Loading...
1997-08-20 Regular MeetingC I. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -AUGUST 20, 1997 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chair Friend on August 20, 1997 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Suzanne Hancock Clarence Selig Walter Stewart (arrived at 7:43 pm) Darlene Turner Commissioners Absent: Donna Bell - Excused Roberta Scheidler - Excused A quorum was established. III. APPROVAL OF AGENDA IV. V. Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Judi Nielsen, Deputy Clerk Clerk's office COMMISSIONER SELIG 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 TURNER MOVED TO ACCEPT the minutes of the July 16, 1997 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: August 20, 1997 Page 1 of 14 r VI. PUBLIC HEARINGS A) Case 97-010. Request for a variance from Section 17.18.050.A (Front yards) of the Borough Code, to allow a single-family residence to encroach no more than 15 (fifteen) feet into the required 25 (twenty-five) foot front yard setback (from Rainbow Street), on a lot in the RI -Single Family Residential zoning district. Lot 11A, Block 3, Port Lions Alaska Subdivision. LINDA FREED indicated 42 public hearing notices were mailed for this case and 1 was returned. Staff reported that the applicant had been in contact with the Port Lions City Council, and the Council did not contact staff to inform them of any concerns with this request. Staff recommended approval of a reduced request allowing no more than a nine (9) foot encroachment into the front yard setback. COMMISSIONER TURNER MOVED TO GRANT a variance from Section 17.18.050 A (Front Yards) of the Borough Code to permit a proposed single- family residence to project no more than nine (9) feet into the required twenty five (25) foot front yard setback (along Rainbow Street), on Lot IIA, Block 3, Port Lions Alaska Subdivision, and to adopt the findings in the staff report dated August 8, 1997 as "Findings of Fact" for this case. FINDINGS OF FACT 17 66 050 A I. Exceptional physical circumstances or conditions annlicable to the property or intended use of development which generally do not apply to other properties in the same land use district. The lot in question has an exceptional physical condition which does not generally apply to other properties in the same land use district, in that it contains legal nonconforming (grandfathered) communications equipment. The presence of large satellite dishes and other communication equipment on the lot make it practically difficult for a house to be located within the required setback area without either eliminating some of the dishes and/or negatively impacting their function. The dishes and their bases not only take up a large portion of the lot, but are also required to be on the uphill side of the lot with no structures located immediately in front to block their line of sight. 17.66 050 A 2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships, Strict application of the zoning ordinance would make it difficult for the applicant to develop a single family residence on this lot, which is an P & Z Minutes: August 20, 1997 Page 2 of 14 allowed use in this zoning district. The presence of large satellite dishes ( and other communication equipment on the lot make it practically difficult for a house to be located within the required setback area without either eliminating some of the dishes and/or negatively impacting their function. These dishes provide important communication services for the community of Port Lions. The dishes and their bases not only take up a large portion of the lot, but are also required to be located on the uphill side of the lot with no structures located immediately in front to block their line of sight. 17.66.050 A.3. The rg anting 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. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public's health, safety and welfare, since a reduced encroachment is being approved. Granting a variance for an encroachment of up to nine (9) feet into the required front yard setback will minimize road safety concerns while still allowing the house to be placed on the lot. Finally, the new house proposed for this lot will be connected to municipal sewer and thus will not be detrimental to the public health. 17.66.050 A.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 Port Lions Comprehensive Plan. The land use plan shows this lot as being residential. This trend is encouraged by the zoning designation for this lot, which is RI -Single Family Residential. In fact, approval of a variance allowing placement of the house on the lot will make the lot more conforming with the objectives of the Port Lions Comprehensive Plan. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. Although the presence of communications equipment on the property might appear to be a special condition, these conditions were not caused by the applicant but were inherited with the purchase of the property and have since become a legal conforming (grandfathered) use on the lot. P & Z Minutes: August 20, 1997 Page 3 of 14 17.66.050 A.6. That the granting of the variance will not permit a prohibited land ( use in the district involved. A single family residence is an allowed use in the RI -Single Family Residential Zoning District. 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. B) Case 591-013. Request for the removal of a plat note, required as a condition of final approval, restricting access to (proposed) Lots 5 through 13, Block 2, Perez Estates Subdivision, to Wilton White Way or the sixty (60) foot wide access r easement, to allow access to these lots from Sharatin Road. 3084 and 3218 Sharatin Road. LINDA FREED indicated 41 public hearing notices were mailed for this case and none were returned. Staff reported that a special Commission worksession took place at the site on Tuesday, August 19, to discuss the request and view the topography and terrain with the applicant and interested citizens. Based on discussion at the worksession, staff recommends approval of this request with additional revisions to the plat notes. COMMISSIONER TURNER MOVED TO REVISE condition of approval #1, required as a condition of final approval, of the subdivision of Tract A, Block 2, Perez Estates Subdivision, U. S. Survey 3512, to read: 1. Place plat notes stating: Driveway/vehicle access to Lots 5 through 13, Block 2, is restricted to Sharatin Road. The front yard setback for Lots 5 through 13, Block 2 will be calculated from Sharatin Road. and to adopt the findings of fact, included in the summary statement dated August 20, 1997, as findings of fact for this decision. P & Z Minutes: August 20, 1997 Page 4 of 14 C FINDINGS OF FACT 1. KIBC 16.40.050 B. 2. directs that double frontage lots shall not access onto designated collector or arterial streets and will generally only be allowed where topography allows no reasonable alternative. Lots 5 through 13, Block 2, Perez Estates Subdivision are subject to topographic constraints, and Sharatin Road is not designated as either a collector or arterial street. 2. As a result of topographic characteristics, Lots 5 through 13, Block 2, Perez Estates Subdivision generally have better vehicle access from Sharatin Road. 3. Requiring the front yard set back to be calculated from Sharatin Road will provide property between any building site and the front lot line to accommodate required off-street parking. 4. Off-street parking, as required by the Borough code, will provide the sight distance needed to limit the potential conflict between through traffic on Sharatin Road, and traffic entering the roadway from Lots 5 through 13, Block 2, Perez Estates Subdivision. 5. Limiting vehicle access to one roadway will provide a consistent development framework for Lots 5 through 13, Block 2, Perez Estates Subdivision. 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. C) Case S97-011. Request for preliminary approval of the subdivision of Tract E, U.S. Survey 4793, creating Tract E-1, U.S. Survey 4793. Generally located near the City of Old Harbor. P & Z Minutes: August 20, 1997 Page 5 of 14 LINDA FREED indicated 8 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to two conditions. COMMISSIONER HANCOCK MOVED TO GRANT preliminary approval of the subdivision of Tract E, U. S. Survey 4793, creating Tract E-1, U. S. Survey 4793, subject to the conditions of approval contained in the staff report dated August 5, 1997 and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Create a utility easement ten (10) feet on either side of the 8" sewer line that crosses the lot. 2. Create a triangular utility easement containing the utility pole and guy wire in the northwesterly corner of the lot. This triangular utility easement shall be comprised of the northerly and westerly lot lines and a line drawn between the northerly and westerly lot lines, parallel to the southern lot line, of not less than fifteen (15) feet in length. 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) Requested changes to KIBC Section 16.80.080 B. (Drainage), proposing a reduction of the minimum width of roadway ditches from eight (8) feet to six (6) feet (Postponed from the July 16, 1997 regular meeting). LINDA FREED indicated no individual public hearing notices were mailed for this case. The request was generated by a member of the public and was forwarded to the Commission for their review and recommendation by the Borough Assembly. Notice of this request had been sent to the road service districts in the Borough requesting their comments and input, and no comments P & Z Minutes: August 20, 1997 Page 6 of 14 had been received. Staff suggested this change not be recommended for approval [ by the Borough Assembly. THE MOTION CURRENTLY ON THE FLOOR: MOVE TO RECOMMEND to the Kodiak Island Borough Assembly that KIBC Section 16.80.080.B (Drainage) be revised by reducing the minimum width roadway ditches required from eight (8) feet to six (6) feet. Regular Session Closed. Public Hearing Opened: Dale Soughers, Selief Lane area resident, appeared before the Commission and expressed opposition to this request. He felt that the ditches on Selief Lane were inadequate for the amount of runoff in the area, and that anything less than eight feet was not wide enough. Public Hearing Closed. Regular Session Opened. COMMISSIONER TURNER commented that she had the opportunity to view some of the drainage examples suggested by staff, both those developed to Borough standards, and those not developed to Borough standards. She specifically pointed out Three Sisters Way and cited the specific drainage problems that continually occurred on that road. She stated that she did not favor changing the code requirements from eight (8) feet to six (6) feet. The question was called and the motion FAILED by unanimous roll call vote. COMMISSIONER TURNED MOVED TO ADOPT the finding in the summary statement dated August 13, 1997 as "Findings of Fact" supporting denial of this request. FINDING OF FACT 1. Reduction of the required three -to -one slope (3:1) from the roadway sub- base shoulder to the bottom of a ditch would either compromise road engineering design standards by resulting in insufficient culvert size and/or cover, or compromise traffic safety standards by exceeding the 3:1 slope and increasing the potential for vehicle roll-over when vehicles pull off the roadway. The motion was SECONDED and CARRIED by unanimous roll call vote. P & Z Minutes: August 20, 1997 Page 7 of 14 E) Planning and Zoning Commission review, under Section 2.40.030.E of the Borough Code, of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (FY99 through F'Y03). LINDA FREED indicated no individual public hearing notices were mailed for this case. Staff recommended that the Commission consider which projects it feels should be included in the Borough -wide CIP list and what priority these projects should have based on the Commission's land use/development perspective. COMMISSIONER HANCOCK MOVED TO RECOMMEND that the Kodiak Island Borough Assembly incorporate the following projects, in the priority listed, into the Borough's adopted CIP list for FY99 through FY03: 1. Peterson Elementary School Addition 2. Karluk Landfill and Sewer Upgrades 3. Monashka Bay Water and Sewer System Design 4. Pasagshak S-Curve 5. _ 6. Bells Flats Road Improvements Anton -Larsen Bay Small Boat Launching Ramps & Road Extension 7. Kodiak High School Code Upgrade 8. Three Sister, Sawmill Extension, Peninsula Road Designs 9. Larsen Bay Breakwater 10. Gear Storage Facility Construction 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. F) Case 91-050. Planning and Zoning Commission review of proposed changes to the Lakeside Subdivision/Safeway Subarea Land Use Plan, originally adopted in November 1991. The plan encompasses an area generally located between Bartel Avenue and Island Lake Road, and Mill Bay Road and Beaver and Dark Lakes. P & Z Minutes: August 20, 1997 Page 8 of 14 The proposed plan revisions generally direct future land use in the area towards { residential and retail uses and away from the currently identified light -industrial and industrial uses. LINDA FREED reported that there had been extensive public meetings held on this case, as well as meetings with the City Council and Kodiak Island Borough Assembly. MS. FREED pointed out the differences between the Plan as it currently exists and what is proposed in the Draft Plan. As a result of the discussion at the most recent packet review worksession, staff offered a revised motion, reflecting suggested revisions to the Draft Plan, as well as to the proposed rezone resulting from those revisions. MS. FREED further pointed out that the action taken tonight does not involve any subdivision or land disposal; those issues will only be addressed after the Plan is revised and the rezone is complete. Staff suggested that the Commission recommend that the Assembly adopt the revised plan. COMMISSIONER TURNER MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the revised Lakeside Subdivision/Safeway Subarea Plan (dated August 12, 1997) as a part of the Kodiak Road System Comprehensive Policy and Land Use Plan. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Dale Soughers, Selief Lane area resident, appeared before the Commission to ask for clarification on some questions he had. Kathy Colwell appeared before the Commission and expressed support for the proposed revisions to the Draft Plan as presented by staff. She thanked staff and the Commission for their work on this issue. Ellen Cloudy appeared before the Commission and expressed support for the proposed revisions to the Draft Plan as presented by staff. Margaret Reed appeared before the Commission and expressed support for the proposed revisions to the Draft Plan as presented by staff. Public Hearing Closed. Regular Session Opened. P & Z Minutes: August 20, 1997 Page 9 of 14 Q, COMMISSIONER STEWART MOVED TO AMEND the Lakeside Subdivision /Safeway Subarea Plan map to designate the following property as RB-Retail Business: • Lot 1, Block 1, Lakeside Subdivision; • Lots 1 and 2, Block 3, Lakeside Subdivision; and • Lots IA, 1B, 1C, and 1D, Lakeside Subdivision, Second Addition. The motion to amend was SECONDED and CARRIED by unanimous roll call vote. COMMISSIONER SELIG MOVED TO AMEND the Lakeside Subdivision /Safeway Subarea Plan map to designate the following additional lot as low - density residential: • Lot 3, Block 3, Lakeside Subdivision. The motion to amend was SECONDED and CARRIED by unanimous roll call vote. COMMISSIONER TURNER MOVED TO AMEND the Lakeside Subdivision /Safeway Subarea Plan map to designate all of the front side of Beaver Lake as open space. The motion to amend was SECONDED and CARRIED by unanimous roll call vote. The question was called and the amended motion CARRIED by unanimous roll call vote. G) Case 95-024. Planning and Zoning Commission consideration of a rezone, in accordance with Section 17.72.030.A. (Manner of Initiation) of the Borough Code, of a portion of the area subject to the Lakeside Subdivision/Safeway Subarea Land Use Plan. LINDA FREED indicated 81 public hearing notices were mailed for this case. The public hearing notices returned, for the most part, supported preserving the front side of Beaver Lake as public open space. Staff recommends that the Commission forward this rezone proposal, as revised, to the Kodiak Island Borough Assembly with a recommendation for approval. COMMISSIONER SELIG MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of: P & Z Minutes: August 20, 1997 Page 10 of 14 • Lots 3 - 11, Block 3, Lakeside Subdivision frQ-m- LI-Light Industrial and NU - Natural Use to R-1 Single Family Residential; • Lots 1 - 2, Block 3, Lakeside Subdivision fii I -Industrial to RB-Retail Business; • Lots 2 - 7, and the undeveloped right-of-way adjacent to Lot 7, Block 1, Lakeside Subdivision, from LI-Light Industrial and PL-Public Use Lands tQ R2-Two Family Residential; • Lot 1, Block 1, Lakeside Subdivision from LI-Light Industrial tQ RB-Retail Business; • Portions of U. S. Survey 3468 and U. S. Survey 3467 (front side of Beaver Lake) firmom PL-Public Use Lands t4 NU -Natural Use (approximately 10.5 acres). And to adopt the findings of fact in the staff memorandum dated August 12, 1997 as findings in support of this recommendation. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Kathy Colwell appeared before the Commission and expressed support for this request. Mike Anderson appeared before the Commission and gave his input on the development of this area. He stated that he grew up in Kodiak and that he was also on the Commission about 10 years ago. He agreed that the land around the lake should be kept as a natural use area. He did not feel that the Borough should be in the business of developing and selling residential lots; that it should be left to the individual who would buy larger parcels and develop them for whatever uses are in demand. He felt this would take a financial burden off the tax payers. Dale Sough ers appeared before the Commission and commented on the history of the tax assessment on his land, and how it fluctuated over a several year period. He felt that the natural use area proposed for Beaver Lake was important to the residents of this area. Ellen Cloudy appeared before the Commission and expressed support for this request. She expressed a concern about the buffer zone between the residential lots on Selief Lane and the airport. She didn't feel that there was enough P & Z Minutes: August 20, 1997 Page l l of 14 protection of the buffer zone and that there should be more enforceable rules when the vegetation in those areas was disturbed. Eric Schneider appeared before the Commission to express his concern about a situation when people buy a lot with expectations about what is being developed in the surrounding area, and then the zoning in that surrounding area is changed. A letter was read into the record from Lew and Elizabeth Santoro expressing opposition to the development of land in front of and around Beaver Lake. Lee Russell called in to express opposition to any residential zoning on the front side of Beaver Lake. He agreed with comments expressed in the letter from Mr. & Mr. Santoro. He felt putting more residential lots on the market would drive private developers out of business. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. COMMISSIONER TURNER MOVED TO INVESTIGATE the rezoning of Lots 1A, 113, 1C and 1D, Lakeside Subdivision, 2n' Addition, Lot 8, Industrial Park Subdivision, and Tracts S4A-1B, S4A-IC, S5A-I, M-IA-1, and M-IA-2, U.S. Survey 3218, from I -Industrial and B-Business to RB-Retail Business, consistent with the recently revised Lakeside Subdivision Safeway Subarea Land Use Plan. The motion was SECONDED and CARRIED by unanimous roll call vote. H) Case 97-011. Planning and Zoning Commission consideration of a rezone, in accordance with Section 17.72.030.B (Manner of Initiation) of the Borough Code, of portions of U.S. Surveys 2538A, 3467 and 3468 from RR1-Rural Residential One, and PL-Public Use Lands, IQ NU -Natural Use. Generally located north of Selief Lane, Horseshoe Lake and Beaver Lake. LINDA FREED indicated 129 public hearing notices were mailed for this case and 1 was returned requesting that the area around Beaver Lake be left undeveloped. Staff recommended approval of this rezone as it would make this area consistent with the revised plan for this area, as well as the 1968 Comprehensive Plan. COMMISSIONER STEWART MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Tract A, U.S. Surveys 2538A, P & Z Minutes: August 20, 1997 Page 12 of 14 and portions of 3467 and 3468 as shown on the Lakeside Subdivision Safeway Subarea Map from RRI-Rural Residential One, and PL-Public Use Lands, to NU - Natural Use, and to adopt the findings in the staff report dated August 12, 1997 in support of this recommendation. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: David Colwell appeared before the Commission and expressed support for this request. Kathy Colwell 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. VII. OLD BUSINESS There was no old business. 13A I I MkWDA`: t 11Wt&*y There was no new business. IX. COMMUNICATIONS COMMISSIONER TURNER MOVED TO ACKNOWLEDGE RECEIPT of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS LINDA FREED gave a summary of meetings focusing on producing an Oil Spill Contingent Plan for the region. The planning group hoped to have a draft document available by the end of December. She reported that staff had no items for the August 27 and September 3 worksession agendas, and that unless the Commission had items they wished to schedule, they could choose not to hold worksession on those days. The Commission agreed that they would not meet on those dates. P & Z Minutes: August 20, 1997 Page 13 of 14 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. XIL COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:57 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: dW46� errol Friend, Chair ATTEST By: pll� --- Eileen Probasco, Secretary Community Development Department DATE APPROVED: November 19, 1997 P & Z Minutes: August 20, 1997 Page 14 of 14