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1997-04-30 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -APRIL 30, 1997 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission (rescheduled from April 16, due to lack of quorum) was called to order at 7:30 p.m. by Chair Friend on April 30, 1997 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Jerrol Friend - Chair Donna Bell Clarence Selig Darlene Turner Commissioners Absent: Suzanne Hancock- Excused Robbie Scheidler - Excused Walter Stewart - Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER TURNER MOVED TO ACCEPT the agenda as presented. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SELIG MOVED TO ACCEPT the minutes of the March 19, 1997 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. P & Z Minutes: April 30, 1997 Page 1 of 14 VI. PUBLIC HEARINGS A) Case 97-001. Planning and Zoning Commission determination, according to Section 17.36.050.0 (Non -conforming uses and structures), of the Borough Code, that an auto repair/welding shop the RI -Single Family Residential zoning district is equally appropriate to or more appropriate than a previously approved convenience store and video arcade located on Lot 23B, U.S. Survey 3099. 2657 Metrokin Way (Postponed from the January 24, February 19, and March 19, 1997 regular meetings). BOB SCHOLZE indicated 27 public hearing notices were mailed for this case this month and 8 were returned, 5 in favor of this request, and 3 opposing the request. Staff continued to recommend denial of this request, consistent with the 1994 Commission decision, which determined that a convenience store/video arcade was more consistent with Rl zoning than an automobile repair and welding shop. However, as a result of discussion at the packet review worksession on April 9, an alternate motion and conditions of approval were provided to the Commission for their consideration. CHAIR FRIEND read the motion currently on the floor, as follows: Move to find, in accordance with Section 17.36.050.0 of the Borough Code, that the use of the commercial structure on Lot 23B, U.S. Survey 3099, for an automobile repair and welding shop, is equal to, or more appropriate than the presently permitted nonconforming use, previously determined to be appropriate in the RI -Single family residential zoning district, of convenience store/video arcade. Regular Session Closed. Public Hearing Opened: Wayne Coleman, applicant, appeared before the Commission and requested approval of this request. He further requested elimination of all conditions suggested in the supplemental memorandum dated April 16, 1997, except for condition #3. Brad Smith_ owner of adjacent Lots 22A-22E, appeared before the Commission to express opposition to this request. He encouraged the Commission to move toward conformity with the RI zoning in the neighborhood and the comprehensive plan. Jamie Fagan, owner of adjacent Lot 23A, appeared before the Commission and stated that he agreed with Mr. Smith's comments. He felt, however, that the P & Z Minutes: April 30, 1997 Page 2 of 14 encroachment of the building on Lot 23B onto his lot was not a problem at this time, and agreed that it could be resolved whenever a subdivision of the lot was pursued. K,11hy Smith, co-owner of adjacent Lots 22A-22E, appeared before the Commission to express opposition to this request. She encouraged the Commission to uphold the zoning laws and move toward conformity with the RI development in the neighborhood and the Comprehensive Plan. Wayne Coleman appeared again and confirmed that he would also like to improve the area, and that he felt a well -run auto repair business could exist without having a negative impact on the neighborhood. The Commission asked about the history of the building and the intentions of the property owner with regard to the current business. At the Commission's questions, Mr. Coleman stated that the current occupant had been given an eviction notice and that he had no plans to re -occupy the building until he received this P&Z determination, and the appropriate permits. COMMISSIONER TURNER questioned Mr. Coleman and staff about the time frame in which the convenience store/video arcade ceased operation, and the automobile repair/welding shop business re -opened in the building. Mr. Coleman guessed that it had been at least two years since the store/arcade had vacated the structure. COMMISSIONER TURNER wondered if the discontinuance of the use of the building as a permitted nonconforming use, for more than one year, would have extinguished the grandfather rights altogether, in which case, the only current legal use of the property should be permitted Rl uses. BOB SCHOLZE responded that the time frame was a guess, at best, because no permits were obtained for the re -conversion back to the automobile repair/welding shop. Since it is not currently well defined in the code, the issue of "abandonment" would require a determination by the Borough Attorney. Public Hearing Closed. Regular Session Opened. The question was called and the motion FAILED by unanimous roll call vote. COMMISSIONER TURNER MOVED TO ADOPT the findings in the supplemental staff memorandum dated April 16, 1997 supporting denial, as findings of fact for Case 97-001. P & Z Minutes: April 30, 1997 Page 3 of 14 rFINDING OF FACT —DENIAL OF SIMILAR USE DETERMINATION 1. The storage and use of solvents, pressurized gas tanks, petroleum products, and perhaps paints and thinners associated with auto repair and welding is inconsistent with the description and intent of the RI -Single Family Residential Zoning district (KIBC 17.18.010), and would potentially create a greater safety risk and health hazard in a medium density residential neighborhood than would a convenience store/video arcade. 2. The potential for negative off -site impacts related to noise, odors, dust, and glare are greater with uses of a more industrial nature such as auto repair and welding than with uses of a more retail nature such as convenience store and video arcade, and for that reason, approval of this request would be in contradiction with the determination made by the Commission in March of 1994 (Case 94-012) regarding appropriate uses. The motion was seconded and CARRIED by unanimous roll call vote. B) Case S97-004. Request for preliminary approval of the vacation of Lot 4B (proposed), Block 1, and Lots 3 and 4, Block 2, Kadiak Alaska Subdivision, 1st Addition, and a portion of Perenosa Drive, and replat to Lot 413-1, Block 1, Kadiak Alaska Subdivision, 1st Addition, and Lots 1-6, Block 1 and Lots 1-19, Block 2, Trinity Islands Subdivision, and creating Sitkinak Drive and Tugidak Court (Postponed and revised from the March 19, 1997 regular meeting). 3405, 3410, and 3542 Perenosa Drive. BOB SCHOLZE indicated 64 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to conditions. COMMISSIONER SELIG MOVED TO GRANT preliminary approval of the vacation of Lot 4B (proposed), Block 1, and Lots 3 and 4, Block 2, Kadiak Alaska Subdivision, 1 st Addition, and a portion of Perenosa Drive, and replat to Lot 4B- 1, Block 1, Kadiak Alaska Subdivision, 1st Addition, and Lots 1-6, Block 1 and Lots 1-19, Block 2, Trinity Islands Subdivision, and creating Sitkinak Drive and Tugidak Court, subject to the six conditions of approval in the summary statement dated April 15, 1997, and to adopt the findings in the staff memorandum dated April 8, as "findings of fact" for this case. P & Z Minutes: April 30, 1997 Page 4 of 14 CONDITIONS OF APPROVAL 1. Dedicate fifteen (15) feet on each side of the lot line common to proposed Lots 7 and 8 of Block 2 creating a thirty (30) foot wide public right-of- way for future extension of sewer and water lines to loop the utility line with existing lines in Sharatin Way, as required by the City of Kodiak Code Sections 13.18.020 and 030. 2. Prior to final plat approval, provide written approval from the City of Kodiak Public Works and Engineering Departments that the design of the utility lines providing sewer and water to the proposed subdivision meets all City requirements, including considerations of pump station capacity. 3. Provide engineered road, grading and drainage plans, incorporating the standards for improvements contained in Chapters 16.70 and 16.80, for review and approval by the Borough Engineering/Facilities Department prior to construction of Sitkinak Drive and Tugidak Court, as required by K113C 16.70.010. 4. Proposed rights -of -way created will be dedicated in the final plat. 5. The applicant will provide the Borough Resource Management Officer ` evidence of title to parcels adjacent to the portions of Perenosa Drive to be vacated for purposes of determining appropriate conveyance of title of vacated right-of-way. 6. The applicant is responsible for drafting conveyance documents transferring vacated portions of the Perenosa Drive right-of-way to the adjacent land owners. FINDINGS OF FACT 1. This plat, with conditions, meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat, with conditions, 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. Q- The motion was SECONDED. P & Z Minutes: April 30, 1997 Page 5 of 14 Regular Session Closed. l Public Hearing Opened: Mike Anderson, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. C) Case 95-023. Planning and Zoning Commission review of proposed changes to Chapter 17.36 (Existing Nonconforming Uses and Structures) of the Borough Code (Postponed from the February 19, and March 19, 1997 regular meetings). BOB SCHOLZE indicated 18 public hearing notices were mailed for this case and two were returned, in favor of this request. Staff recommended forwarding these proposed code revisions to the Borough Assembly with a recommendation of approval. COMMISSIONER BELL MOVED TO FORWARD Draft #5, dated April 4, 1997, of the proposed changes to Chapter 17.36 (Existing Nonconforming Uses and Structures) of the Borough Code, to the Borough Assembly with a recommendation of approval. 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. D) Case 97-003. Request for a conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a municipal solid waste landfill and landfill access to serve the community of Karluk, in the C- ( Conservation zoning district. Generally located east of the community of Karluk. P & Z Minutes: April 30, 1997 Page 6 of 14 BOB SCHOLZE indicated 9 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. COMMISSIONER TURNER MOVED TO GRANT a request for a conditional use permit, in accordance with Section 17.67.050 (Conditional Uses) of the Borough Code, to permit a municipal solid waste landfill and landfill access, consisting of 32 acres, to serve the community of Karluk, in the C-Conservation zoning district, and to adopt the findings in the staff memorandum dated April 4, 1997 as findings of fact for this case. FINDINGS OF FACT 17 67 05 A That the conditional use will preserve the value, spirit character and integrity of the surrounding area. This conditional use permit will preserve the value, spirit, character and integrity of the surrounding area by ensuring that a landfill permitted by ADEC will serve the community of Karluk. The controls and safeguards that are required as a part of that permitting process are designed, to the extent feasible and prudent, to protect water quality, minimize impact on drainage, and restore natural vegetation. The site is in an area designated for the municipal landfill by the Karluk Comprehensive Plan. 17 67 05 B That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. According to the site plan and other supporting documentation, it appears that the conditional use will fulfill all other requirements of Chapter 17.13 of the Borough Code. The special district regulations for the C-Conservation zoning district (KIBC 17.30.090) concerning impacts on the natural environment and preservation of natural features are addressed by: 1.) design requirements minimizing access road excavation and erosion related to drainage; 2.) requirement to revegetate; 3.) collection of lechate for piping to disposal in the sewage lagoon; and 4.) diversion of surface water around the new landfill area to minimize effects on surface water runoff. 17�C That granting the conditional use permit will not be harmful to the public health. safety convenience and comfort The granting of the conditional use permit will prove to be a benefit to the public health and safety by ensuring proper disposal of solid waste in conformance with ADEC specifications. The project will also undertake to clean up and restore the existing landfill site which has exceeded capacity. The new landfill location will P & Z Minutes: April 30, 1997 Page 7 of 14 enhance not only health and safety, but also public convenience in removing an active dump from the edge of a residential neighborhood. D. b, being provided to meet the conditions listed in subsections_ — fis section, Vegetation, natural topography of the area and distance from residential development serve to provide buffering and safeguards against conflicts arising from potential incompatibilities between the proposed development and the nearest residential uses. Adequate separation is ensured by the remote location of the new landfill site. In addition, a fifty (50) foot wide buffer zone is required around the entire perimeter of the landfill. 17.67.05E If the permit is for a public use or structure the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. Since the existing landfill has exceeded capacity resulting in overflow of trash into surrounding areas, the proposed use of the new site will maximize public benefit by facilitating clean up and restoration of the old site and by ensuring that the proposed landfill will meet all ADEC sanitation and engineering requirements for construction and operation of a municipal landfill. 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. E) Case 97-004. Request for a rezone, in accordance with Section 17.72.030.13 (Manner of Initiation) of the Borough Code, of Lot 8, Industrial Park Subdivision, and Tracts S-5A-1, S-4A-lC, S-4A-1B, and Lots IA-1 and 1A-2, Block 1, Tract M, within U.S. Surveys 3218 and 3467, from I -Industrial and B-Business LQ RB- Retail Business. 2597, 2639, 2645, 2675 and 2685 Mill Bay Road, and 160 and 230 Von Scheele Way. P & Z Minutes: April 30, 1997 Page 8 of 14 BOB SCHOLZE indicated 26 public hearing notices were mailed for this case and 2 were returned by property owners within the proposed rezone area, opposing this request. Staff originally recommended forwarding this request to the Assembly with a recommendation of approval, however, considering the two opposing requests, staff offered several options. The first option would be to ignore those opposing requests, and forward the recommendation to the Assembly as presented, the second option would be to withdraw those two lots from the rezone area, and forward the recommendation with the balance of the area, and the third option would be to deny the request. COMMISSIONER SELIG MOVED TO RECOMMEND that the Kodiak Island Borough Assembly rezone Lot 8, Industrial Park Subdivision and Tract S-5A-1, Tract S-4A-1B, Tract S-4A-IC, and Lots 1A-1 and 1A-2, Block 1 of Tract M within U.S. Surveys 3218, 3467 and 3469 from I --Industrial and B-Business 1Q RB-Retail Business, and to adopt the findings in the staff memorandum dated March 27, 1997 in support of this recommendation. We 111 W61181 a VITGA A rezone of Lot 8, Industrial Park Subdivision and Tract S-5A-1; Tract S-4A-lB, Tract S-4A-1C, and Lots IA-1 and 1A-2, Block 1 of Tract M within U.S. Surveys 3218, 3467 and 3469 f[= I --Industrial and B-Business IQ RB-Retail Business is needed and justified because it is consistent with the Lakeside/Safeway Subarea Plan and compatible with the area's evolving development trend over the past decade. That trend has seen the establishment of nearby uses specifically permitted in the RB-Retail Business zoning district such as a retail grocery store/shopping center, restaurants, service station, retail and service stores, and a park/playground. These have helped to realize the area's potential as a secondary commercial center for the City of Kodiak. The rezone of these parcels allows for existing and proposed which are listed as permitted principal uses and are consistent with the description and intent of the RB-Retail Business (KIBC 17.25.010). The rezone area is located on the periphery of residential areas and near the intersection of arterial and a collector street. 17.72.020.13 Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan A change in zoning from I -Industrial and B-Business to RB-Retail Business will have the effect of permitting development that is specifically consistent with the P & Z Minutes: April 30, 1997 Page 9 of 14 Lakeside/Safeway Subarea Plan, incorporated as an element of the Kodiak Island Borough Comprehensive Plan in 1991. The plan map in the Subarea Plan identifies the rezone area as Retail Business. This rezone will preclude future intensive industrial development that might conflict with nearby existing uses, including commercial and retail, residential, and park/playground, that have been established as a result of development trends in the area over the past decade. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Karen Bendler, attorney for Mill Bay Plaza Inc., one of the property owners in opposition to the rezone request, appeared before the Commission and stated that her client opposed this rezone request at this time, until they had decided how to best use their lot. Public Hearing Closed. Regular Session Opened. The Commission discussed their options and agreed that the best decision at this time would be to defeat the motion, since some of the affected property owners were opposed to the rezone. They confirmed that they wished to keep the option available in the future, should the need arise. The question was called and the motion FAILED by unanimous roll call vote. F) Case 97-005. Planning and Zoning Commission determination, in accordance with Section 17.03.090.B (Similar uses) of the Borough Code that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, and a request for a conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a teacher residence supporting a public school (as similar in impact to a dormitory) to be located on Tract E, Chiniak Alaska Subdivision. BOB SCHOLZE indicated 13 public hearing notices were mailed for this case and none were returned. He pointed out that there was a revised site plan dated April 18, 1997 which relocated the teacher residence from the first site plan submitted. Staff recommended approval of this similar use determination and also the conditional use permit. P & Z Minutes: April 30, 1997 Page 10 of 14 ` COMMISSIONER BELL MOVED TO FIND that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, on Tract E, Chiniak Alaska Subdivision, and to adopt the finding contained in the staff report dated March 25, 1997 as "Finding of Fact" for this case. FINDING OF FACT: 1. Residential uses on public lands have historically been permitted in the Borough, in several cases directly related and accessory to a permitted institutional educational use. The character and impact on surrounding property and uses of a mobile to provide housing for a teaching couple staffing the Chiniak School would be far less than that of a facility housing a larger number of students and/or staff, as has been previously permitted in conjunction with educational facilities. A mobile home has served as a residence for teachers on this site for thirteen years without problems or complaints. In a semi -remote location such as this, teachers living at or near the school maximizes both the efficiency and effectiveness of the educational function since the teaching couple serves multiple roles at the school. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Br,U Odell, Chiniak resident, called in to express her opposition to the teacher housing situation. She was concerned that the whole procedure was handled improperly, and that no input was solicited from the residents of Chiniak. She felt that the Assembly was told that the community supported this housing, and that was incorrect. In fact, the Chiniak community had recently met to discuss an addition to the school, which would extend back from the side of the school where the new housing unit was planned to be located. She stated that Chiniak was the only community in which teacher housing was provided and didn't feel it reflected well on them. She encouraged the Commission and staff to ensure that proper set -backs were met, as well as building separation requirements, and that all appropriate permits were obtained. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. P & Z Minutes: April 30, 1997 Page 11 of 14 COMMISSIONER BELL MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.67.050 of the Borough Code, to permit a teacher residence supporting a public school, to be located on Tract E, Chiniak Alaska Subdivision, and to adopt the findings contained in the staff report dated March 25, 1997 as "Findings of Fact" for this case. FINDINGS OF FACT t U9 "LOIN I I If l?4V I C� This mobile home serving as a teacherage is designed specifically to provide housing for the teaching staff, traditionally consisting of a married couple, at the Chiniak School. As such, it is an accessory use that has been determined to be similar to a conditionally permitted dormitory use directly supporting the educational purpose of the school, as prescribed by the description and intent of the PL-Public Use Lands zoning district (KIBC 17.33.020). This preserves the value, spirit, character and integrity of the surrounding area which consists of other public use lands, the Chiniak Tsunami Shelter, the Chiniak Library, and other school facilities. 17,67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that the conditional use permit will fulfill the requirements of Chapters 17.67 (Conditional Use Permits). The impact of this proposed conditional use can be mitigated, if deemed necessary, by application of controls and safeguards to assure compatibility. However, given the large size of the tract and the remoteness of the site, the proposed conditional use, accessory to the educational purposes of the Chiniak School, supports the general function and enhances the overall success of the school with minimal impacts to the surrounding area. t 8 4 It. 4 9- 1.11 The granting of the conditional use permit will not be harmful to the public health, safety, convenience and comfort. There are no existing commercial uses nearby that will be in conflict, and the teacherage will be compatible with both the function of the school and residences on adjacent properties. P & Z Minutes: April 30, 1997 Page 12 of 14 17,67.05 D. h.setbacks lot area. buffers or other—aaftuards—M-1 being provided • meet the conditionsin subsections A through section, A This is a semi -remote area with very low density residential (RR2) nearby. Maximum retention of natural vegetation, in combination with the site's topography and the relative remoteness serve to adequately control any negative offsite impacts. The mobile home will comply with the setback requirements for all yards in the PL zoning district, which is twenty-five (25) feet. This provides sufficient space and separation between uses. 17.67.05 E. If the permit is for a public use or structure the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. In its function as a teacherage providing housing for the Chiniak teachers, the mobile home is not only similar in nature, if not size, to a dormitory, but also enhances the educational function of the school maximizing the benefit to the public. The motion was seconded and CARRIED by unanimous roll call vote. VIL OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of items A through B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated April 3, 1997 to Alan Phipps, DGC, from Linda Freed, RE: Coastal Review on proposed running line in Swikshak Lagoon on the Katmai Coast B) Letter dated March 14, 1997 to David Nesheim from Donna Smith, RE: Appeal of Case 96-021, denial of a CUP for a log transfer facility at Myrtle Creek. There were no further communications. P & Z Minutes: April 30, 1997 Page 13 of 14 X. REPORTS Staff reported on upcoming meetings. COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. M10310106MI U lU l s There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONINQCOMMISSM LN By: -- Eileen Probasco, Secretary Community Development Department DATE APPROVED: June 18, 1997 Friend, Chair P & Z Minutes: April 30, 1997 Page 14 of 14