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2002-09-18 Regular MeetingL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING SEPTEMBER 18, 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 September 18, 2002 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Clarence Selig -Chair Barbara Williams — Vice Chair Robert Lindsey Cheryl Boehland Reed Oswalt Jake Ketscher A quorum was established. Commissioners not present One vacant seat III. APPROVAL OF AGENDA Others Present Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Staff requested that New Business item C be moved to be included in public hearing item D. COMMISSIONER KETSCHER MOVED TO ACCEPT the change in the agenda. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by majority voice vote, five (5) yays to one nay. COMMISSIONER LINDSEY was the one nay. COMMISSIONER OSWALT MOVED TO APPROVE the agenda as amended. The motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. P & Z Minutes: September 16, 2002 Page 1 of 12 IV. MINUTES OF PREVIOUS MEETING Regular meeting of July 17, 2002: COMMISSIONER WILLIAMS MOVED TO APPROVE the corrected minutes of July 17, 2002 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. Regular meeting of August 21, 2002: COMMISSIONER KETSCHER requested that a correction be made on page 5, second full paragraph, end of last sentence should read: "...COMMISSIONER KETSCHER was the only yay." COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of August 21, 2002 as corrected. The motion was SECONDED by COMMISSIONER KETSCHER, and carried by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Mike Sirofchuck, Chairman, Parks & Recreation Committee: Spoke regarding New Business items A & B, Parks & Recreation Resolutions 2002-03 & 2002-04. Addressed the Committee's reasoning behind these resolutions and encouraged the Commission to support them on their way to the Assembly. VI. PUBLIC HEARINGS A) Case S02-009. Request for preliminary approval, in accordance with KIB Code Section 16.40.060, 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 fifty (50) foot wide road and utility 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 expressing approval of this request. Staff recommended modified approval of this request subject to eight (8) conditions of approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval to the vacation of Lots 2, 3 and 4, U.S. Survey 3466 creating Lots 1 through 4, Lakeshore Estates Subdivision, subject to the eight (8) conditions of approval contained in the Supplemental Memorandum dated September 18, 2002; and to adopt the finding in that memorandum as "Finding of Fact" for this case. P & Z Minutes: September 16, 2002 Page 2 of 12 CONDITIONS OF APPROVAL Prior to final plat approval, zoning compliance and building permits, as well as applicable inspection reports and/or certificate of occupancy required by the Building Department, must be obtained for the conversion of the occupied garage on proposed Lot 2 into a single-family house. Occupancy will be discontinued until these requirements are satisfied. 2. Within eight (8) months (by May 18, 2002), applicable inspection reports and/or certificate of occupancy required by the Building Department must be issued for conversion of the bam on proposed Lot 3 to a single-family residence, or it must be otherwise brought into compliance with Title 17- Zoning. Absent this, zoning enforcement action will be initiated. 3. As required by KIBC 16.40.050B.3.a.ii, place a note on the final plat stating: "Further subdivision of Lots 3 and 4 is prohibited as long as they rely on dual, back-to-back flagstems for driveway access." 4. Plat additional road easement on proposed Lots 1 and 2, Lakeshore Estates, as indicated by the "eyebrow" cul-de-sac on the revised preliminary plat dated August 12, 2002. At a minimum, Uniform Fire Code (UFC) requirements for emergency vehicle access and maneuvering must be satisfied as determined by the Fire Marshal. 5. The forty (40) foot long container van currently located within the road and utility easement on proposed Lot 2 must be removed from the easement, and, if it is relocated on the property, that must be done with issuance of applicable permits and in conformity with setback requirements. 6. Plat a utility easement ten (10) feet to the outside of the existing water and sewer distribution lines crossing the easterly corner of Lot 2, U.S. Survey 3466 (proposed Lot 4, Lake Shores Estates), expanding the existing utility easement specific to these lines from twenty (20) to thirty (30) feet width. The vacation of the road and utility easement is subject to Assembly approval as outlined in KIBC 16.60.060. 8. Final plat approval is contingent on a statement of non -objection from ACS indicating that the concern registered in the September 3 d and September 17t1i e-mails has been addressed. P & Z Minutes: September 16, 2002 Page 3 of 12 COMMISSIONER OSWALT SECONDED the motion. Regular session closed. Public hearing opened: Stan Smith, applicant: Presented himself for questions and spoke in support of the request. Verbally agreed to the eight (8) conditions of approval. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER LINDSEY MOVED to recommend that the Kodiak Island Borough Assembly approve the vacation of the fifty (50) foot wide road and utility easement on Lot 2, U.S. Survey 3466, effective upon recording of the final plat creating Lots 1 through 4, Lake Shore Estates Subdivision and to adopt the finding in the Supplemental Memorandum dated September 18, 2002 as "Finding of Fact' for this case. COMMISSIONER OSWALT SECONDED the motion. The question was called, and the motion CARRIED four yays to two nays. The two nays were Mr. Ketscher and Ms. Boehland. B) Case 02-023. Request for a review of the zoning appeals code, Section 17.90.010, determining how a person may appeal certain administrative decisions under KIBC Title 17 and a review of Section 17.03.090 (Similar Use Determinations) to consider making all similar use determinations a public hearing process before the Planning & Zoning Commission. Staff believed that Commission should recommend to the Assembly that KIBC 17.03.090 be amended to eliminate Subsection A and reword Subsection B to make all similar use determinations the jurisdiction of the Planning and Zoning Commission as a public hearing review. In addition, Staff recommended the Commission postpone any action on KIBC 17.90.010 until the next regular meeting and expand the review to include K113C 17.75 as part of that discussion. COMMISSIONER LINDSEY MOVED TO recommend the Kodiak Island Borough Assembly amend K113C 17.03.090 as follows: 17.03.090 Similar uses may be permitted.A. Land uses other gian these speeifiea4ly permitted in a disbiet in to Vuv listed L be allowed if they are similar P & Z Minutes: September 16, 2002 Page 4 of 12 ..:ty deyel...aa...eiiA depai4f.e..t to be n fails- h ' vuuuwaua� aavav vraaavaau vrau uaavau w vv .aai+iiaui�ii�.zim av[vi —R+ia B.A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. * C.B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. * Note: Proposed new language to be added by amendment is so indicated by underlining. KETSHER SECONDED the motion. Regular session closed. Public hearing opened: Sheila Roberts. Womens Bay Community Council Member: Read a letter from the Womens Bay Community Council that was submitted to the Commission that evening. Spoke in support of the revisions to this code. Also provided suggestions for the revision of the appeals code. William Roberts. Womens Bay Community resident: Spoke in favor of a revised appeal code. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER LINDSEY MOVED to postpone action regarding KIBC 17.90.010 until the next regular Commission meeting and to expand the scope of review to include KIBC 17.75 as part of this review. COMMISSIONER OSWALT SECONDED the motion. The question was called, and the motion CARRIED by unanimous roll call vote. C) Case 02-010. Request for a rezone, in accordance with KIBC Section 17.72.030.A (Manner of Initiation), of properties bordered by Panamaroff Creek P & Z Minutes: September 16, 2002 Page 5 of 12 Drive, South Russian Creek Road, and Cottonwood Circle in Bells Flat from B- �l Business to RNC-Rural Neighborhood Commercial. STAFF indicated that this case was postponed from the June 2002 meeting to allow more time for input. Sixty-five (65) public hearing notices were originally distributed for this case with eight (8) being returned. Four (4) expressed strong opposition, two (2) suggested nothing been done until the Womens Bay Comp plan is completed and two (2) had questions regarding the implications of a rezone. A letter from the Womens Bay Community Council was also received asking that this rezone case wait until the completion of the Womens Bay Comp plan. Staff believed that request should be postponed until revision of the Womens Bay Comprehensive Plan. Staff also indicated that there seemed to be some confusion amongst most responders as to the reason for and implications of the rezone. COMMISSIONER WILLIAMS MOVED TO withdraw case 02-010. COMMISSIONER BOEHLAND SECONDED the motion. 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 02-024. Review and adopt by resolution a Capital Improvements Projects list for fiscal years 2004-2008. STAFF indicated that the Community Development Department director and other staff members developed a list, which was submitted to the Commission that evening. The list was primarily the list from FY 2003 — 2007 with completed projects removed from the list and recommendations from the Parks & Recreation added to the list. Staff recommended the Commission review and revise the list to suit their desires then vote to forward the list to the Assembly. (Ten (10) Minute Recess) COMMISSIONER WILLIAMS MOVED TO approve Planning & Zoning Commission resolution 2002-06 and forward it to the Kodiak Island Borough Assembly with the recommendation for inclusion in the Fiscal Year 2004-2008 KIB Capital Improvements Program. P & Z Minutes: September 16, 2002 Page 6 of 12 COMMISSIONER OSWALT SECONDED the motion. Regular session closed. Public hearing opened: Patti Kirkpatrick, 2001 rodeo queen and fairgrounds user: Spoke to the need for the requested fairground improvements. Added, in addition to the report submitted to the Commission earlier, that this property is a borough facility, owned by the Kodiak Island Borough. All fairground facilities are deteriorating. . Mike Sirofchuck. Parks & Recreation Committee Chairman: Spoke to the need for the parks and recreation capital projects that were recommended by the Committee. The attempt was to address the recreation needs and desires of the community. Dennis McMurrv, Kodiak Rodeo and State Fair Association president: Spoke to the need for the requested fairground improvements and the reason the facilities have deteriorated as they have. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER LINDSEY MOVED to amend Resolution 2002-06 to read, starting at bold Recreation/Trails, items 1-8, (inserted above item 1) and ending at bold Cultural to include a paragraph stating that these CIP proposed projects are merely proposed by the Parks & Recreation Committee and have not been fully considered by the Commission. COMMISSIONER OSWALT SECONDED the amended motion. The question was called, and the amended motion FAILED three (3) yays to three (3) nays by roll call vote. The question was called on the main motion and the motion FAILED three (3) yays to three (3) nays by roll call vote. COMMISSIONER LINDSEY directed staff to investigate discussing the CIP list at the KIB Assembly's September 26`h worksession. VII. OLD BUSINESS A) Case 02-014 — Findings of Fact for the denial of the following request: P & Z Minutes: September 16, 2002 Page 7 of 12 Request for preliminary approval, in accordance with KIB Code Section 16.40.060, of the subdivision of Lot 7A, Block 4, Monashka Bay Subdivision, creating Lots 7A-1, 7A-2, 7A-3, Block 4, Monashka Bay Subdivision; and request, in accordance with KIB Code Section 16.60.040, for the vacation of easements on Lot 7A, Block 4, Monashka Bay Subdivision, specifically the 50 foot wide road and utility easement bisecting the property and a fifteen (15) foot wide portion of the 25 foot wide road and utility easement running along the southeast (back) lot line of Lot 7A. Staff recommended the Commission adopt Findings of Fact as presented. The findings were provided by the Commissioners and each finding was credited to the Commissioner who provided it. COMMISSIONER WILLIAMS MOVED to adopt findings of fact, as contained in the supplemental summary statement, dated September 17, 2002, in support of the Planning and Zoning Commission's denial of the preliminary plat in Case S02-014, at its August 21, 2002 regular meeting. FINDINGS OF FACT 1. There was no articulated reason why the Borough should subdivide this parcel, rather than having a private developer do this. (Commissioner Ketscher) 2. Public sentiment in the neighborhood opposed the proposed subdivision. (Commissioner Ketscher) 3. The proposed subdivision would have created unsafe road conditions, both on Sawmill Circle and in areas above this subdivision. (Commissioner Ketscher) 4. One lot in the proposed subdivision was less than two acres in size, which is out of character with the neighborhood. (Commissioner Ketscher) 5. One lot in the proposed subdivision was less than two acres in size, and would not be able to support the necessary well and septic system, which is required in this neighborhood. (Commissioner Ketscher) 6. The plat presented for Case S02-014 was denied because of adverse public testimony and a concern for public safety. (Commissioner Oswalt) 7. After evaluating the comments received during public testimony, concern for public safety was the principal reason for denying the above referenced request. (Commissioner Williams) P & Z Minutes: September 16, 2002 Page 8 of 12 8. Observation of the proposed subdivision leads to the conclusion that the proposed driveway area is at the highest point of the property. Even at only 50 feet in width this looks like the primary intent is rock extraction, not property value or long term quality of the overall subdivision. (Commissioner Lindsey) 9. In the absence of the applicant or his agent, there was no source of information to mitigate the safety concerns presented by public comment, whether they are real or imagined. Traffic concerns were a unanimous concern of the public present. (Commissioner Lindsey) 10. Soil conditions in the area are not well suited for septic system development. (Chair Selig) COMMISSIONER LINDSEY SECONDED the motion. The question was called, and the motion CARRIED by unanimous roll call vote. VIII. NEW BUSINESS A) Parks and Recreation Committee Resolution 2002-03, Tract G rezone and dedication. Staff outlined the request from Parks & Recreation and stated that the Committee was requesting the Commission forward this to the Kodiak Island Borough Assembly with their support. Staff did not make a recommendation on this case. COMMISSIONER WILLIAMS MOVED to forward Parks and Recreation Committee Resolution 2002-03 to the Kodiak Island Borough Assembly for approval. COMMISSIONER BOEHLAND SECONDED the motion. The question was called and the motion CARRIED by voice vote, four (4) yays to one (1) nay with Commissioner Oswalt passing on the vote. Commissioner Ketscher was the only nay. B) Parks and Recreation Committee Resolution 2002-04, White Sands Beach, existing zone enforcement. Staff reported that the Parks & Recreation Committee adopted this resolution based on feedback they had received from the general public regarding off -road vehicle use in this area. Upon researching the issue it was discovered that the property in question is zoned Natural Use, which prohibits off -road vehicle use. The are simply asking that signage be placed to enforce the existing zoning. The Parks and Recreation Committee is asking that this resolution be forwarded to the P & Z Minutes: September 16, 2002 Page 9 of 12 Kodiak Island Borough Assembly with the Commission's support. Staff did not make a recommendation on this request. COMMISSIONER BOEHLAND MOVED to forward Parks and Recreation Committee Resolution 2002-04 to the Kodiak Island Borough Assembly for approval. COMMISSIONER WILLIAMS SECONDED the motion. The question was called and the motion CARRIED by voice vote, four (4) yays to two (2) nays. Commissioners Lindsey and Oswalt were the nays. IX. COMMUNICATIONS A) Letter from Martin Lydick to Mr. & Mrs. Donald Lakings regarding letter of courtesy and advisory. B) Letter from Martin Lydick to Ms. Betty Lorenson regarding letter of courtesy and advisory, with additional clarification. C) Letter from Martin Lydick to Mr. & Mrs. Donald Lakings regarding denial of application for zoning compliance. There were no further communications. COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE receipt of item A through item C of Communications. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: ■ September 25, 2002 joint work session with Parks and Recreation Committee, 7:00pm in the KIB Conference Room. ■ September 26, 2002 attendance at Assembly work session, 7:30pm in the KIB Conference Room. ■ October 9, 2002 work session at 7:30 p.m. in the KIB Conference room. • October 16, 2002 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. P & Z Minutes: September 16, 2002 Page 10 of 12 XI. AUDIENCE COMMENTS Dennis McMuMy Kodiak Rodeo State Fair Association: Wanted to clarify for the Commission that KRSFA is not part of the Parks & Recreation Committee and wanted to confirm their request is in the appropriate place on the CIP list. Staff clarified the CIP classification groups. XII. COMMISSIONER'S COMMENTS COMMISSIONER OSWALT: Everything is calm and quiet. COMMISSIONER KETSCHER: Appreciates Womens Bay Community Council's participation, especially with making specific recommendations and being able to present those. Respectfully disagreed with some of the statements made by representatives of that organization regarding the fact that they view hiring a lawyer to represent their property rights and interests is a violation of their equal protection rights. He understands their concerns but does not consider it a true hardship to have to hire an attorney to protect their rights. Does believe that the Commission does need to explore other types of administrative review at the Borough level. Invites other interested parties (in addition to the Womens Bay Community Council) to participate in the Planning & Zoning Commission processes. Regarding the capital improvements list, he felt the things they (the Commission) had given the most thought to throughout the year were the items the Parks and Recreation Committee had provided. Felt that most other items were just thrown in from last year. Felt that the list should be reviewed a lot more and there have not been many communications from other entities (i.e. villages). Doesn't feel the items not reviewed should be forwarded on to the Assembly as being part of their priority without some discussion. Feels that if, in the next week, communications aren't received from other interested parties expressing interest in the items they may not be warranted to be included on the list. Felt that thus far, Parks and Recreation was the only organization that had provided feedback and was hard pressed to forward the list as it stood at the time. COMMISSIONER LINDSEY: Stated it was interesting to sit there are watch the board (Commission) mature. It's a process in which they are also seeing the maturation of a new form of government. Anticipates greatly the advancement of the Commission's education. Makes a plea for people, rather than just simply rely on government as a reactive tool to be contributing along the way. Felt that everyone could have been working on the Womens Bay issue for quite some time. They (Commission) need to explore paths to keep people participating in the process. The Commission is putting a face on what's viewed as "The Borough". Would like to make the personal time and energy investments of the Commissioners count. P & Z Minutes: September 16, 2002 Page 11 of 12 COMMISSIONER BOEHLAND: Thanked Staff for their work in helping her understand the cases. COMMISSIONER WILLIAMS: Thanked everyone who attended the meeting. Would like to see more people from the community come to the work sessions and regular meetings. Asked that the community communicate with the Commissioners, even if they don't have a case on the agenda. Thanked fellow commissioners and Staff for a very productive meeting. COMMISSIONER SELIG: As Chairman, welcomes Commissioner input. Thanked Staff for helping them through the evening. Stated that you can either be inactive, proactive or reactive and sometimes you have to be reactive. Thinks the Commission is a really productive group that has really grown and come together. They will strive to keep that in the future. Feels the Commission is very solid and is doing the best job it can for the community. XIII. ADJOURNMENT CHAIR SELIG ADJOURNED the regular meeting at 10:20 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: & larence Selig?Chal ATTEST By:� Erin Whipple, Secretary Community Development Department DATE APPROVED: October 16, 2002. P & Z Minutes: September 16, 2002 Page 12 of 12