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2002-07-17 Regular MeetingL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING JULY 17, 2002 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30p.m. by VICE -CHAIR WILLIAMS on July 17, 2002 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Robert Lindsey Cheryl Boehland Barbara Williams Reed Oswalt A quorum was established. Commissioners not present Clarence Selig — excused Jake Ketscher — excused One vacant seat III. APPROVAL OF AGENDA Others Present Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Miranda Forner, Student Intern Community Development Dept. COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER LINDSEY MOVED TO APPROVE the minutes of June 19, 2002 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. P & Z Minutes: July 17, 2002 Page 1 of 11 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 02-014. Request for a rezone, in accordance with KIB Code Section 17.72.030.0 (Manner of Initiation), of Lot 3, Alagnak Acres Subdivision from R2-Two family residential to R3-Multi family residential. STAFF indicated thirty-nine (39) public hearing notices were distributed for this case with one (1) response received prior to the meeting stating no objection and one (1) response received the night of the meeting containing eight (8) signatures stating objection to the request. Staff recommended the Commission forward this request to the Kodiak Island Borough Assembly with a recommendation for approval. COMMISSIONER OSWALT MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3, Alagnak Acres Subdivision, from R2-Two-family Residential to R3-Multi-family Residential, and to adopt the "Findings of Fact" in the staff report dated June 12, 2002, in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified to provide a more complementary range of uses available on land adjoining a B-Business zoning district. The rezone will not substantially impact the surrounding area as the proposed lots are located along a collector street and the development will not generate undue traffic on local streets serving residential developments in the area. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone will not have an effect on the objectives of the comprehensive plan as prior zoning actions applicable to this property have indicated that the plan is outdated for this area. In addition, the plan indicates medium density residential for a large area contiguous with the rezone area. In interpreting the residential density guideline, it may be appropriate to accommodate the higher density in P & Z Minutes: July 17, 2002 Page 2 of 11 areas that are physically suited to the development and which are in an appropriate land use context. In addition, the predominantly R2 zoning in the surrounding area is mixed with single-family and duplex development so that, taken as a whole, the medium density guideline will be met when the average density of the larger contiguous area is included in a review. The motion was SECONDED by COMMISSIONER LINDSEY. Regular session closed. Public hearing opened: Kathleen Ballenger, resident: Read the letter she presented to the Commission that evening and spoke against this request. Feels granting this request would be spot rezoning and the traffic impact to the area would significantly increase. Perry Page, resident: Spoke against the rezone. He feels the traffic density will be too much should the area be rezoned to R3. Kevin Arndt, agent: Spoke to the reasoning behind this request. Presented himself for questions from the Commission. Also requested that if there were Commissioners considering voting against this request to postpone it until there were more than just four (4) Commissioners in attendance. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER LINDSEY MOVED TO postpone this request until the August 21, 2002 regular meeting. The motion was SECONDED by COMMISSIONER OSWALT. The question was called, and the motion CARRIED by unanimous roll call vote. B) Case S02-006. Request for preliminary approval, in accordance with KIB Code Section 16.40.060, of the subdivision of Lot 3-13, Block 1, Kadiak Alaska Subdivision First Addition creating Lot 3-131, Block 1, Kadiak Alaska Subdivision First Addition, and dedicating a fifty (50) foot wide road right-of-way to be named Roma Way. STAFF indicated forty-six (46) public hearing notices were distributed for this case with one (1) being returned objecting to the request. Based on verbal and written objection received from the State Department of Transportation, staff recommended denial of this request. P & Z Minutes: July 17, 2002 Page 3 of 11 COMMISSIONER BOEHLAND MOVED TO grant preliminary approval, in accordance with KIB Code Section 16.40.060, of the subdivision of Lot 3-B, Block 1, Kadiak Alaska Subdivision First Addition creating Lot 3-131, Block 1, Kadiak Alaska Subdivision First Addition, and dedicating a fifty (50) foot wide road right-of-way to be named Roma Way. The motion was SECONDED by COMMISSIONER LINDSEY. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion FAILED three nays to one yea. COMMISSIONER LINDSEY MOVED TO adopt the finding of fact contained in the Supplemental Memorandum dated July 10, 2002 as the finding of fact in support of the denial of the request for preliminary approval. FINDING OF FACT For reasons of traffic safety, the State Department of Transportation (ADOT) objects to dedication of right-of-way that would create another intersection onto the State highway at this location. ADOT recommends instead that access be provided for the proposed school use on Lot 2 by issuance of a driveway permit utilizing a driveway easement across Lot 3B. The motion was SECONDED by COMMISSIONER OSWALT. The question was called, and the motion CARRIED by unanimous roll call vote. C) Case 502-009. Request for preliminary approval, in accordance with KIB Code Section 16.60.040, of the vacation of Lots 2, 3 and 4, U.S. Survey 3466, creating Lots 1-4, Lake Shore Estates and preliminary approval, in accordance with KIB Code Section 16.60.040, of the vacation of.the access easement located on Lot 2, U.S. Survey 3466. STAFF indicated fourteen (14) public hearing notices were distributed for this case with three (3) being returned supporting the request. Staff stated that postponement was requested by the petitioner prior to the meeting in order to revise his preliminary plat. P & Z Minutes: July 17, 2002 Page 4 of 11 COMMISSIONER OSWALT MOVED TO postpone action on Case S02-009 until the August 21, 2002 Planning & Zoning Commission regular meeting. The motion was SECONDED by COMMISSIONER LINDSEY. The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 02-021. Request for a disposal of interest in borough land by lease, for less than fair market value, in accordance with KIB Code Section 18.40.020.13 (Negotiated Leases), located within the northwest '/4 of Section 6, T29S, R20W, in order to establish a Christmas Tree Farm. STAFF indicated five (5) public agency notices were mailed for this case, and none were returned. Staff noted that, although the Kodiak Soil & Water Conservation District is a nonprofit organization, there were revenue questions that needed answers before moving forward with this request. Also, the Womens Bay Community Council would like to see their Comprehensive Plan updated before anymore development occurs in the Womens Bay Area Therefore, staff recommended postponement of the case until the August meeting of the Planning and Zoning Commission. COMMISSIONER LINDSEY MOVED TO postpone action on this request until the August 21, 2002 regular Commission meeting. The motion was SECONDED by COMMISSIONER OSWALT. 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. E) Case 02-018. Request for a street name change, in accordance with KIB Code Section 12.10.050, assigning the name Lechner way to the unnamed alley right-of- way serving Blocks 54 and 56, East Addition. STAFF indicated that fourteen (14) public hearing notices were sent out for this case with none being returned prior to the meeting. Staff believes this request meets all standards set forth in KIBC 12.10 and recommended adoption of resolution 2002-06. P & Z Minutes: July 17, 2002 Page 5 of 11 COMMISSIONER LINDSEY MOVED TO adopt Planning and Zoning Commission Resolution 2002-06 naming the twenty (20) foot wide alley right-of- way within Blocks 54 and 56, East Addition Subdivision, identified on Plat 58-02, Lechner Way, and to adopt the findings contained in the staff report dated July 1, 2002 as findings of fact for this case. FINDINGS OF FACTS 1. The street name change is supported by a majority of adjacent property owners and the request meets the standards prescribed in KIBC 12.10.050.A. 2. Naming this alley right-of-way Lechner Way is appropriate as a memorial honoring former City Council member Carol Lechner and her contributions to the City of Kodiak. 3. The proposed right-of-way name Lechner Way does not duplicate an existing street name and should not be a source of confusion for responding public safety (E-911) agencies. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Linda Freed, City Manager: Spoke on behalf of the Kodiak City Council in favor of this request and presented herself for questions. 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 S02-012. Request for preliminary plat approval of vacation of Municipal Tract A, East Addition Townsite Survey, U.S. Survey 2538 A & B, and of a portion of Chichenoff Street, creating Municipal Tract A-1, East Addition Townsite Survey, U.S. Survey 2538 A & B. STAFF indicated eighteen (18) public hearing notices were distributed for this request with none (0) being returned prior to the meeting. Staff believes this request meets all conditions necessary and recommends approval subject to one condition of approval. P & Z Minutes: July 17, 2002 Page 6 of 11 COMMISSIONER BOEHLAND MOVED TO grant preliminary approval to the vacation of Municipal Tract A, East Addition Townsite of U.S. Survey 2538 A & B, and of a portion of Chichenoff Street, creating Municipal Tract A-1, East Addition Townsite, of U.S. Survey, 2538 A & B, subject to the condition of approval contained in the staff report dated July 1, 2002, and to adopt the findings in that staff report as "Findings of Fact" for this case. CK�7017 Y Y 8)&T1J-W M-1' ' 1 11 11 1. Approval of City Council as specified in KIBC 16.60.060.A. 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. 4. This vacation of unimproved right-of-way is appropriate since all adjacent private properties have primary access via Malutin Lane. The vacation portion of right-of-way will be dedicated to an alternative public purpose to facilitate municipal park development. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Linda Freed, City Manner: Presented herself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. G) Case 02-020. Request for a rezone, in accordance with KIB Code Section 17.72.030 C. (Manner of initiation), of Tract A, within Lots 15 and 24, U.S. Survey 2539 from B-Business to LI-Light Industrial. P & Z Minutes: July 17, 2002 Page 7 of 11 STAFF indicated five (5) public hearing notices were distributed for this request with none being returned prior to the meeting. 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 Tract A, a portion of Lots 15 and 24, U.S. Survey 2539, from B-Business to LI-Light Industrial, and to adopt the "Findings of Fact" in the staff report dated July 10, 2002, as part of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The change is justified because the LI-Light Industrial zone is a minor zoning change that trades a wide range of commercial uses for a more limited mix of commercial and (light) industrial uses. The development standards of the two districts are similar in terms of setbacks and bulk requirements. The zone change would meet the expressed needs of the petitioner/landowner, as well as the perceived need of the overall Kodiak community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This area is not addressed by the 1968 to 1999 Kodiak Island Borough Comprehensive Plan. This rezone, like the 1990 rezone that established Tract A as a B-Business district, is based upon an evaluation and analysis of the site context, development trends and other general planning criteria that are extrapolated from the applicable comprehensive plan elements. The requested amendment, as a minor zone change, would have no significant impact on the objectives of the comprehensive plan. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Anthony Drabek. Agent: Presented himself for questions. Hearing and seeing none. P & Z Minutes: July 17, 2002 Page 8 of 11 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 There was no new business. IX. COMMUNICATIONS A) Letter dated June 3, 2002 from Jim and Nancy Wells to Duane Dvorak regarding similar use determination for I -Industrial Zone. B) Letter dated June 17, 2002 from Duane Dvorak to Jim and Nancy Wells regarding similar use determination for I -Industrial Zone. C) Letter dated July 3, 2002 from Paul Horwath to John Bova regarding United Soil Recycling, Inc.'s soil remediation facility at Bruhn Point and their conditional approval to receive and treat soil. D) Letter dated July 10, 2002 from Bob Scholze to Ken Warner regarding a required play area for mobile home park. E) Letter dated June 6, 2002 from Martin Lydick to Dawn Black regarding Erdman Mobile Home Park and title 17 clarification. There were no further communications. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE RECEIPT of items A through item E of Communications. The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: • Packet review work session August 14, 2002 at 7:30 p.m. in the Borough conference room. • Regular meeting August 21, 2002 at 7:30 p.m. in the Assembly Chambers. • Work, session with Assembly, August 8, 2002 at 7:30pm in the conference room. • ATV Stakeholder committee open house to discuss registration July 30, 2002, 4:00pm to 7:00pm. P & Z Minutes: July 17, 2002 Page 9 of I 1 w Staff also reported that no applications have been received for the vacant city seat on the Commission but that an application has been faxed to Donna Bell, who is doing well. There were no further reports. XI. AUDIENCE COMMENTS Perry Page, resident: Felt like case 02-020 was spot zoning and wondered when the Commission and City started naming alleys. Kathleen Ballenger, resident: Questioned when case 02-014 would be heard again. Commissioner Lindsey responded that his motion was postponement for one month. Staff clarified a few other questions regarding notification and testifying next month. XII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: No comment. COMMISSIONER OSWALT: Invited everyone to attend the August 8th work session. Feels it will be a good time to voice or listen to and comment on what takes place in the community. COMMISSIONER LINDSEY: Apologized for missing several work sessions. Mentioned that he'd been hearing quite a few comments regarding different proposals in Bells Flats. Feels that energy should be dedicated to revising the Womens Bay Comp Plan. Also commented that he would like to see Department of Transportation comments on case 02-014 before making a decision. COMMISSIONER WILLIAMS: Thanked Assembly member Pat Branson for attending the meeting. Encouraged the community to attend the work session on August 8th Thanked fellow commissioners for bearing with her during the meeting. XIII. ADJOURNMENT VICE -CHAIR WILLIAMS adjourned the meeting at 8:35pm. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: _ LLeI7 larence Selig, h P & Z Minutes: July 17, 2002 Page 10 of 11 ATTEST By. �L�1 ^l� Erin Whipple, Secretary Community Development Department DATE APPROVED: September 18, 2002. P & Z Minutes: July 17, 2002 Page 11 of 11