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1993-08-18 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -AUGUST 18, 1993 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Jody Hodgins on August 18, 1993 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Chair Jon Aspgren Tuck Bonney Jerrol Friend Clay Koplin Tom Peterson 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. Eileen Probasco, Secretary Community Development Dept. Staff reported the following changes to the agenda: ADDITIONS IX COMMUNICATIONS A) Letter dated July 21, 1993 to Gerald Markham from Bob Scholze, RE: Compliance achieved on Lot 3B, Block 2, Allman Addition. B) Newspaper Article from August 5, 1993 Anchorage Daily News, RE: New zoning enforcement practices in Anchorage. C) Letter dated August 10, 1993 to Jerome Selby, Mayor, from Tom Peterson, Commissioner, RE: Resignation from Commission. D) Letter dated August 16, 1993 to Jody Hodgins, Commissioner, from Walter E. Johnson, City of Kodiak P & Z Minutes: August 18, 199ka" Page 1 of 12 E7 Mayor, RE: Joint City Council/Planning and Zoning Commission meeting. E) Letter dated August 17, 1993 to Tony Perez from Bob Scholze, RE: Clean-up on Lot 1, Tona Subdivision. DELETIONS VANEVI'v 5l 163 :� �� A) Community Development Department Monthly Status Report COMMISSIONER FRIEND MOVED TO ACCEPT the agenda with the changes reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO pointed out a correction that needed to be made on page 13 of the July 21, 1993 minutes. The change was noted by the secretary. COMMISSIONER SZABO MOVED TO ACCEPT the minutes, as corrected, of the July 21, 1993 Planning and Zoning Commission regular meeting. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. VI. PUBLIC HEARINGS A) Case 93-059. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Lots 7-12B, Block 1, Island Lake Subdivision, from R 1 --Single-family Residential to B--Business. 646 Island Lake Road and 3115 - 3189 Arctic Tern Road. DUANE DVORAK indicated 35 public hearing notices were mailed for this case and 2 were returned, 1 opposing and 1 stating non -objection to this request. Staff recommended denial of this request. t-- Regular Session Closed. Public Hearing Opened: Theresa Baker, nearby property owner, appeared before the Commission and expressed opposition to this request. Mike Sweeney, nearby property owner, appeared before the Commission and expressed concern for the long term implications of establishing businesses in this mostly residential neighborhood. He stated that he wasn't necessarily against business zoning, but that if it did occur, he would be P & Z Minutes: August 18, 19941 Page 2 of 12 6 concerned that it be developed in an appropriate manner, in relation to the neighboring homes. Pam Laudert, nearby property owner, appeared before the Commission and expressed opposition to this request. Jim Brighenti, owner of Lot 9 in the proposed rezone area, appeared before the Commission and expressed opposition to this request. Tom Emerson, owner of Lot 10 in the proposed rezone area, appeared before the Commission and stated that he was originally in favor of rezoning to B--Business because he builds aluminum skiffs as a hobby in his garage. He wanted to make sure he could continue to do this without violating any zoning codes. He also stated that he enjoyed the neighborhood characteristic of the Island Lake Subdivision and did not necessarily want to change that, and that perhaps R2 zoning might be more appropriate if rezoning were considered. He stated that under the present home occupation code, he could still pursue his skiff building as a hobby. Kristin Stahl -Johnson, owner of Lot 12A in the proposed rezone area, appeared before the Commission and expressed opposition to this request. Lorna Arndt, agent for the applicant, appeared before the Commission and expressed support for this request. She felt that B--Business zoning was consistent with the rest of the Island Lake area, however, if the Commission would not consider B--Business zoning, they should at least consider R-2-- Two Family Residential zoning. Mike Sweeney appeared again and stated that he would be more agreeable to a rezone to R2. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO FORWARD this request to the Borough Assembly, according to Section 17.72.030C, of the Borough Code, recommending the rezone of Lots 7-12B, Block 1, Island Lake Subdivision, from R 1 --Single-family Residential to B--Business. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER FRIEND MOVED TO ADOPT the findings contained in staff report dated August 3, 1993 as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. i P & Z Minutes: August 18, 1990 Page 3 of 12 69 A rezone from R1--Single-family Residential to B-- Business is not needed and not justified because the existing R1--Single-family Residential zoning district permits development that: A. is consistent with the type of development indicated for this area in the comprehensive plan; B. will not increase the nonconformity of existing nonconforming lots; C. will not create any nonconforming uses in the rezone area; and, D. will not increase the potential traffic in the area. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from R 1 --Single-family Residential to B--Business on Lots 7 - 12B, Block 1, Island Lake Subdivision, is not consistent with the 1968 comprehensive plan. Before a zoning change to provide additional commercial area near Island Lake is considered, the surrounding Island Lake community should be consulted through a planning process to determine the needs, and desires of the other landowners. Only if it is the consensus of the landowners in the area that expanding commercial zoning is desirable, as expressed through the comprehensive planning process, should the Commission consider changing the zoning of a long established residential area. The MOTION was seconded and CARRIED by unanimous roll call vote. B) Case S93-020. Request for preliminary approval of the creation of Tract C-1, U.S. Survey 2735, from a portion of Tract C, U.S. Survey 2735 and a portion of Section 28, T29S, R20W, Seward Meridian. 22261 Chiniak Highway. DUANE DVORAK indicated 9 public hearing notices were mailed for this case and none were returned. Staff recommended granting preliminary approval of this request, subject to only one condition, since the first suggested condition of approval in the staff report had already been met. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. P & Z Minutes: August 18, 199A I Page 4 of 12 70 COMMISSIONER BONNEY MOVED TO GRANT preliminary approval of the creation of Tract C-1, U.S. Survey 2735, from a portion of Tract C, U.S. Survey 2735 and a portion of Section 28, T29S, R20W, Seward Meridian, subject to the conditions of approval contained in the staff report dated August 3, 1993, and to adopt the findings contained in the staff report dated August 3, 1993 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Applicant must have a surveyor certify that the septic system and drainfield for the "old Rendezvous" do not encroach on Tract C-1, or, if an encroachment does exist, to provide for appropriate easements or relocation of the encroachments at the applicant's discretion. 2. Provide a calculation for the area of the remainder of Tract C on the final plat. 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. COMMISSIONER PETERSON MOVED TO AMEND THE MAIN MOTION to delete condition of approval number 1. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. C) Case S93-021. Request for preliminary approval of the subdivision of Tracts 19A and 19B, U.S. Survey 2539, creating Lots 1-22, Seaview Subdivision. 7848 and 8444 Rezanof Drive West. DUANE DVORAK indicated 12 public hearing notices were mailed for this case and 1 was returned from the U.S. Coast Guard, identifying the limited availability of utilities to this subdivision. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: P & Z Minutes: August 18, Mi.? Page 5 of 12 71 I.G. Bergee, agent for the applicant, appeared before the Commission and expressed support for this request, and answered the questions asked by the Commission concerning drainage, and DOT approval for the proposed access to the lots, stating that these were also UBC requirements, and would be addressed when development began on these lots. Public Hearing Closed. Regular Session Opened. COMMISSIONER PETERSON MOVED TO GRANT preliminary approval of the subdivision of Tracts 19A and 19B, U.S. Survey 2539, creating Lots 1-22, Seaview Subdivision, subject to the conditions of approval contained in the staff report dated August 3, 1993, and to adopt the findings contained in the staff report dated August 3, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Locate the water line serving adjoining dock facilities and provide for an appropriate easement if the water line crosses any portion of this subdivision. 2. Locate any structural developments that may be in the right-of-way easement, if any, and provide a letter of non - objection from DOT/PF for those structures prior to final approval of the plat. 3. Provide documentation of the intent of the right-of-way easement regarding its use for utility distribution or transmission lines prior to final approval of the plat. If necessary, provide appropriate easements for any existing or proposed utility installations. 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. D) Case S93-022. Request for preliminary approval of the vacation of Lots 1813-1 and 1813-2, U.S. Survey 3100, and replat to Lot 18C, U.S. Survey 3100. 3260 and 3266 Spruce Cape Road. DUANE DVORAK indicated 20 public hearing notices were mailed for this case and 2 were returned, 1 from the owner of P & Z Minutes: August 18, 199v.7• Page 6 of 12 7X Lot 18A stating non -objection to the lot line vacation but that they were in the process of building and would be using the utility easement through Lot 1813-1, and 1 letter from the contractor referencing the fact that the affected property owners would be negotiating the utility easement. Staff recommended preliminary approval of this lot line vacation request, and postponement of the utility easement vacation until the September 15, 1993 regular meeting. Regular Session Closed. Public Hearing Opened: Everett Stone appeared before the Commission and expressed non -objection to combining the two lots, but, as the owner of Lot 18A, they planned on utilizing the sewer easement through Lot 1813-1 for their new home now under construction. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the vacation of Lots 1813-1 and 18B-2, U.S. Survey 3100, and replat to Lot 18C, U.S. Survey 3100, and to adopt the findings contained in the staff report dated August 3, 1993 as findings of fact for this vacation request, and to postpone the vacation of the sewer easement between Lots 1813-1 and 1813-2 until the September 15, 1993 regular meeting when the request will be re -advertised and another public hearing scheduled. 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. E) Case S93-024. Request for preliminary approval of the .-- subdivision of Lot 1, Block 2, S.E. Addition creating Lots 1A & 1B, Block 2, S.E. Addition. 1213 West Kouskov Street. DUANE DVORAK indicated 31 public hearing notices were mailed for this case and 2 were returned, 1 opposing and 1 stating non -objection to this request. Staff recommended preliminary approval of this request, subject to one condition. Regular Session Closed. Public Hearing Opened: P & Z Minutes: August 18, 199 f 3 Page 7 of 12 73 Merle Powell, nearby property owner, appeared before the Commission and expressed opposition to this request. Guy Powell, nearby property owner, appeared before the Commission and expressed opposition to this request. He was concerned about the marginal lots which would result, and running the utilities through the green belt between Kouskov and Father Herman Street. Colleen Caulfield, adjacent property owner, appeared before the Commission and expressed opposition to this request. She was concerned about the marginal lots which would result, increased traffic, and expressed her desire to maintain slightly larger lots in the neighborhood. Beryl Torsen, nearby property owner, appeared before the Commission and expressed opposition to this request. Bill Guy, adjacent property owner, appeared before the Commission and expressed opposition to this request. He was concerned about the marginal lots which would result, for increased traffic, and expressed his desire to maintain the slightly larger lots in the neighborhood. He said he felt that the buildable area on the lots might not be shown accurately on the preliminary plat. Public Hearing Closed. Regular Session Opened. There was discussion among the Commissioners about the fact that the proposed subdivision met the minimum code requirements, but there was some reservations about the subdivision because of the public testimony presented. LINDA FREED pointed out Section 16.40.050 of the Borough Code which gives the Commission the ability to use some discretion to deny proposed subdivisions that might meet code requirements, if they felt the subdivision might not be appropriate for that area. COMMISSIONER KOPLIN MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Block 1, S.E. Addition creating Lots lA & 1B, Block 1, S.E. Addition, subject to one conditions of approval, and to adopt the findings contained in the staff report dated August 3, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Resolve the driveway encroachment on Lot lA by platting an easement, removing the encroachment or providing for an alternative solution, prior to final approval of the plat. FINDINGS OF FACT P & Z Minutes: August 18, 199k Page 8 of 12 ./ Y 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 FAILED by a roll call vote of 2- 5. COMMISSIONERS BONNEY, HODGINS, PETERSON, SZABO, and ASPGREN voted no. Findings of fact were postponed until the September 15, 1993 regular meeting. F) Case 93-058. Proposed amendments to Chapters 17.13 (C-- Conservation) and 17.14 (RD--Rural Development) of the Borough Code. LINDA FREED indicated that notice of this public hearing was published in the local newspaper and that an extensive mailing list had been established to notify anyone requesting to be notified of the public hearing dates concerning these proposed code changes. Staff had recommended that if the Commission was satisfied with the proposed changes, they forward the changes to the Assembly. However, several requests were received requesting postponement of the revisions to allow those people out-of-town fishing, sufficient time to participate in the public hearing process. Regular Session Closed. Public Hearing Opened: Tony Drabek, representing Natives of Kodiak, appeared before the Commission and requested this case be postponed until September to allow for further public input. Jeff Knauf, owner of a previously rezoned RD parcel, appeared before the Commission and requested this case be postponed until September to allow for further public input. Mitch Hull, owner of a previously rezoned RD parcel, appeared before the Commission and requested this case be postponed until September to allow for further public input. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO POSTPONE action on proposed revisions to the C--Conservation and RD--Rural Development Zoning Districts, and schedule the case for another public hearing at the September 15, 1993 regular meeting. P & Z Minutes: August 18, 19913 Page 9 of 12 73 The motion was seconded and CARRIED by unanimous roll call vote. G) Case 90-075. Proposed amendments to Chapter 17.26 (Mobile Home Parks) of the Borough Code (Postponed from the June 16, 1993 regular meeting). DUANE DVORAK indicated that the proposed code changes were mailed to all local mobile home park owners, and that a worksession was scheduled for August 25, to further discuss these proposed changes. Notice was also published in the local newspaper. Staff recommended postponement of this request until the September 15, regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO POSTPONE action on Case 90-075, pending the work session scheduled on August 25, 1993, to discuss the proposed code changes for mobile home parks with mobile home park owners, and reschedule this case for another public hearing at the September 15, 1993 regular meeting. The motion was seconded and CARRIED by a roll call vote of 6-1. COMMISSIONER PETERSON voted no. H) Proposed amendments to Titles 16 and 17 of the Borough Code relating to the Waiver procedure. DUANE DVORAK indicated several advertised worksessions have been held concerning these proposed amendments, involving local surveyors and native corporations. Staff recommended postponement of this case until the September 15, 1993 regular meeting to allow the Borough Attorney the opportunity to comment on the proposed amendments. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO POSTPONE action on the proposed amendments to Titles 16 and 17 of the Borough Code relating to the subdivision waiver procedure and reschedule the regulation changes for another public hearing at the regular meeting on September 15, 1993. P & Z Minutes: August 18, 199pp Page 10 of 12 % 6 The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated July 21, 1993 to Gerald Markham from Bob Scholze, RE: Compliance achieved on Lot 3B, Block 2, Allman Addition. B) Newspaper Article from August 5, 1993 Anchorage Daily News, RE: New zoning enforcement practices in Anchorage. C) Letter dated August 10, 1993 to Jerome Selby, Mayor, from Tom Peterson, Commissioner, RE: Resignation from Commission. D) Letter dated August 16, 1993 to Jody Hodgins, Commissioner, from Walter E. Johnson, City of Kodiak Mayor, RE: Joint City Council/Planning and Zoning Commission meeting. E) Letter dated August 17, 1993 to Tony Perez from Bob Scholze, RE: Clean-up on Lot 1, Tona Subdivision. There were no further communications. X. REPORTS There were no reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER PETERSON mentioned that he had accepted a job in Anchorage and this would be his last meeting with the Planning and Zoning Commission. He expressed his thanks to CHAIR HODGINS and the rest of the Commission for their dedication and hard work during his term as a Commissioner. The COMMISSIONERS expressed their regret at seeing COMMISSIONER PETERSON leave, but wished him their best in his new job and thanked him for the time he spent on the Commission. P & Z Minutes: August 18, 199is Page 11 of 12 77 r— XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 9:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: (z PA�"— Eileen Probasco, Secretary Community Development Department DATE APPROVED: September 15, 1993 P & Z Minutes: August 18, 1943 Pace 12 of 12 9 Y