot 3, Block 4, Tract A, Bells Flats Subdivision. COMMISSIONER SZABO MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the November 17, 1993 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. P & Z Minutes: December 15, 1993 Page I of 12 1'Z VI. PUBLIC HEARINGS A) Case 93-069. Request for a variance from Section 17.17.050 A.1 (Yards) of the Borough Code to permit a single family residence to extend no more than 12 feet into the 25 foot front setback on a lot in the RR1--Rural Residential One Zoning District. Lot 10B U.S. Survey 3103, 3355 Peninsula Road. DUANE DVORAK indicated 20 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to two (2) conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO GRANT a variance from Section 17.17.050 A. I. (Yards) of the Borough Code to permit a single family residence to extend no more than 12 feet into the 25 foot front setback on a lot in the RR1--Rural Residential One Zoning District, subject to the conditions of approval contained in the staff report dated November 30, 1993; and to adopt the findings contained in the staff report dated November 30, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The variance is limited to the 35 foot by 55 foot building footprint as indicated on the site plan submitted by the applicant. Any change or further development within any setback will require a new variance review by the Planning and Zoning Commission. 2. A parking plan indicating the location of three (3) off- street parking spaces will be submitted for review at the time zoning compliance is requested. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district The exceptional physical conditions applicable to this lot which are not applicable to other lots in the same land use district is the nonconforming lot area and odd shape. This lot design was approved by the Commission in a subdivision review (Case VS-85-053) and a variance was granted at that time for the lot area, which is less than the 20,000 square feet normally required for a lot in the P & Z Minutes: December 15, 1993 Page 2 of 12 1 -� � RR1--Rural Residential One zoning district. The variance was granted in recognition of the unplatted roadway that bisected the original Lot 10 into two unequal parts. The Commission felt that it was important to make provision for a road right-of-way by creating an easement on the plat. The result left Lot lOB with its odd shape and .— nonconforming area. The topography of the lot was not a prime concern at the time of the subdivision. While topography is probably not an insurmountable obstacle to development in this case, it is a physical feature compounded by the exceptional conditions noted above. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Due to the exceptional conditions noted above, denial of the variance would constitute a practical difficulty and unnecessary hardship to the property owner. It does not appear that the increased cost of development to meet the 25 foot front setback is reasonable. The full 25 foot setback would make the residential development of Lot lOB impractical. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health safety and welfare. The granting of the variance will not materially damage or prejudice other properties in the vicinity. Adequate setback (13 feet) from the front lot line will be maintained. An overall setback in excess of 28 feet will still exist between the proposed dwelling and Peninsula Road. Many other homes in the RR1--Rural Residential One zoning district, particularly in the Monashka Bay area, do not meet the required setbacks of the zoning district. This is due to a number of factors including topography, the necessity to accommodate on -site water and sewer systems and development that occurred before zoning setbacks were uniformly enforced. The development of this dwelling will meet all other zoning and building code requirements applicable to a residence of this type. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The comprehensive plan identifies this area for Medium Density Residential development. The variance is consistent with this plan designation. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. P & Z Minutes: December 15, 1993 Page 3 of 12 1.1S The applicant did not cause special conditions or financial hardship from which relief is sought by variance. The Commission will decide this request before the applicant initiates any construction on the proposed project. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family dwellings are a permitted use in the RR1-- Rural Residential One zoning district. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 93-070. Request for a variance from Section 17.57.040 A. and 17.57.080 G. (Off -Street Parking) of the Borough Code to permit a portion of the required off-street parking and maneuvering to be located on adjacent property. Tract A, ATS 1408 (Generally located in Gibson Cove). DUANE DVORAK indicated 6 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT a variance from Sections 17.57.040 A, and 17.57.080 G. (Off -Street Parking) of the Borough Code to permit a portion of the required off-street parking and maneuvering to be located on adjacent property from a proposed fishmeal plant to be located on Tract A, ATS 1408, and adjoining Tract B, ASLS 89-10, per the site plan dated December 2, 1993, including the future additions shown thereon, and to adopt the findings contained in the staff report dated December 2, 1993 as "Findings of Fact" for this case. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district The exceptional physical circumstance is the existence of Brown Algae in the Gibson Cove area which also affects Alaska Tideland Tract 1408. As a result of this algae, the land owner is not permitted to fill the tideland tract to the extent necessary to provide off-street parking for the P & Z Minutes: December 15, 1993 Page 4 of 12 1,16 planned fishmeal plant. The algae in Gibson Cove is dependent on the unrestricted flow of tidal seawater. Other shoreline parcels away from Gibson Cove have no restrictions on their fill permit requests due to Brown Algae. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The new fishmeal plant cannot be reduced in size and still fulfill the function for which it is intended. Strict application of the parking code would require 24 off- street parking spaces to be located on the same lot as the fishmeal plant. The plant layout cannot be altered to provide additional parking area and still remain functional. This would be an unnecessary hardship since there really is no other location suitable for the fishmeal plant along the Kodiak shoreline. Strict application of the zoning ordinance would kill this project for all practical purposes. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health safety and welfare. Other properties in the vicinity will not be damaged or prejudiced by the granting of this variance. The existing fishmeal plant has been operating in the vicinity for many years. The proposed fishmeal plant is designed to eliminate many of the off -site impacts associated with the existing plant and is designed to be consistent with all applicable environmental regulations. The new fishmeal plant will eliminate the odors commonly associated with the use of the existing plant. This is a direct benefit to the public. Part of the purpose of the plant is to utilize fish parts that cannot be otherwise disposed of in a cost-effective manner, due to current regulation of the processing industry by EPA and other government agencies. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of the variance will not be contrary to the objectives of the comprehensive plan which generally designates this area for heavy industry. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. The Commission will decide P & Z Minutes: December 15, 1993 Page 5 of 12 (.)7 this request before any action will be taken to initiate this project. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The tract is zoned I --Industrial which is the appropriate zone for a fishmeal plant. Granting the variance will not permit a prohibited land use in the I --Industrial zoning district. The motion was seconded and CARRIED by unanimous roll call vote. C) Case 93-071. Request for a rezone, in accordance with Section 17.72.030 C. of the Borough Code, of Lots 1-6, Block 1, Lakeside Subdivision, from I --Industrial to LI--Light Industrial. 2102, 2166, 2234, 2310, 2406, 2478 Selief Lane. DUANE DVORAK indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended that the Commission forward this request to the Borough Assembly with a recommendation for approval. Regular Session Closed. Public Hearing Opened: Jack McDonald, Chief of the City of Kodiak Police Department, appeared before the Commission to answer any questions concerning Cases 93-071 and 93-072. The Commissioners had no questions. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone, in accordance with Section 17.72.030 C. of the Borough Code, of Lots 1-6, Block 1, Lakeside Subdivision, from I --Industrial to LI- -Light Industrial; and to adopt the findings of fact contained in the staff report dated November 30, 1993 as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a change or Amendment. The rezone of this property adjacent to the Kodiak Municipal Airport, from I --Industrial to the LI--Light Industrial zoning district is necessary and justified because the LI--Light Industrial zoning district permits development that: A. is consistent with the development trends in the area; P & Z Minutes: December 15, 1993 Page 6 of 12 ( i 8 B. is suitable for the property as a whole, given the physical characteristics and location of the lots; C. will not create any nonconforming land uses; D. is consistent with the existing and anticipated future development of this area. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan, The 1991 Lakeside Subdivision/Safeway Subarea Plan indicates this area for General Business. The proposed LI--Light Industrial zoning district evolved directly from the efforts of the Commission to develop a new "General Business" zone to implement the plan designation. As a result, this zoning change is consistent with the objectives of the plan. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 93-072. Request for a conditional use permit in accordance with Section 17.27.040 B. (Conditional Uses) of the Borough Code, to permit a proposed public safety/correctional facility to be located on Lots 1-6, Block 1, Lakeside Subdivision. 2102, 2166, 2234, 2310, 2406, 2478 Selief Lane. DUANE DVORAK indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to two (2) conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KOPLIN MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.27.040 B. (Conditional Uses) of the Borough Code, to permit a proposed public safety/correctional facility to be located on Lots 1-6, Block 1, Lakeside Subdivision; subject to the conditions of approval contained in the staff report dated November 30, 1993, and to adopt the findings contained in the staff report dated November 30, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. A site plan review by the Kodiak Island Borough Planning and Zoning Commission is required of all site plans, parking plans, etc., prior to the issuance of a zoning compliance permit for this project. The Commission reserves the right to place reasonable P & Z Minutes: December 15, 1993 Page 7 of 12 ( ,-q conditions of approval on the development proposal, as it deems necessary, when the review is conducted. 2. This CUP is subject to approval of related rezone request 93-071. This CUP becomes effective only upon the adoption by the Borough Assembly of a rezone to Light Industrial for Lots 1 - 6, Block 1, Lakeside Subdivision. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Given the prevailing zoning of the surrounding area for industrial and commercial uses and the separation from residential areas by Lot 7, Block 1, Lakeside Subdivision, it does not appear that the project will have any negative effect on the value, spirit, character and integrity of the surrounding area. This approval will be subject to a future plan review by the Planning and Zoning Commission which reserves the right to consider appropriate conditions of approval, if applicable, at the time such review occurs. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. This can only be answered at the time a plan is presented for review by the Planning and Zoning Commission. The City of Kodiak will have plans developed by an architectural firm once the project has been approved and funded by the State of Alaska. These plans will be developed in accordance with the codes and regulations in effect at that time, subject to Commission review prior to the issuance of zoning compliance. The Commission reserves the right to place reasonable conditions of approval on this project at the time of this review to ensure compliance with this provision of the CUP. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The granting of the CUP will not be harmful to the public health, safety, convenience and comfort. The Community is in dire need of new public safety and jail facilities. This project will improve the ability of the police department to meet the public safety needs of the community. All structures proposed for development as a result of this CUP will be reviewed by the Commission and the Building Officials to ensure that the development is consistent with all applicable zoning, building and fire safety codes in effect at the time of review. 4. The sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. P & Z Minutes: December 15, 1993 Page 8 of 12 120 The LI--Light Industrial zoning district does not have any setback requirements, however, the building code regulates setback of structures by requiring a higher firewall rating for structures that are built close to, or on the lot line. When the Commission reviews the site plan for this project, it will have the option of applying reasonable screening, setback or other conditions that it feels are necessary to ensure compliance with the provision of this CUP. The motion was seconded and CARRIED by unanimous roll call vote. E) Case S93-034. Request for preliminary approval of the vacation of Lots 3F and 3G, Block 2, Bells Flats Alaska Subdivision (Revised and postponed from the November 17, 1993 regular meeting). DUANE DVORAK indicated 50 public hearing notices were mailed for this case and none were returned. Staff originally recommended approval, subject to conditions. However, due to lack of information especially from the Department of Environmental Conservation, staff recommended postponement of this case and rescheduling for another public hearing at the January 19, 1994 regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO POSTPONE action on Case S93-034 until the January 19, 1994, regular meeting, and to reschedule the case for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. F) Case S93-036. Request for preliminary approval of the subdivision of Lot 7, U.S. Survey 3099, creating Lots 7A & 7B, U.S. Survey 3099, and defining the Cutoff Road right-of-way and utility easement. 2625 Spruce Cape Road, DUANE DVORAK indicated 28 public hearing notices were mailed for this case and one was returned, stating non - objection to this request. Staff originally recommended approval of this request, subject to conditions. However, the applicant has requested postponement in order to redesign the subdivision. Staff therefore recommended postponement of this case and rescheduling to the January 19, 1994 regular meeting. P & Z Minutes: December 15. 1993 Page 9 of 12 131 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. -- Regular Session Opened. COMMISSIONER BONNEY MOVED TO POSTPONE action on Case S93-036, and to reschedule the case for another public hearing at the January 19, 1994 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. G) Case S93-037. Request for preliminary approval of the subdivision of Tract A, U.S. Survey 1671, creating Tracts A-1 & Tract E, U.S. Survey 1671. Generally located at Pleasant Harbor, on Spruce Island, north of Kodiak Island. DUANE DVORAK indicated 8 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT preliminary approval of the subdivision of Tract A, U.S. Survey 1671, creating Tracts A-1 and Tract E, U.S. Survey 1671; and to adopt the findings contained in the staff report dated November 30, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. P & Z Minutes: December 15, 1993 Page 10 of 12 13.1, VIII. NEW BUSINESS A) Case 93-073. Request for proposed amendments to Chapter 17.12.040 (Conditional Uses) of the NU --Natural Use District of the Borough Code, to add parks, including related equipment, facilities, and structures as conditional uses in the zoning district, borough wide. Linda Freed indicated that no individual public hearing notices were mailed out for this case. However, the proposed code change was advertised in the paper. Staff recommended approval of this request. The Commission discussed the need for the proposed changes, asking several questions of staff. Commissioner Koplin, Planning and Zoning representative on the Parks committee provided the Commission with some background information. COMMISSIONER SZABO MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the changes to the NU --Natural Use Zoning District recommended by the Parks and Recreation Committee The motion was seconded and CARRIED by unanimous roll call vote. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS Staff reported on the status of the KIBCMP revision project and noted the date of upcoming Commission meetings and the topics to be discussed. Staff also thanked Clay Koplin and Jody Hodgins for all their hard work on the Commission. They will be truly missed XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS The remaining Commissioners all expressed their thanks to Commissioners Koplin and Hodgins. XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 8:05 p.m. P & Z Minutes: December 15, 1993 Page 11 of 12 133 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION I ATTEST By: Jennifer Dannewitz, Secittary Community Development Department DATE APPROVED: January 19, 1993 P & Z Minutes: December 15, 1993 Page 12 of 12 l i y