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1997-10-15 Regular MeetingNE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING —OCTOBER 15, 1997 MINUTES I. 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 October 15, 1997 in the Borough Assembly Chambers. H. ROLL CALL Commissioners Present: Others Present: Jerrol Friend, Chair Linda Freed, Director Donna Bell Community Development Dept. Suzanne Hancock Bob Scholze, Associate Planner Roberta Scheidler Community Development Dept. Clarence Selig Eileen Probasco, Secretary Walter Stewart Community Development Dept. Darlene Turner Commissioners Absent: None A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER BELL 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 Minutes from the September 1997 regular meeting were not available for approval. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS P & Z Minutes: October 15, 1997 Page 1 of 15 A) Case 97-015. Request for a conditional use permit, in accordance with Section 17.21.030.A (Conditional uses) of the Borough Code, to permit a new church and a parsonage to be located on a B-Business zoned lot. Tract E-1, U.S. Survey 1396, 110 Bartel Avenue. BOB SCHOLZE indicated 40 public hearing notices were mailed for this case and 2 were returned, expressing no objection to this request. Staff recommended approval of this request subject to one condition. COMMISSIONER STEWART MOVED TO GRANT a request for a conditional use permit, in accordance with Section 17.21.030.A (Conditional uses) of the Borough Code, to permit a new church and a parsonage to be located on Tract E- 1, U.S. Survey 1396, subject to the condition of approval contained in the summary statement dated October 13, 1997, and to adopt the findings in that summary statement as "Findings of Fact" for this case. CONDITION OF APPROVAL: 1. The applicant must provide a six (6) foot high sight -obscuring fence, as determined by the Commission to be appropriate screening, between the nonresidential use on Tract E-1 and adjacent residential uses on Lot 4 Block 4, Airpark Subdivision and Lot 13, U.S. Survey 3098. FINDINGS OF FACT 17 67 05 A That the conditional use will preserve the value spirit character and integrity of the surrounding area. Granting this conditional use permit will not undermine the value, spirit, character and integrity of the surrounding area, since it will allow a low -impact nonresidential use that can serve as a transition between the more intensive commercial and retail uses along Mill Bay Road and the exclusively residential neighborhoods of Blocks 56 and 57, East Addition Subdivision bordered by Chichenof and Simeonoff Streets immediately south of Tract E-1. The proposed use is not inconsistent with the medium density residential designation of this property in the 1968 Borough Comprehensive Plan since churches are a permitted use in Rl, R2, and R3 zoning districts. 17.67.05 B. That the conditional usells all other requirements of this chapter pertaining to the conditional use in question. In approving a site plan as required by KIBC 17.67.030 for the proposed use as part of CUP review and approval, the Commission can require whatever may be necessary to ensure sujficient setbacks and buffers as well as controls governing access points, drainage, vehicular and pedestrian circulation patterns, and P & Z Minutes: October 15, 1997 Page 2 of 15 parking. This serves to guarantee that the conditional use will be compatible with the surrounding area and minimize impacts, if necessary. 17.67.05 C That granting the conditional use permit will not be harmful to the public health. safety, convenience and comfort Granting the conditional use permit will not be harmful to the public health, safety, convenience or comfort as this use is far less intensive, and will have correspondingly less impact, than most of the uses permitted outright or conditionally in the B-Business zoning district. Impacts on traffic most likely will be periodic, at times of services, and are controlled by parking requirements for ingress/egress and vehicular circulation. Entrance to the property is served by a well maintained City street with good sight clearance and accessibility. 17 67 05 D. That su�Tzcient setbacks lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A throughof this section. Appropriate screening is required by KIBC Section 17.21.050.0 to separate nonresidential uses in the B-Business zoning district from adjacent nonresidential uses. The substantial size of this Tract E-1 ensures that structures can be located well away from adjacent uses, as well as easily provide for required parking. Buffers and screening will be provided by the six (6) foot high sight -obscuring fence required as a condition of approval to separate the nonresidential use from adjacent residential uses. " 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 97-016. Request for a variance from Section 17.57.040.A (Off-street parking —Number of spaces required), to allow an optical clinic and an additional apartment requiring fifteen (15) parking spaces, in an existing structure with nine (9) grandfathered parking spaces, on Lot 1, Block 19, Kodiak Townsite. 214 Rezanof Drive. P & Z Minutes: October 15, 1997 Page 3 of 15 BOB SCHOLZE indicated 38 public hearing notices were mailed for this case and none were returned. As a result of the packet review worksession, an alternate motion was provided which would allow for two apartments on the upper level, in addition to the optometric clinic on the first floor. Staffs recommendation contained in the original summary statement, for one apartment, remained unchanged. COMMISSIONER SELIG MOVED TO GRANT a request for a variance from Section 17.57.040.A (Offstreet Parking — Number of Spaces Required) to permit only a sole practitioner optometric clinic and a single optical dispenser and two apartments requiring fifteen (15) parking spaces in an existing structure with nine grandfathered parking spaces on Lot 1, Block 19, Kodiak Townsite, and to adopt the findings in the summary statement dated October 13, 1997 as "Findings of Fact" for this case. FINDINGS OF FACT 17 66 050 A I Exceptional pl}vsical 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 in this case is that this is an extremely small lot created long before Borough zoning requirements regarding minimum lot size and parking requirements. 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 result in the practical difficulty and hardship of not only restricting, but also effectively precluding, any commercial use of the property. 17 66 050 A 3 The granting of the variance will not result in material damages or oreiudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare. A sole practitioner clinic with two (2) apartments is less than historical parking demand related to former uses of the building. It also potentially has less parking demand and traffic impacts than either a multi practitioner clinic scheduling several clients simultaneously or retaillofce space, which have the same one (1) parking space per two hundred (200) square feet of floor area. Rezanof Drive is a State highway. No comments regarding perceived problems related to traffic safety have been received from State Department of Transportation. P & Z Minutes: October 15, 1997 Page 4 of 15 I7.66.050 A.4. The granting of the variance will not be contrary to the objectives Qf the Comprehensive Plan. Granting of the variance will allow permitted commercial uses of this property which has been zoned B-Business since there was zoning in the Borough. I7.66.050 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 lot was created and the existing building constructed on the property prior to ownership by the applicant. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. A clinic is a permitted use in the B-Business zoning district. Single and two- family dwellings are permitted in the B-Business zoning district if located within a structure containing a permitted business use, do not exceed fiftypercent (50%) of the area of the structure, and are not located on thee street level of the structure. The proposed uses are permitted in the B-Business zoning district. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: 7erimiah Myers, applicant, appeared before the Commission and expressed support for the request. He felt that the proposed use of this structure would result in less demand for traffic and parking than previous uses. Louie Lowenberg, adjoining property owner, appeared before the Commission and encouraged them to make a decision that they would be able to apply equally to surrounding properties, because he felt that this decision would set a precedence. Public Hearing Closed. Regular Session Opened. COMMISSIONER HANCOCK said that she had given the issue considerable thought, and was inclined to agree with staffs recommendation for permitting only one apartment. She was familiar with the history of the building as she was employed by a previous occupant of the building. She felt there was an effort to enforce parking requirements in the downtown area to eliminate previous problems. She also felt that approving the request for two apartments would be P & Z Minutes: October 15, 1997 Page 5 of 15 setting a precedence, and that if the Commission approved this request there would be no incentive for the property owner to solve the problem. COMMISSIONER SCHEIDLER agreed with COMMISSIONER HANCOCK'S comments. She had also worked in the building while it was occupied by a previous tenant and had experienced similar problems. She would support amending the motion to allow only one apartment. COMMISSIONER HANCOCK MOVED TO AMEND BY SUBSTITUTION as follows: MOVE TO GRANT a variance from Section 17.57.040.A (Off-street parking — Number of spaces required), to permit only a sole practitioner optometric clinic and a single optical dispenser and one apartment requiring twelve (12) parking spaces, in an existing structure with nine (9) grandfathered parking spaces on Lot 1, Block 19, Kodiak Townsite; and to adopt the findings contained in the staff report dated September 22, 1997 as "Findings of Fact" for this case. FINDINGS OF FACT 17.66,050A.1.Exce tip oral 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 in this case is that this is an extremely small lot created long before Borough zoning requirements regarding minimum lot size and parking requirements. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical djo2culties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty and hardship of not only restricting, but also effectively precluding, any commercial use of the property. 17.66.050 A.3. The grantingQf the variance will not result in material damages or prQiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. A single practitioner clinic has less potential to have parking demand and traffic impacts than a multi practitioner clinic scheduling several clients simultaneously, as is characteristic of most clinics in Kodiak It also likely would have less potential impacts than retail or office space, which have the same one (1) parking space per two hundred (200) square feet of floor area. Rezanof Drive is a State P & Z Minutes: October 15, 1997 Page 6 of 15 highway. No comments regarding perceived problems related to traffic safety have been received from State Department of Transportation. 17.66,050 A. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will allow permitted commercial uses of this property which has been zoned B-Business since there was zoning in the Borough. 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 lot was created and the existing building constructed on the property prior to ownership by the applicant. 17.66.050 A.6. That the granting the variance will not permit a prohibited land use in the district involved. A clinic is a permitted use in the B-Business zoning district. Single and two- family dwellings are permitted in the B-Business zoning district if located within a structure containing a permitted business use, do not exceed fifty percent (50%) of the area of the structure, and are not located on thee street level of the structure. The proposed uses are permitted in the B-Business zoning district. The motion to AMEND BY SUBSTITUTION was seconded and CARRIED by unanimous roll call vote. The question was called and the SUBSTITUTED MOTION CARRIED by a roll call vote of 5-2. COMMISSIONERS TURNER and FRIEND voted no. C) Case 97-017. Planning and Zoning Commission review and approval of the Revised (1997) Port Lions Comprehensive Development Plan. BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request until the November 1997 regular meeting to allow for final formatting and compilation of revised maps to be included in the Plan. COMMISSIONER TURNER MOVED TO POSTPONE ACTION on case 97- 017 until the Commission's November 19, 1997 regular meeting, and to schedule it for another public hearing. The motion was SECONDED. Regular Session Closed. P & Z Minutes: October 15, 1997 Page 7 of 15 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 97-018. Request for a rezone, in accordance with Section 17.72.030.13 (Manner of Initiation) of the Borough Code, of proposed Tract D, a portion of U.S. Survey 5509 (approximately 6.62 acres), from W-Watershed to PL-Public Use Lands. BOB SCHOLZE indicated 29 public hearing notices were mailed for this case and none were returned. Staff recommended action on this case be postponed until the November 1997 regular meeting, to ensure that the appropriate plan is in place which would support this rezone request. COMMISSIONER SCHEIDLER declared her position as Financial Director of Afognak Native Corporation, and asked for a conflict of interest determination. CHAIR FRIEND was aware of the situation and determined that there was no conflict of interest. COMMISSIONER BELL MOVED TO POSTPONE action on Case 97-018 until the Commission's November 19, 1997 regular meeting, and to schedule it for another public hearing. 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 97-019. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Planning Commission — Assembly Approval) of the Borough Code, of the disposal for fair market value of the following parcels: P & Z Minutes: October 15, 1997 Page 8 of 15 Lot 10, Block 3, Lakeside Subdivision (2260 Selief Lane) Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) Tract A, ASLS 82-133 (Ugak Bay) Portion of Lot 8, Block 3, Kodiak Townsite (behind 216 Mill Bay Road). LINDA FREED indicated no individual public hearing notices were mailed for this case. She reported that she and the Resource Management Officer had conferred with the Borough Assembly, and that it had been decided to hold the next Borough Land Sale in the spring of 1998, rather than in December 1997. Staff recommended postponement of this request until the November 1997 regular meeting, to allow adequate time for staff to provide additional information for the Commission's review. COMMISSIONER TURNER MOVED TO POSTPONE action on Case 97-019 until the Commission's November 19, 1997 regular meeting, and to schedule it for another public hearing. 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 97-020. Request for a conditional use permit, in accordance with Section 17.13.040.17 (Conditional Uses) of the Borough Code, to permit non -recreational mineral extraction activities, specifically, the removal of approximately 500 cubic yards of gravel from the beach along the Chiniak Highway near Frank Creek, approximately one mile past the Pasagshak Road intersection, in Kalsin Bay. BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and 2 were returned, one from DNR stating that a material sale contract would likely be required from the State for this proposal, and the other from an adjoining property owner opposing the request. The applicant submitted a request for postponement for an indefinite period of time. Staff recommended postponement of this request until the April, 1998 regular meeting (6 months), or earlier if the applicant chooses. COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case 97- 020 until the April 1998 regular commission meeting, or sooner if the applicant P & Z Minutes: October 15, 1997 Page 9 of 15 indicates that he wishes to reactivate the request, and to bring it back for a public hearing. 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. G) Case S97-017. Request for preliminary approval of the subdivision of Lot 13, U.S. Survey 3101, creating Lots 13A and 13B, U.S. Survey 3101. 3831 Spruce Cape Road. BOB SCHOLZE indicated 17 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition, which has been discussed with the applicant. COMMISSIONER SELIG MOVED TO GRANT preliminary approval of the subdivision of Lot 13, U.S. Survey 3101, creating Lots 13A and 13B, U.S. Survey 3101, subject to the condition of approval in the summary statement dated October 13, 1997, and to adopt the findings in the staff report dated September 19, 1997 as "Findings of Fact" for this case. CONDITION OF APPROVAL: 1. Prior to final plat approval, install a new grinder pump on proposed lot 13B to service the existing house on the property. 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. P & Z Minutes: October 15, 1997 Page 10 of 15 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. IT) Case S97-018. Request for preliminary approval of the subdivision of Tract Al- B, U.S. Survey 1671, creating Tracts A-113-1, A-113-2, and A-111-3, U.S. Survey 1671. Generally located on Spruce Island, near Pleasant Harbor. BOB SCHOLZE indicated 19 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition. COMMISSIONER STEWART MOVED TO GRANT preliminary approval of the subdivision of Tract Al-B, U.S. Survey1671, creating Tracts A-113-1, A-113-2, and A-113-3, U.S. Survey 1671, subject to the condition of approval contained in the staff report dated September 22, 1997 and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Prior to final plat approval, provide documentation that each of the proposed lots can meet the wastewater disposal standards of ADEC and has access to an adequate amount of potable water for domestic purposes, as required by KIBC 16.70.020.B. �I I`n7-I`►Cei.Y17:a1 al:�iTi 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 provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED. P & Z Minutes: October 15, 1997 Page I 1 of 15 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. I) Case S97-019. Request for preliminary approval of the vacation of Lots 4 through 11, Block 3, Lakeside Subdivision, and various portions of Selief Lane and Beaver Lake Drive, and replat to Lots 4-14, Tract A, and Tracts B and C, Block 3, Lakeside Subdivision. Selief Lane, Beaver Lake Drive and Von Scheele Way. BOB SCHOLZE indicated 21 public hearing notices were mailed for this case and none were returned. As a result of incomplete preliminary plat information, staff recommended that this request be postponed until the Commission's November 1997 regular meeting. COMMISSIONER TURNER MOVED TO POSTPONE action on Case S97- 019 until the Commission's November 1997 regular meeting, and to schedule it for a public hearing. 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. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Case 97-004. Request for a rezone, in accordance with Section 17.72.030.B (Manner of Initiation) of the Borough Code, of Lot 8, Industrial Park Subdivision; P & Z Minutes: October 15, 1997 Page 12 of 15 Tract S-5A-1 within U.S. Surveys 3218, 3467 and 3469; Tract S-4A-1B, Tract S- 4A-1C, and Lots IA-1 and 1A-2, Block 1 of Tract M within U.S. Survey 3218; Lots IA through 1D, Lakeside Subdivision, 2nd Addition; and Lots 1 and 2, Block 3, Lakeside Subdivision, from I --Industrial and B-Business t4 RB-Retail Business. LINDA FREED indicated that the Borough Assembly decided, at their regular meeting of October 2, 1997, that similarly situated lots in Lakeside Subdivision should not be rezoned. She reported that the Assembly had approved the revised Lakeside Subdivision Safeway Sub Area Land Use Plan, but had removed from the Commission's rezone recommendation the I -Industrial zoned lots. MS FREED indicated that this case was before the Commission because they had initiated it at the time they had recommended approval of the revised Lakeside Subdivision Safeway Sub Area Plan. At this time, however, the indications were that the Assembly did not support the rezone of these parcels. No Commission action was necessary unless they wanted to pursue the rezone further. The Commission took no action on this case. There was no further new business. IX. COMMUNICATIONS COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated October 2, 1997 to Ludger Dochterman from Tom Bouillion, RE: Fishing gear storage on Lot 7, Block 2, Mt. View Subdivision. B) Notice to Land Owners and Interested Citizens from Tom Bouillion, concerning public review of the draft Womens Bay Natural Use Area Plan. C) Letter dated October 9, 1997 to Mike Haggren from Tom Bouillion, RE: Fishing gear storage on Lot 3, Block 1, Monashka Bay Subdivision. D) Letter dated October 9, 1997 to Daniel Olsen from Tom Bouillion, RE: Fishing gear storage on Lot 11, Block 3, Russian Creek Subdivision. E) Article from September 1997 Urban Land, titled: Futurescape: Chattanooga's Community Planning Process. There were no further communications. P & Z Minutes: October 15, 1997 Page 13 of 15 C X. REPORTS LINDA FREED reported on oil spill planning efforts and commended the Coast Guard's speedy response to a construction barge which was without power and currently in the area of Tugidak Island, and possibly headed toward Kodiak Island. She said that a tug was underway to assist the barge as a result of the Coast Guard's efforts to ensure response and prevent any damage from occurring. MS FREED said that staff anticipated having a copy of the Port Lions Comprehensive Plan to Commissioners prior to the November 12 packet review worksession, to allow them enough time to review the plan. She further reported that staff did not have items for discussion at potential worksessions on October 22, 29 and November 5, and due to the large November agenda, she suggested hat no worksessions be held on those dates. She also said that, due to the upcoming holiday season, the Commission needed to decide if they wanted to hold worksessions on November 26, December 3, 24, and 31. The Commissioners agreed that they would not hold worksessions on October 22, 29, November 5, 26, and December 3, 24, and 31. COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS Robin Heinrichs appeared before the Commission and expressed his thanks to the Commission, on behalf of the Borough Assembly, for expediting projects necessary for a Borough land sale. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:20 p.m. KODIAK PLANNING AND ZO: By: — Jerrol Friend. Chair P & Z Minutes: October 15, 1997 Page 14 of 15 ATTEST By: 'Z.�_ V'/-161b" Eileen Probasco, Secretary Community Development Department DATE APPROVED: November 19, 1997 P & Z Minutes: October 15, 1997 Page 15 of 15