Loading...
2005-09-21 Special Meeting KODIAK ISLAND BOROUGH rBJ [E (G [E ~ Wi [E ~; PLANNING AND ZONING COMMISSION lfl} OCT?! REGULAR MEETING SEPTEMBER 21, 2005 '- , MINUTES 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 September 21, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend - Chair David King Reed Oswalt Gary Carver Dennis McMurry Brent Watkins Casey Janz Excused Absent Others Present Mary Ogle, Director Community Development Dept. Duane Dvorak Community Development Dept. Sheila Smith, Secretary Community Development Dept A quorum is established. III. APPROVAL OF AGENDA COMMISSIONER McMURRY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED 7-0. IV. MINUTES OF PREVIOUS MEETINGS COMMISSIONER CARVER MOVED TO APPROVE the minutes of August 17, 2005, and COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 7-0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Nick Sandin, Kodiak Softball Association, President, spoke to the need for three (3) baseball fields in Kodiak. He requested one with a 300 foot fence adult field without a mound on it, and grass put on the field at East Elementary field with covered dugouts. The Kodiak Softball Association, Kodiak High School, and the senior league have been competing for field time at BaranofPark because it's the only adult field in town. PUBLIC HEARINGS A. Case 06-011. A request to rezone, per KIBC 17.72.030 (C), United States Survey 3099 Lot 5C, and unsubdivided portions of United States Survey 3099 Lot 6A, Lot 6B, and Lot 6C from R-l Single Family Residential to LI Light Industrial; and to rezone unsubdivided portions of United States Survey 3099 Lot 6A, 6B, and Lot 6C from R-l Single Family Residential to R-2 Two Family Residential, in accordance with KillC 17.72.030. P & Z Meeting Minutes: September 21,2005 Page 1 of6 Staff reported ninety-eight (98) public hearing notices were distributed for this case on August 11,2005 with fifty-seven (57) negative responses were returned. Staff would like to clarify that Public Hearing Notices are sent to each address, and some of the responses were from husband and wife. The petitioners have submitted an additional document since last weeks work session. Staff wasn't clear if this was a formal request to amend the rezone but staff has not provided any additional analysis based on this document so you will hear from the petitioners this evening and decide what to do with this case, and decide whether it needs further investigation on this basis. The petitioner's have brought in additional petition information with four individuals have changed their positions as staked out in the earlier petition. These things seem to be subject to certain conditions that were explained and are self explanatory. Staff reviewed this case and you can note on the first page that there is an extensive zoning history for this area. Staff wanted to highlight the history of this area because there has been a lot of zoning activity here and staff felt it was relevant for the commission and public to know this. In looking at the actual rezone area the lots are fairly good sized and there is a companion subdivision that would consolidate these lots together. However, in reviewing the request for Light Industrial zoning staff did not find this request to be in conformity with the Comprehensive Plan, which is a generalized document and in many cases designates certain types of land use by bubble diagrams, in addition there is language in the plan that defines certain things such as medium density residential has been defined as Rl and R2 zoning with a 7200 sq. foot lot minimum and a 60 foot lot width. It is clear what the recommendation is in the plan from staffs perspective. Staff felt the same plan existed through all the zoning history for this property that was presented here. We usually don't go further back than the '68 Comprehensive Plan because it's the best historical document that we have that identifies land use patterns before the plan was in place. Staffs position is the plan is the plan until it is replaced. It is what we have been discussing recently, there has been monies appropriated and grant monies allocated to do a new comprehensive plan, but the comprehensive is a legal document that provides certain sideboards to land use decisions. It needs to be followed or amended. The zoning use in the area, one of the properties is identified as having a nonconforming use located there. Part of the nonconforming use has been indicated as potential justification for the rezone. As a nonconformity, the intent of the nonconformity chapter is that nonconformities will go away eventually over time when they are abandoned or redeveloped in conformity with the existing codes. The property has been nonconforming for quite a number of years. The code doesn't put an amortization period on these types of things, but basically it goes against the intent of the nonconformity chapter to legitimize nonconformity by rezoning it to another classification. Both the light industrial zone or the R2 zone, which the R2 zone would be considered consistent with the plan designation if it wasn't for the fact that it was only requested for the one lot, and that would be a spot zone. Both the zoning request may constitute a spot zone just because of their limited nature. It's not a matter of square footages just that a property owner or a small handful of property owners somehow get treated differently than the P & Z Meeting Minutes: September 21, 2005 Page 2 of6 neighbors in the area or maybe to the detriment of the neighboring properties. Staff found land suitability to be suitable for any number of uses, Light Industrial or Residential A lot of zoning history came about when water and sewer were extended out to the area that allowed the increased density of single family and further out Spruce Cape Rd you see R2 lots in the Woodland Acres area that were rezoned about the same time because the advent of water and sewer made those zoning densities viable and were consistent with the Comprehensive Plan. Staff didn't find the request to be consistent with the Comprehensive Plan, nor consistent with the expectations of people in the area, and many have expressed sentiments against the rezone. Staff has recommended against the rezone and provided recommended findings in the staff report for your consideration. COMMISSIONER JANZ MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 5C, USS 3099 and Proposed Lot 2, Cutoff Subdivision from Rl-Single Family Residential to LI-Light Industrial and the rezoning of Proposed Lot 1, Cutoff Subdivision from RI-Single Family Residential to R2- Two Family Residential, and it was SECONDED by COMMISSIONER McMURRY. Regular session closed: Public hearing open: Arnold Shryok, a petitioner that spoke in favor of the rezoning, submitted a copy of the proposal to the Commissioners and additional comments from residents who had a change of mind in his favor. Ralph (Skip) Bolton, spoke in favor of the rezone. His warehouse is located 2552 East RezanofDrive, which is the place in question on lot 5C. Debora Boyer spoke opposing the rezone. Debora and her husband Tom Boyer circulated a petition around to neighbors opposing the rezone. Tom Boyer spoke opposing the rezone. Public hearing closed: Regular session open: After a lengthy discussion on the different options, the commISSIOn was in agreement they would like more time to research the best way to approach this case. COMMISSIONER OSWALT MOVED TO POSTPONE this case until the October regular meeting, and it was SECONDED by COMMISSIONER KING. The question was called, and it CARRIED 7-0. B) Case S06-001. Request reversion to acreage to vacate a utility easement, per KIBC 16.60, and approval of preliminary plat, according to KIBC 16.40, to subdivide US Survey 3099, Lots 6A, 6B, 6C creating Cutoff Subdivision, Lots 1 & 2, US Survey 3099. Staff indicated there were fifty (50) public hearing notices were distributed on August 11, 2005 with no written response returned. As indicated this request is to consolidate three (3) lots into two (2) and to vacate certain utility easements that P & Z Meeting Minutes: September 21, 2005 Page 3 of6 are designated on the plat. Staff noted there were some deficiencies on the preliminary plat; however, the principle deficiency that resulted in the recommendation had to do with the description ofthe easements for vacation and the lack of utilities shown on the plat. He did hand out the letter from KEA objecting to one of the easements being vacated. The easements are shown there graphically, but they weren't given any dimensions, and so this is kind of a representation and presumably is to scale, but the data requirements of the preliminary plat procedure actually require a little more specificity than that. Presumably that information could have been obtained from the previous plat or taken from an easement document if they weren't platted easements. Staff recommended that this plat be returned to the petitioner for the addition of the additional information requested, particularly with the regard to the easements and utility issues. The easement questions, usually relate to whether or not there are utilities in those easements. KEA's letter would lead one to believe there's a utility that bears on that easement, and ifthere is it should be shown on the plat. After a brief discussion, the commission decided to return the plat to the petitioner. COMMISSIONER CARVER MOVED TO RETURN the preliminary plat submitted in Case S06-001 to the subdivider for the purpose of revisions to include the information required per 16.40.010 A ~ 2, and COMMISSIONER OSWALT SECONDED the motion. Regular session closed: Public hearing opened: Shryok stated that the plat is subsidiary to the request, obviously without a rezone to Light Industrial or R2 for the whole thing, it would not be an appropriate plat and he would not want to submit that. Public hearing closed: Regualr session opened: Dvorak stated that there seems to be some sense that the subdivision replat is related to the rezone, and although we are talking about returning it to the petitioner that would usually mean that we wouldn't bring it back on the agenda until they submitted some additional information, and so if this plat is returned to the petitioner the petitioner should understand that it won't go anywhere until they bring something back to us so that the timing will be in their hands. The question was called on the main motion, and CARRIED 7-0. VI. OLD BUSINESS A. Capital Improvement Process for 2006 - 2010. The committee discussed items on the CIP list, the review process, and the method of scoring, possible additions to the list, and their concerns. Once completed, it will be forwarded to the Borough Assembly for adoption. COMMISSIONER WATKINS MOVED TO ADD three new softball fields to the CIP List, with two of those being the 300 foot adult fields, and the P & Z Meeting Minutes: September 21, 2005 Page 4 of6 Commission rescored the Anton Larsen Bay Road Extension to Ice Free Port. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 7-0. COMMISSIONER OSWALT MOVED TO FORWARD TO THE ASSEMBLY the Capital Improvement Project List. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 7-0. VII. NEW BUSINESS There was no new business. VIII. COMMINICATIONS A. Letter from Martin Lydick to Mr. Art Zimmer regarding a complaint filed. B. Letter from Martin Lydick to Mr. L.L. Russell regarding a complaint filed. COMMISSIONER CARVER MOVED TO ACCEPT Communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7-0. X. REPORTS Ogle stated last Friday was the deadline for the Request for Proposals for the Comprehensive Plan Update, and three proposals were received. Homeland Security Grant made it possible to coordinate and participate in the two day Emergency Response Tabletop Exercise with members of the local emergency response teams, Borough officials, City officials, police, fire, hospital, and about forty people. Processing of the Borough land for disposal has been requested. It will include sites the Assembly wants to go through Planning & Zoning for possible rezoning and subdividing, and will be brought forward in November, ifnot in January. COMMISSIONER CARVER MOVED TO ACCEPT reports as submitted. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 7-0. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONER'S COMMENTS COMMISSIONER OSWALT said his son in Houston, Texas is bracing for huge disaster. COMMISSIONER JANZ was impressed with the Kodiak Island Housing Authority presentation. COMMISSIONER McMURRY asked if we have time to do research on our by-laws or should we work on them again Ogle stated the research that she found out is the idea of adjusting the by-laws was discussed at a work session, but that's where it ended. It was just discussed, no formal proposals, no text edits were done. She looked through the records and talked to staff that has been in the office a number of years and that's what happened. It was discussed, but never acted on. But, if you would like to look at them again it's your prevue. Just direct staff. P & Z Meeting Minutes: September 21, 2005 Page 5 of6 COMMISSIONER McMURRY stated that he would like to make a recommendation to look at them again and straighten them out again because he knows that it was voted on, but we will do it again. COMMISSIONER KING said the Gravel Task Force Meeting is on Wednesday the 28th and he will be there. Ogle stated if we have it scheduled. We made two attempts to have Gravel Task Force meetings, which it is a group assembled by the Borough Assembly. They have eighteen (18) months to find new gravel sources within the community. We haven't been able to get a quorum for those meetings. COMMISSIONER CARVER won't be able to attend the Gravel Task Force meeting or the next P&Z work session because he will be out of town. COMMISSIONER WATKINS stated that we have talented kids in our community that could really use some scholarships. We could develop some kind of competitive program to run ideas by them to see what their best idea is with a $1000 or $2000 scholarship for the best idea for that year. Instead of spending $50,000 off island we could get a lot of the same ideas from them, and then take it to an engineer to have them do the final design. It could save the Borough a lot of money. We could maybe steer some of these kids back into the community and give them some ownership. VI. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZO / G CO ISSION By: " ATTEST -. . ( By:"" n. -~ ....f p .. " . - t i (:>J... k ( \. >~. n ) L,--'-', _ Sheila Smith, Secretary Community Development Department DATE APPROVED: October 19,2005 P & Z Meeting Minutes: September 21, 2005 Page 6 of6