Loading...
1996-05-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 15, 1996 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Friend on May 15, 1996 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Jerrol Friend, Chair Donna Bell David Neshiem Clarence Selig Marty Shuravloff Darlene Turner Commissioners Absent: Roberta Scheidler - Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER TURNER MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING Staff pointed out that there were two sets of minutes before the Commission for approval. COMMISSIONER NESBEIM MOVED TO ACCEPT the minutes of the March 20, 1996 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: May 15, 1996 Page 1 of 10 COMMISSIONER SELIG MOVED TO ACCEPT the minutes of the April 17, 1996 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 96-007. Planning and Zoning Commission determination, in accordance with Section 17.03.090 B (Similar Uses) of the Borough Code, that a six (6) unit apartment complex is similar in character and impact to the conditionally permitted dormitory use in the PL-Public Use Land Zoning District, and a conditional use permit, according to Section 17.33.030C (Conditional Uses) of the Borough Code, to permit a six unit apartment complex, (for the purpose of providing temporary housing accommodations for visiting workers at the Near Island Research Facility) to be located on a portion of Tract B, U.S. Survey 4947, generally located on Near Island. (postponed from the April 17, 1996 regular meeting). BOB SCHOLZE indicated no public hearing notices were mailed for this case this month as the Engineering/Facilities staff indicated that they had not yet received the necessary information to process this request, and requested postponement until the June, 1996 regular meeting. Staff recommended postponement of this request. CONAGS SIONER BELL MOVED TO POSTPONE ACTION on Case 96-007, and to schedule it for another public hearing at the June 19, 1996 Planning and Zoning Commission regular meeting. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. P & Z Minutes: May 15, 1996 Page 2 of 10 B) Case 94-023. Planning and Zoning Commission review of the 1989 Gear Storage Task Force report. The Commission is considering forwarding the report to the Assembly urging them to adopt the report and implement the report's recommendations. (This is before the Commission as a result of two violations concerning commercial fishing gear storage on non -owner occupied RRI property, and a request by some community members to review the report). BOB SCHOLZE indicated 20 public hearing notices were mailed for this case and none were returned. Staff recommended that if the Commission supports implementation of the 1989 Report of the Gear Storage Task Force, they should forward it to the Assembly and the City Council urging adoption and implementation of the report's recommendations, highlighting recommendations determined to be a priority and recommending additional actions the Commission feels are appropriate. COMMISSIONER NESHEIM MOVED TO RECOMMEND that the Kodiak Island Borough Assembly work with the Kodiak City Council, to implement the 1989 Report of the Gear Storage Task Force recommendations. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Douglas Pengilly property owner in Island Vista Subdivision in Monashka Bay, appeared before the Commission and expressed concern about implementing certain portions of the report, particularly Part B, referencing temporary implementation. He did not feel that warehousing is compatible with residential development. He was also opposed to taking away the restriction of requiring an owner occupied lot when commercial fishing gear is present. Cathy Cordry, property owner in Island Vista Subdivision in Monashka Bay, appeared before the Commission and expressed concern about the allowance of accessory buildings for indoor storage of commercial fishing gear, on rural residential lots. She did not feel that warehousing was a residential use. She presented the Commission with a letter outlining her concerns. Ms. Cordry also requested that if more notices were mailed for this request, they should be mailed to all property owners of RRl and RR2 lots. Public Hearing Closed. Regular Session Opened. P & Z Minutes: May 15, 1996 Page 3 of 10 COMMISSIONER NESHEIM stated that he agreed with those testifying. He also felt that the two fishing gear storage violation cases currently on hold were similar to each other and should be treated the same. COMMISSIONER TURNER stated that she also agreed with those testifying, that commercial fishing gear storage was not compatible with residential neighborhoods. Upon request from CHAIR FRIEND, Linda Freed suggested that, if the Commission chose, it might be appropriate to postpone action on this request until the end of the fishing season. She explained that the two violation cases, for which enforcement action was suspended for six months as a result of Commission action, were scheduled as a result to be before the Commission at their July meeting. COMMISSIONER SELIG MOVED TO POSTPONE ACTION on this case until the September 1996 regular commission meeting. The motion was SECONDED and CARRIED by unanimous roll call vote. The Commission instructed staff, when this request was advertised for the September agenda, to advertise in the Borough newspage, possibly do a newspaper article, and to send public hearing notices to all RRl and RR2 property owners. C) Case 96-010. Planning and Zoning Commission investigation, in accordance with Section 17.72.030 A of the Borough Code, of the rezone of Lot 18C, Block 8, and all of Block 3, Leite Addition, and all of U.S. Survey 2873 from Rl-Single family residential to 112-Two family residential. All Rl zoned properties in Block 3, Leite Addition, and otherwise adjacent to Mission Road and northeast of 17th Avenue. BOB SCHOLZE indicated 97 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended postponement of this request to allow for further public input and also because, as pointed out at the worksession, the majority of lots in this proposed rezone area (21 of 35) are nonconforming for reason of containing less than the minimum (7,200 square feet) area or less than the minimum (60 ft.) width. According to KIBC Section 17.36 Existing Nonconforming uses and structures, only single-family dwellings can be erected on residential lots that fail to meet area and/or width requirements, regardless of zoning. In deliberating postponement the Commission may wish to do so until finalization of proposed code revisions to Chapter 17.36. Early drafts of those code revisions have proposed a change that would allow duplexes and multi -family dwellings on nonconforming lots in appropriate zoning districts if all P & Z Minutes: May 15, 1996 Page 4 of 10 other applicable setback and parking requirements can be met. This could potentially have implications for this rezone, since the analysis so far has largely been based on the restriction that would prohibit most of these properties from duplex development even if they were rezoned to R2. COMMISSIONER TURNER MOVED TO RECOMMEND that the Kodiak Island Borough Assembly rezone Lots 18C and 18D, Block 8, and all of Block 3, Leite Addition, and all of U.S. Survey 2873 from R.J.-Single family residential to R2-Two family residential. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: John Houser. property owner within the proposed rezone area, appeared before the Commission and expressed opposition to this request. He was concerned about additional traffic and about protecting the neighborhood character surrounding Potato Patch Lake. Mr. Houser was also concerned about the fact that the City sewer main bisected most of the lots along Mission Road, and about the impact maintenance or upgrade of the sewer line would have on these property owners if required to handle increased density. Public Hearing Closed. Regular Session Opened. COMMISSIONER SELIG MOVED TO POSTPONE action on Case 96-010 until completion of proposed code revisions to KIBC Chapter 17.36 (Existing nonconforming uses and structures), and to schedule it for another public hearing at that time. The motion was SECONDED and CARRIED by unanimous roll call vote. D) Case S92-019. Planning and Zoning Commission review of the revised plat of the subdivision of Lot 1, Block 9, Miller Point Alaska Subdivision, 1st Addition, creating Lots 1A, 1B, and 1C, dedication of a 5388 square foot right-of-way for pedestrian/bike access to the North Star Elementary School site, and elimination of one condition of approval, requiring the applicant to record an as -built drawing of the completed fill plan. 3341 Anton Way. LINDA FREED indicated 32 public hearing notices were mailed for this case and none were returned. Staff provided the Commission with a revised motion, suggesting preliminary approval of the revised plat, subject to the original P & Z Minutes: May 15, 1996 Page 5 of 10 conditions of approval, but allowing phased development of the lots. Staff felt that if approval is specifically granted to allow for phasing, the applicant would no longer need to request the elimination of the condition of approval, as each phase of the completed subdivision could meet all the conditions of approval. This would also allow the applicant to dedicate the proposed pedestrian/bike access to the Borough prior to finalization of the remainder of the plat, and the concerns of neighbors and ofKIB Engineering/Facilities staff could be addressed. COMMISSIONER SELIG MOVED TO APPROVE the revised preliminary plat of the subdivision of Lot 1, Block 9, Miller Point Alaska Subdivision, 1st Addition, including the dedication of 5388 square feet to the Lilly Way right-of-way, and to adopt the findings in the staff report dated May 3, 1996 as findings of fact for this case. This subdivision may be finalized in phases, with every phase required to meet all of the original conditions of approval. OF APPROVAL 1. Place the following note on the final plat: "Engineered foundation plan is required on all lots for building permit applications." 2. Final plat must comply with all KIB Code requirements (KIBC 15.04.055, regarding slope toe setbacks or cutbank setbacks). 3. The applicant must complete the requirements of the grading permit and exception (as follows): A. Fill design is to be engineered according to applicable Borough codes. B. Remove all fill materials which are not permitted by the engineered fill plan. C. Record an as -built drawing of the completed fill plan. 4. Plat a five (5) foot electrical utility easement along the entire frontage of this subdivision. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: P & Z Minutes: May 15, 1996 Page 6 of 10 Mike Anderson applicant, appeared before the Commission and expressed support l for this request. Andy Neslund, neighboring property owner, appeared before the Commission and stated that although he was not against dedication of the bike trail, he was concerned about the affect the fill to develop the lots of the subdivision would have on drainage onto the surrounding lots. He felt that phasing the subdivision might cause details, such as those listed in the conditions of approval, to be overlooked. He expressed opposition to deleting any conditions of approval and urged the Commission to look at "the big picture" and not to allow deviation from code requirements. Public Hearing Closed. Regular Session Opened. The Commission discussed the motion and agreed that it would be the best option to accommodate the applicant, while still taking into consideration the neighbor's concerns and building code requirements. The question was called and the motion CARRIED by unanimous roll call vote. E) Case S96-014. Request for preliminary approval of the vacation of Lots 1 and 2, U.S. Survey 2878, and replat to Lots lA and 2A through 211, U.S. Survey 2878. 29681 and 19685 Chiniak Highway. BOB SCHOLZE indicated 8 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. COMMISSIONER SHURAVLOF MOVED TO GRANT preliminary approval of the vacation of Lots 1 and 2, U.S. Survey 2878, and replat to Lots lA and 2A through 21-1, U.S. Survey 2878, subject to the conditions of approval contained in the staff report dated April 30, 1996, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL Provide a thirty (30) foot wide utility easement along the northeast lot line of proposed Lot 2C as requested by PTI and indicated. 2. Designate the proposed twenty (20) foot wide electrical easement along the Chiniak Highway on the northwest portion of proposed Lot 2F as a utility easement. P & Z Minutes: May 15,1996 Page 7 of 10 3. Develop the proposed sixty (60) foot wide access easement designated for the exclusive use and benefit of proposed Lots IA, 2D, and 2H as a private road according to Section 16.40.080, or, in the alternative, design flagstems to Lots 2D and 2H that will provide frontage on the Chiniak Highway according to K113C 16.40.050.B.8. 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 provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. VIL OLD BUSINESS There was no old business. VIIL NEW BUSINESS A) Election of Officers Ferrol Friend was elected as Chair David Nesheim was elected as Vice Chair B) Appointment of Parks and Recreation Committee Representative Darlene Turner was appointed as Parks and Recreation Committee Representative P & Z Minutes: May 15, 1996 Page 8 of 10 IX. COMMUNICATIONS COMMISSIONER TURNER MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. A) April 29, 1996 Horseshoe Lake Community Association Newsletter. B) Letter dated April 18, 1996 to John Rauwolf from Tom Bouillion, RE: Removal of junk and trailer on Puffin Drive right-of-way. C) Assembly Newsletter from May 2, 1996 regular meeting. There were no further communications. X. REPORTS Linda Freed reminded the Commission of the following worksession schedule: May 22 and 29 - Cancelled due to several Commissioners being out of town. June 5 - Horseshoe Lake/Selief Lane area field trip follow-up. June 26 - Non -conforming uses and structures, an additional worksession on this subject has been scheduled for September 26. Ms. Freed also reminded the Commission of the following comprehensive plans that they had been asked to review, in preparation for upcoming worksessions: Chiniak Comprehensive Plan Kodiak Urban Area Comprehensive Plan Lakeside/Safeway Sub Area Land Use Plan Monashka Bay Comprehensive Plan Near Island Comprehensive Plan Urban Islands Comprehensive Plan Womans Bay Comprehensive Plan COMMISSIONER TURNER MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was SECONDED and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. P & Z Minutes: May 15, 1996 Page 9 of 10 A XII. COMMISSIONERS' COMMENTS The Commissioners all welcomed Marry Shuravloff to the Commission. XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING CONI IISSI N Lo ATTEST By: q� P/L. Eileen Probasco, Secretary Community Development Department DATE APPROVED: June 19, 1996 Jerrol Friend, Chair P & Z Minutes: May 15, 1996 Page 10 of 10