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2005-12-21 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING cOMMISSIO REGULAR MEETING DECEMBER 21,2005 MINUTES o IE <<: lEft \Vl IE ~ FEB - 3 2006 lW BOROUGH CLERK'S OFFICE 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 December 21, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Absent Excused Others Present Jerrol Friend - Chair X Mary Ogle, Director David King X Community Development Dept. Casey J anz X Sheila Smith, Secretary Gary Carver X Dennis McMurry X Brent Watkins X Vacant A quorum was established. III. APPROV AL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINGS, and CARRIED 5- O. IV. APPROVAL OF MINUTES COMMISSIONER KING MOVED TO APPROVE the minutes of November 16, 2005. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 5-0. V. AUDIENCE COMMENTS VI. PUBLIC HEARINGS A. Case 03-020. Request for a rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation), of United States Survey 3471 Lot Fl, from RRl- Rural Residential One to RNC-Rural Neighborhood Commercial. This case was postponed at the November 19, 2003 Regular Meeting of the Planning & Zoning Commission. Located at 36158 Chiniak Highway and zoned RRl- Rural Residential One. Staff reported (5) public hearing notices were distributed for this case on November 17, 2005. Staff recommends the Commission forward this request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to one effective clause to provide additional driveway access information. P & Z Meeting Minutes December 21, 2005 Page 1 of 10 l COMMISSIONER JANZ MOTIONED TO APPROVE Case 03-020, a rezone investigation in accordance with KlBC 17.72.030 (Manner of Initiation), of Lot 1, US Survey 3471 from RRI-Rural Residential One to RNC-Rural Neighborhood Commercial, and forward this case to the Kodiak Island Borough Assembly with a recommendation for approval subject to one effective clause, and to adopt the findings contained in this staff report in support of this recommendation. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing open: James Van Atta spoke in favor of his request. Public hearing closed: Regular session open: PROPOSED EFFECTIVE CLAUSE I. Prior to the RNC-Rural Neighborhood zone becoming effective for Lot I, U.S. Survey 3471, the petitioner shall demonstrate to the KIB Community Development Department that the upper portion of the property has legal and physical access by a driveway that complies with Borough Code. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The lot is located in an area designated for commercial development in the 1987 Chiniak Area Comprehensive Plan. The Chiniak Post Office use, although contractual, fits well with the narrative description in the plan which describes commercial use areas that support of the needs of Chiniak residents or which are oriented towards recreation and tourism related business. The petitioner has requested the rezone in order to bring the property into conformity with the existing Post Office use and to allow for future commercial use of the site should the Post Office ever be closed or moved. There are no other commercially zoned parcels in the Chiniak community at the present time. The 1987 plan has designated the vicinity of the Chiniak Post Office and "Road's End" to be commercial since adoption, however no prior rezones have ever been processed for Chiniak prior to the two cases initiated in 2003. Other commercial uses in the area tend to fall in the category of nonconforming use or zoning violation. The proposed rezone will not create any nonconforming land uses or structures. Although there appear to be some pre-existing nonconformities on the site, the setback requirements for the RNC-Rural Neighborhood Commercial zone are identical to the setbacks required in the RRI-Rural Residential One zoning district. P & Z Meeting Minutes December 21, 2005 Page 2 of 10 l 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The RNC-Rural Neighborhood Commercial zone provides the best "fit" with the 1987 Chiniak Area Comprehensive Plan, which describes commercial uses in the Chiniak area as follows: "Business areas have been identified in areas close to but not in conflict with the designated residential areas. The business areas have been identified for two general types of functions: small local business to serve the Chiniak area, and recreation/tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. The designated business areas provide somewhat of a buffer between the designated residential areas and the area designated for marine industrial uses. The two locations selected for this planning category are in the vicinity of the existing post office and the "Road's End". Future business development (other than home occupations) should be located in these two areas, creating "nodes" of development rather than "strip" development." The Chiniak Post Office area is also designated on the plan map accompanying the narrative plan description. Based on this information, the proposed rezone would generally support the objectives the 1987 Chiniak Area Comprehensive Plan. The question was called, and it CARRIED 5-0. B) Case 06-005. Request for a rezone, in accordance with KIBC 17.72.030 (B), of United States Survey 3099, Lot 5C, and unsubdivided portions of United States Survey 3099 Lot 6A, Lot 6B, and Lot 6C from R-1 Single Family Residential to RB-Retail Business. The location is USS 3099 Lot 5C, 2552 Spruce Cape Road; Lot 6B, 2571 Spruce Cape Road; and Lot 6C, 650 Cut- Off Road, and it is zoned R-l Single Family Residential. Staff indicated there were (62) public hearing notices were distributed on November 18,2005. There was a question about the Public Hearing Notices that were sent and information that was included in the packet. One of the adjoining property owners asked staff to see all the letters in support and against the previous Case 06-011 and made copies and asked they be included in this packet. Under Case 06-005 there also seems to be some confusion with a couple of letters not being included in the current packet which we have submitted to you tonight. With this case, the next case 06- 006, and then the previous case 06-011 many people were looking through the files and it appears some letters were taken out of one case file and put into another one. There were one or two that are included tonight. Another issue is information that staff had presented in an exhibit illustrating all vacant business zoned land. This information was taken from the assessment rolls, and these are parcels that have a businessuse designation and are vacant. Staff recommends that the Commission find that this rezone request does not meet the standards for approval of a rezone under KIBC 17.72. P & Z Meeting Minutes December 21, 2005 Page 3 of 10 COMMISSIONER KING MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 5C, USS 3099 and Proposed Lot 2, Cutoff Subdivision from RI-Single Family Residential to RB-Retail Business. COMMISSIONER McMURRY SECONDED the motion. Regular session closed: Public hearing opened: Arnie Shryock spoke in favor of this request. Skip Bolton spoke in favor of this request. Lorna Steeleman spoke opposing this request. Ken Boyer spoke against it. Marietta Coons spoke opposing it. Tom Boyer spoke against it. Donna Ruch spoke opposing it. Debra Boyer spoke opposing it. Michelle Andrews spoke opposing it. Joe Macinko spoke opposing it. Sandra West spoke against it. Carlos Riley spoke in favor of the request. Public hearing closed: Regular session opened: The question was called, and it DENIED 4-1. COMMISSIONER KING MOVED TO ADOPT the findings contained in the staff report dated December 9, 2005 as findings of facts for this case. COMMISSIONER McMURRY SECONDED the motion. 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 owners of the proposed rezone area have submitted numerous reasons why the proposed rezone would be beneficial to their land use needs and desires. Those justifications however, do not adequately take into account the needs and desires of other property owners in the area. Those property owners have predominantly expressed a perception and expectation that the area is slowly moving towards the single family residential ideal, as described in KIBC 17.18. The existence of nonconforming uses and/or structures is not a justification for zoning change, which should be considered on the basis of the comprehensive plan designation for the area. In fact KIBC 17.36 relating to nonconformities specifically indicates that nonconforming uses and structures should be phased out over time in favor of development that conforms to the prevailing planning and zoning designations for the area. P & Z Meeting Minutes December 21, 2005 Page 4 of 10 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. RB-Retail Business zoning is not consistent with the designation of the rezone area for Medium Density Residential and/or Mobile Home Parks. Because of the generalized nature of the comprehensive plan, the Assembly has previously determined in 1984 that this area is designated Medium Density Residential in the 1968 Comprehensive Plan and applied the R1- Single Family Residential zoning district to this area. This zoning designation has survived several past attempts to alter the land uses permitted in the area and as the most consistent zoning designation it should continue to do so until the overall community comprehensive plan is revisited and updated. If at that time a new designation is determined to be appropriate for this area, based on the balanced best interest of the entire community, then and only then should a change of zoning be considered to implement the newly revised land use policy guidance. The question was called, and it CARRIED 5-0. C) Case 06-006. Request for a rezone, in accordance with KIBC 17.72.030 B (Manner of Initiation)of proposed Lots 1 and 3 Cutoff Subdivision, from RI-Single Family Residential to R2- Two Family Residential. The location is portions of Lot 6A, 2582 Spruce Cape Road; 6B, 2571 Spruce Cape Road; and 6C, 650 Spruce Cape Road, U.S. Survey 3099, and it is zoned RI-Single Family Residential. Staff indicated there were (62) public hearing notices were sent out on November 18,2005. This is the Planning Commission's case; however, the property owner has submitted a letter that stated he has no objections to consideration to R2 zoning for these properties being taken off the table. COMMISSIONER WATKINS MOVED TO WITHDRAW Case 06-006 for consideration to rezone, and it was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Arnie Shryock spoke in favor of the request. Lorna Steeleman spoke opposing the rezone. Debra Boyer spoke against the request. Public hearing closed: Regular session opened The question was called and it CARRIED 5-0. D) Case S06-008. Request a re-subdivision of United States Survey 3099 Lots 6A, 6B, and 6C, in accordance with KIBC 16.40, creating Lots 1, 2, and 3, Cutoff Subdivision. Its location is Lot 6A, 2582 Spruce Cape Rd; Lot 6B, 2571 Spruce Cape Rd.; and Lot 6C, 650 Cutoff Rd. U.S. Survey 3099, and is zoned RI-Single Family Residential. P & Z Meeting Minutes December 21, 2005 Page 5 of 10 Staff indicated there were (41) public hearing notices mailed on November 17, 2005. This is a reconfiguration of the existing lots, and staff recommends approval of this request subject to three (3) conditions of approval. The conditions of approval have been reviewed with the applicant to clarify what the intent is. COMMISSIONER JANZ MOVED TO GRANT preliminary approval to the re-subdivision of U.S. Survey 3099, Lots 6A, 6B, and 6C, in accordance with KIBC 16.40, creating Lots 1, 2, and 3, Cutoff Subdivision and including the vacation of two unused utility easements in favor of a new access and utility easement to be created on proposed Lot 3, subject to the conditions of approval contained in the staff report dated December 13, 2005, and to adopt the findings in that staff report as Findings of Fact for this case. COMMISSIONER KING SECONDED the motion. CONDITIONS OF APPROVAL 1. The plat shall be referred to the Kodiak Island Borough Assembly for review of the utility easement vacations as required by KIBC 16.60. 2. Reduce the width of the propose access and utility easement over proposed Lot 3 to 20 feet maximum along the side westerly side lot line. 3. Amend the access easement to grant residential or eliminate the reference to access through the above referenced easement. FINDINGS OF FACT 1. Subject to conditions of approval, 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. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Regular session closed: Public hearing opened: Arnie Shryock spoke in favor of his request. Public hearing closed: Regular session opened: After a brief discussion, the Commission now understands Condition #3 as meaning there is to be a full residential access easement created at this time. The question was called and it CARRIED 5-0. E) Case S06-007. A request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 19A-l, Block 7, Bells Flats Alaska Subdivision creating Lots 19E and 19F, Block 7, Bells Flats Alaska P & Z Meeting Minutes December 21, 2005 Page 6 of 10 Subdivision. Its location is Bells Flats Alaska Subdivision, Block 7, Lot 19A-l, US Survey 2539, and zoned RR1-Rural Residential One. Staff indicated (14) public hearing notices were mailed on November 17, 2005. Upon review of statutes, staff did find that this does comply with applicable subdivision control regulations. Staff recommends approval of this request subject to three (5) conditions of approval. All of the Conditions of Approval relate to the access easement because more than three units would be using this driveway. COMMISSIONER KING MOVED TO GRANT preliminary approval of the subdivision of Lot 19A-1, Block 7, Bells Flats Alaska Subdivision, subject to the conditions of approval contained in the staff report dated December 9, 2005, and to adopt the findings in that staff report as Findings of Fact for this case. COMMISSIONER WATKINS SECONDED the motion. CONDITIONS OF APPROVAL 1. Amend the proposed driveway easement language to designate the area as an access and utility easement to serve Lots 19B through 19F as requested by KEA in the letter dated November 23,2005. 2. Prepare a driveway design, slope and drainage plan for review and approval by the KID Engineering and Facilities Director as described in the memorandum dated December 13, 2005, and submit to the Engineering and Facilities Department for review and approval. 3. Improve the driveway to meet the requirements of the applicable Uniform Fire Code provisions as needed, subject to inspection and approval by the Kodiak Fire Marshal and the Chief of the Womens Bay V olunteer Fire Department. 4. Obtain and record an easement for the driveway encroachment on adjoining Lot 18A which shall be reflected on the final plat prior to filing, or in the alternative, relocated the driveway intersection to be located on the common flag stems for proposed Lots 19E and 19F. 5. Investigate the feasibility of creating a private road easement in lieu of the proposed access (and utility) easement serving Lots 19B through 19D. A private road easement would provide for a methodology to share driveway maintenance, property taxes and snow removal with the other properties benefited by the easement. FINDINGS OF FACT I. Subject to conditions of approval, 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. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with adopted Borough plans for this area. P & Z Meeting Minutes December 21, 2005 Page 7 of 10 Regular session closed: Public hearing opened: Mary Lynn McFarland spoke on her husbands behalf due to him being out of town. Jack McFarland requests postponement for another month so everyone can get a better understanding of the recommendations. February would work best. Public hearing closed: Regular session opened: COMMISSIONER McMURRY MOVED TO POSTPONE Case S06-007 until the Regular Meeting of February 15, 2006. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 5-0. F) Case 06-001. A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2nd Addition Lot I C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G - Screening. Located in Lakeside Subdivision, 2nd Addition, Lot 1C, and zoned I-Industrial. Staff indicated there were (47) public hearing notices distributed on October 11, 2005. Based on the last meeting the Commission requested additional information on how Mr. Russell would comply with the performance standards for this type of use. The sawmill will be powered by a V olkswagen engine with muffled exhaust, and the applicant will build an 8 foot wooden fence or barrier between the sawmill and the residential zone. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called and CARRIED 5-0. (The motion was made at the November 16,2005 Regular Meeting. COMMISSIONER JANZ MOVED TO APPROVE the applicant's screening and development plan relative to the installation of a portable sawmill to be located on Lot 1 C Lakeside Subdivision 2nd Addition, subject to the specific performance standards of KIBC 17.24, further clarified below as Findings for Case No. 06-001, and COMMISSIONER KING SECONDED the motion). VII. OLD BUSINESS A) Draft Amendment of P&Z By-Laws. Ogle stated this is to amend the by-laws, primarily to state the agenda will be placed outside the Community Development door for public review and open door policy compliance, and stating that staff reports for public hearing petitions will be available to the applicant and Commissioners 12 days prior to the public hearing which would be the Friday before the packet review. There is desire to clarify the purpose and intent of the packet review meeting. P & Z Meeting Minutes December 21,2005 Page 8 of 10 COMMISSIONER FRIEND stated there aren't any procedures in the by- laws for the packet reviews and work sessions. It was the general consensus to have Ogle draft some language and review it at next month's work session. B) Draft Amendment of Transient Accommodations. Ogle stated that staffs has completed the first draft of recommended changes and request the Commission review these, think about basic land use issues, what effects changing the zoning and descriptions of definitions may have on areas. These uses could be located in as well as consideration of whether we want to tie the zoning compliance certificates for these uses with the transient accommodation tax issue. We need to see what the code says and then what is actually happening. It might be appropriate to change where uses are permitted if you find they are appropriate to try to eliminate a lot of these non-conformities. COMMISSIONER FRIEND stated he would like to see this go out for public or user comment to who this directly relates to. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER KING MOVED TO ACCEPT communications. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5-0. X. REPORTS Ogle stated she has received some comments based on Glenn's presentation last week on the Coastal Management Plan. The approval of the Coastal Management Plan is going to be on the January Agenda in order to get it to the State on time to comply with the grant regulations and State regulations. Ogle reported she attended the KMXT Communications Committee meeting and sent them a letter requesting these meetings be covered on the radio. Ogle reported the Borough website is being updated and we are soliciting user comments on the usability and content. If you go to the home page there is a link for website comments Ogle also said the Borough has foreclosed on two properties and they are to make a recommendation to the Assembly whether the properties should be deemed for public use intent or if there is no appropriate public use intent then they can be forwarded for disposal. Ogle reported she has been reviewing some Comprehensive Plan documents with the consultant. There will be a press release next week that will describe an overview of the planning process including the website address created for this plan. It will have meeting notes, meeting schedules, updates, drafts of the plan, and an email comment link. It's a good way for the public to follow the process. P & Z Meeting Minutes December 21,2005 Page 9 of 10 Ogle stated staffs solution for the binder density is to have one binder for miscellaneous reference materials that you will keep and a second binder the packet material. The Commission agreed that it's a good idea for them to have the reference material to refer to whenever they need to. COMMISSIONER KING MOVED TO ACCEPT the reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5-0. XI. AUDIENCE COMMENTS J ames Van Atta spoke regarding the B&B parking spaces listed in the draft. He feels two additional parking spaces beyond the normal requirements for a single family dwelling is excessive. XII. COMMISSIONERS' COMMENTS They all wished everyone a very Merry Christmas. VIII. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:25 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING (;,OMMISSION By: ~~B~'/ / Jerrot?riend, Chair ATTEST By: ..~~~g-ns:i:) SheIla Smith, Secretary Community Development Department DATE APPROVED: January 18, 2006 P & Z Meeting Minutes December 21, 2005 Page 10 of 10