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2002-04-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 17, 2002 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 SELIG on April 17, 2002 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jake Ketscher Robert Lindsey Cheryl Boehland Clarence Selig -Chair A quorum was established. Commissioners not present Reed Oswalt Barbara Williams 1 Vacant seat III. APPROVAL OF AGENDA COMMISSIONER KETSCI motion was SECONDED unanimous voice vote. Others Present Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. 'R MOVED TO APPROVE the agenda as presented. The by COMMISSIONER LINDSEY, and CARRIED by IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KETSCHER MOVED TO APPROVE the minutes of the March 20, 2002 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote. P & Z Minutes: April 17, 2002 Page 1 of 13 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS C) Case 02-008. Request for rezone, in accordance with KIB Code Section 17.72.030, of Lot 11, Blk 2, USS 1995 from R3 — Multi -family Residential to I - Industrial. STAFF indicated twenty-seven (27) public hearing notices were distributed for this case with one (1) being returned indicating no objection. Staff recommended that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. COMMISSIONER LINDSEY MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 11, Block 2, U.S. Survey 1995 from R3-Multi-family Residential to I-hndustrial. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 11, Block 2, U.S. Survey 1995 from R3 Multi -family Residential to I -Industrial, is necessary and justified because the I -Industrial zoning district permits development that: 1. Is consistent with the existing zoning surrounding this property; 2. Will facilitate consolidation of land and uniformity of zoning in anticipation of commercial/industrial redevelopment; 3. Will bring the existing land use into conformity and not create additional non -conforming land uses; 4. Will not result in greater negative traffic impacts. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. P & Z Minutes: April 17, 2002 Page 2 of 13 The 1968 Borough Comprehensive Plan designates this area primarily for Light Industrial Development. This rezone to I -Industrial would be consistent with the comprehensive plan as well as the zoning on surrounding parcels. The motion was SECONDED by COMMISSIONER KETSCHER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. A) Case S02-003. Request for preliminary approval of the subdivision of Tract L, Russian Creek Alaska Subdivision (Plat 69-02) creating Tracts L-1 and L-2, Russian Creek Alaska Subdivision and the vacation of a ten (10) foot wide sewer easement. STAFF indicated nineteen (19) public hearing notices were distributed for this case with none being returned. Staff recommended approval of the preliminary plat subject to five (5) conditions of approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval to the subdivision of Tract L, Russian Creek Subdivision, creating Tracts L-1 and L-2, Russian Creek Subdivision, and vacating the ten (10) foot wide sewer easement crossing Tract L, subject to the conditions of approval contained in the staff report dated April 9, 2002, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Engineering and soils testing for Tracts L-1 and L-2 must be provided prior to final plat approval documenting that this subdivision design can meet ADEC requirements for onsite well and septic systems. 2. As requested by KEA, indicate on the final plat that the flagstem is a utility easement. Indicate also that the flagstem is an access easement benefiting both lots, and create an access easement covering the common driveway benefiting both lots where it is outside of the flagstem, unless a new driveway P & Z Minutes: April 17, 2002 Page 3 of 13 is installed to the house on Tract L-1 that is contained entirely within the flagstem. 3. With the current B-Business zoning, Tract L-1 must be widened approximately 80-90 feet and enlarged so that it can be demonstrated that its non-flagstem, non -wetland area is a minimum of 40,000 square feet to satisfy minimum ADEC requirements for septic installation and to provide for minimal separation distance between wells and septic systems required by ADEC for potential commercial uses. This will require either moving the two sheds or incorporating them into Lot L-1. 4. The two dwellings on Tract L (described as a "house" and a "cabin") must be brought into compliance with KIB and ADEC requirements for septic installation and potable water prior to final plat approval. These two dwellings must also be brought into compliance with zoning and building codes prior to final plat approval. 5. Place a note on the final plat stating: "No fill is permitted in wetlands identified by the U.S. Fish and Wildlife wetlands identification mapping without written authorization from the Corps of Engineers." FINDINGS OF FACT 1. With conditions, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code, as well as the requirements of Titles 13 and 15 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 by COMMISSIONER LINDSEY. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: P & Z Minutes: April 17, 2002 Page 4 of 13 The question was called, and the motion CARRIED by unanimous roll call vote. B) Case 02-007. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040.F (Conditional use), to permit a non -recreational gravel extraction activity located within T27S, R20W, Section 24, Seward Meridian on Monashka Bay Road, otherwise known as the "Vista View Borrow Area." STAFF indicated zero (0) public hearing notices were sent out. Staff recommended that this case be postponed until the June 19, 2002 regular meeting. COMMISSIONER LINDSEY MOVED TO postpone Case 02-007 until June 19, 2002, at which time the case will be re -advertised for a new public hearing. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 02-009. Request for a variance from KIB Code Section 17.06.162 (Airport Clear Zone) to allow a fence and vehicle parking not exceeding six (6) feet high within the airport clear zone OR a variance from KIB Code Section 17.57.040.A (Off Street Parking), in accordance with KIB Code Section 17.66.010, to reduce by eleven (11) the number of parking spaces required for a proposed collision repair shop on Lot 7A-1, USS 3098. STAFF indicated twenty-eight (28) public hearing notices were mailed for this case, and none were returned. Staff recommended, should the Commission determine that the restriction on the use of Lot 7A-1 imposed by the airport clear zone is an "exceptional physical circumstance or condition" as understood within the context of KIBC 17.66.050.A.1 and that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code, the variance should be granted. It should be the Commission's recommendation as to how many spaces the parking requirement should be reduced by, therefore determining how many service bays the shop may contain. ie: reduce by eleven (11) the number of parking spaces required for a proposed twelve -bay collision repair shop (or by seven the number of parking spaces for an eleven -bay shop, or by three the number of parking spaces required for a ten -bay shop). If the Commission cannot make this P & Z Minutes: April 17, 2002 Page 5 of 13 determination, the motion should be voted down, and findings of fact deferred until next month's meeting. COMMISSIONER LINDSEY MOVED TO grant a variance from KIB Code Section 17.57.040.A (Off Street Parking), in accordance with KIB Code Section 17.66.010, to reduce by seven (7) the number of parking spaces required for a proposed eleven -bay collision repair shop on Lot 7A-1, USS 3098, subject to the condition of approval in the supplemental summary statement dated April 15, 2002; and to adopt the findings in the staff report dated April 10, 2002 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. The proposed structure is not permitted to encroach into the twenty-five (25) wide airport parking zone on Lot 7A-1. FINDINGS OF FACT 17.66.050 A.I. Exceptional 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 applicable to the property is the fact that it is located contiguous to the Municipal Airport. The airport clear zone overlaying the rear thirty-five (35) feet of the property effectively makes a substantial portion of the property, which could otherwise be employed to satisfy the parking requirement for the facility as proposed, unavailable to the owner for any use. 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 not allow the applicant to develop a twelve -bay collision repair facility as planned. This will result in practical difficulty for the applicant if he wishes to use the property to its maximum potential. 17.66.050 A.3.The granting 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 the variance would not result in material damage or prejudice to other properties in the area if the maximum number of vehicles stored on the property € awaiting repair is strictly controlled by a condition of approval. Exceeding the Lnumber of vehicles awaiting repair will result in invalidation of the variance and P & Z Minutes: April 17, 2002 Page 6 of 13 subsequent zoning enforcement action strictly limiting to nine (9) the number of bays actively engaged at any one time in collision repair. 17.66.050 AA.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting or this variance will not he contrary to the objectives of the Comprehensive Plan which identifies this area as Light Industrial. 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. In this case, the actions of the applicant have not caused conditions from which relief is being sought by variance. The applicant will not take any action until this variance request has been decided. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Collision repair shops are permitted in the B-Business zoning district. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: David Kubiak, resident: Spoke in favor of a variance. Ronald Chase, resident: Feels the clear zone is not measured by FAA standards. Questioned parking requirements for a body shop. Spoke in favor of applicant's request. Randy Chase, applicant: Outlined his business intent and voiced his agreement with the motion on the floor. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER KETSCHER AMENDED THE MAIN MOTION to grant a variance from KIB Code Section 17.57.040.A (Off Street Parking), in accordance with KIB Code Section 17.66.010, to reduce by eleven (11) the number of parking spaces required for a proposed twelve -bay collision repair shop on Lot 7A-1, USS 3098, subject to the condition of approval in the supplemental summary statement P & Z Minutes: April 17, 2002 Page 7 of 13 dated April 15, 2002; and to adopt the findings in the staff report dated April 10, 2002 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. The proposed structure is not permitted to encroach into the twenty-five (25) wide airport parking zone on Lot 7A-1. FINDINGS OF FACT 17.66.050 A.I. Exceptional 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 applicable to the property is the fact that it is located contiguous to the Municipal Airport. The airport clear zone overlaying the rear thirty-five (35) feet of the property effectively makes a substantial portion of the property, which could otherwise be employed to satisfy the parking requirement for the facility as proposed, unavailable to the owner for any use. 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 not allow the applicant to develop a twelve -bay collision repair facility as planned. This will result in practical difficulty for the applicant if he wishes to use the property to its maximum potential. 17.66.050 A.3.The granting 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 the variance would not result in material damage or prejudice to other properties in the area if the maximum number of vehicles stored on the property awaiting repair is strictly controlled by a condition of approval. Exceeding the number of vehicles awaiting repair will result in invalidation of the variance and subsequent zoning enforcement action strictly limiting to nine (9) the number of bays actively engaged at any one time in collision repair. 17.66.050 AA.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting or this variance will not he contrary to the objectives of the Comprehensive Plan which identifies this area as Light Industrial. P & Z Minutes: April 17, 2002 Page 8 of 13 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. In this case, the actions of the applicant have not caused conditions from which relief is being sought by variance. The applicant will not take any action until this variance request has been decided. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Collision repair shops are permitted in the B-Business zoning district. The amended main motion was SECONDED by COMMISSIONER LINDSEY. The question was called, and the amended main motion FAILED for lack of majority. Three votes yay, one nay. COMMISSIONER BOEHLAND was the nay. The question was called, and the main motion CARRIED by unanimous roll call vote. E) Case 02-010. Request for a rezone, in accordance with KIB Code Section 17.72.030 C. (Manner of initiation), of properties bordered by Panamaroff Creek Drive, South Russian Creek Road, and Cottonwood Circle in Bells Flat from B- Business to RNC-Rural Neighborhood Commercial. STAFF indicated that sixty-five (65) public hearing notices were sent out with three (3) being returned; one speaking against the request and two (2) with clarification questions regarding the request. Staff recommended that the Commission postpone this case for two months, until the June 19, 2002 regular meeting. This is to accommodate the planned absence of staff and to provide adequate time when staff returns to do a through investigation of the mixed -use character of the rezone investigation area. COMMISSIONER LINDSEY asked to be excused from any decisions regarding this case as he has a conflict of interest. He is a partial owner in one of the properties included in this rezone request. Chair did not allow excusal from the postponement vote. COMMISSIONER KETSCHER MOVED TO postpone Case 02-010 until the June 19, 2002 regular meeting, and reschedule for new public hearing at that time. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. P & Z Minutes: April 17, 2002 Page 9 of 13 Public hearing opened: Robert Gunderson, resident: Mr. Gunderson posed questions regarding effect of rezone on gear yards. Staff clarified that a rezone to Rural Neighborhood Commercial would make such a use non -conforming but existing gear yards with be a recognized, grandfathered non -conforming use. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. F) Case 02-011. Request for Planning and Zoning Commission review and recommendation, in accordance with KIB Code Section 18.20.030 A. (Review by Planning Commission -Assembly approval), of a disposal of interest in borough land by easement to permit an access and utility easement not to exceed twenty (20) feet in width across Lot IA, US Survey 3462, to provide the terminus for an underwater communication cable. STAFF indicated thirty-seven (37) public hearing notices were distributed for this request with one (1) being returned in favor of this request. Staff recommends that the Planning and Zoning Commission recommend the disposal of a partial interest, by easement, of the property referenced in this case to the Borough Assembly, subject to the conditions identified by the Community Development Department, in this supplemental staff report dated April 17, 2002. COMMISSIONER BOEHLAND MOVED TO adopt Planning and Zoning Resolution 2002-05, in accordance with Sections 18.20.030 of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a partial interest in Borough land, for fair market value, to Pirelli -Jacobson, Inc., or a certificated communication utility recognized by the Regulatory Commission of Alaska, to create an easement over a portion of Lot IA, U.S. Survey 3462, subject to the five (5) conditions of approval contained in the staff report dated April 10, 2002, based on the findings of fact contained in the staff report for this case dated April 10, 2002. CONDITIONS OF APPROVAL 1. The express intent of the easement is to allow the underground installation, maintenance, operation, repair, and removal of a fiber optic cable or related system components for purposes of telecommunication. P & Z Minutes: April 17, 2002 Page 10 of 13 L XII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: No Comment. COMMISSIONER KETSCHER: No Comment. COMMISSIONER LINDSEY: Attended the recent KEA meeting. COMMSSIONER SELIG: Pleased to know Donna (Bell) is doing well. Wished her well in the future. XIII. ADJOURNMENT CHAIR SELIG adjourned the meeting. The meeting adjourned at 9:45 p.m. ATTEST Erin Whipple, Secretary Community Development Department DATE APPROVED: May 15, 2002. P & Z Minutes: April 17, 2002 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Clarence Seli h Page 13 of 13