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2006-03-15 Regular Meeting KODIAK ISLAND BOROUGH ~~ ~ IE 8 W lE ~ PLANNING AND ZONING COMMISSIOl' 0 REGULAR MEETING MARCH 15,2006 APR 2 8 2006 MINUTES I. CALL TO ORDER BOROUGH CLERK'S OFFICE The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on March 15,2006 in the Borough Assembly Chambers. II. ROLL CALL Commissioners J errol Friend-Chair David King Gary Carver Brent Watkins Casey Janz Dennis McMurry Gary Juenger Present Absent Excused Others Present X Mary Ogle, Director X Community Development Dept. X Sheila Smith, Secretary X Community Development Dept. X X X A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER McMURRY. It was SECONDED by COMMISSIONER WATKINS, and it CARRIED 6-0. III. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6-0. IV. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes of February 15, 2006 as presented. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 6-0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS VI. PUBLIC HEARING There were not audience comments and appearance requests. A. Case 06-010. The applicant is William Bacus. A request for a rezone, in accordance with KIBC 17.72.030, 17.72.030.C, 17.72, 17.18, and 17.21, of Lot 26B United States Survey 3098, from RI-Single Family Residential to B- Business. The location is U.S. Survey 3098, Lot 26B, and it is zoned RI-Single Family Residential March 15, 2006 P & Z Meeting Minutes Page 1 of 8 Staff reported (19) public hearing notices were distributed for this case on February 8,2006. The original application had the existing zoning as Rl, but after staff began to review this case and the history of the parcel it was discovered the true zoning is unclassified and if not that it would be RRl. There needs to be further investigation as to the existing zoning. Rezones were done in 1972 in groups and it appears that this parcel and several others that are jointed were left out in the large rezones that occurred, so perhaps they were left as unclassified zoning. Staff recommended this case be postponed for a month to allow it to be re-advertised and notification to clarify the record of the existing zoning, but the request is still to change to B-Business zoning. COMMISSIONER KING MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B, USS 3098 from RI-Single Family Residential to B-Business Zoning District COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it was DENIED 6-0. COMMISSIONER FRIEND stated this case needs to be looked into further as far as traffic impacts, buffer zones and screenings. He feels they should postpone this case. He requested from staff maps showing Lots 26C and 26D where the existing zoning is in question. Staff stated that staffs concern is they have requested but haven't received more detailed information of exactly what the applicant intends to do with the property. The applicant requested B-Business zoning but we need more detailed information to make sure the way the zoning ordinances are set up there are certain standards based on the type of use, not just the zoning district. COMMISSIONER CARVER MOTIONED TO POSTPONE consideration of Case 06-010 until the April 19,2006 Regular Meeting of the Planning & Zoning Commission allowing for the re-advertisement of the request with the correct current zoning. COMMISSIONER KING SECONDED the motion, and it CARRIED 6-0. B. Case S06-011. The applicant is Northland Ranches, Inc. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of U.S. Survey 4964-Kalsin Bay creating Northland Ranch Subdivision, Lots 1 thru 7 and Tract A, U.S. Survey 4964. The location is 32233 Pasagshak Road, U.S. Survey 4964- Kalsin Bay and is zoned C-Conservation. Staff reported (1) public hearing notice was mailed on February 9, 2006. This is a standard subdivision that staff has reviewed and it appears to be compliant with the requirements of the subdivision control ordinance. There are a number of March 15, 2006 P & Z Meeting Minutes Page 2 of 8 miscellaneous easements and/or notes that need to be added to the plat. Those are conditions of improvements that were in your staff reports about the existing electrical easements that need to be identified. KEA is requesting a 40 foot easement, and just various notes about existing and proposed easements need to be on the plat. Staff recommends approval of this request subject to the four conditions of approval. A brief discussion. COMMISSIONER JANZ MOVED TO GRANT preliminary approval, subject four (4) conditions of approval contained in the staff report dated March 6, 2006, and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CONDITIONS OF APPROVAL 1] Identify on the face of the plat the existing electrical easements per KEA's request. 2] Record and identify on the face of the plat the forty (40) foot wide electrical easement providing for service to proposed Lot(s) 2 & 3, per KEA's request. 3] Add a plat note plat to the effect that the owners of Lot(s) 1, 2, & 3 expressly agree to the future conversion of the "access and utility easement", common to Lot(s) 1,2, & 3, to a dedicated public right of way upon request by the Kodiak Island Borough. 4] Add a plat note to the effect that future development on any lot may require ACOE determination of wetlands impact. 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. This plat meets all the requirements of Title 17 of the Borough Code. 2. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 6-0. C. Case 06-012. The applicant is Sawmill Storage, Inc. The agent is Chris Lynch. Request a rezone, in accordance with KIBC 17.13, 17.27, 17.72, 17.72.030, and 17.72.030.C, of Lot 1 Sawmill Subdivision from C-Conservation to LI-Light March 15,2006 P & Z Meeting Minutes Page 3 of 8 l Industrial. The location is Sawmill Subdivision, Lot 1, and it is zoned C- Conservation. Staff reported that typically for requests for rezones adjoining property owner notification is sent out at a minimum of 300 feet but at a standard practice 500 feet surrounding the perimeter of said parcel and/or site. In this instance, the notification was not done at 500 feet, so because of that and the need to keep adjoining property owners notified and allow them to attend the public hearing staff recommends the Commission postpone action of this case until next month's agenda to allow for new notification be sent out. Staff has notified applicant's representative and she has no objections. COMMISSIONER JUENGER MOVED TO POSTPONE action on Case 06-012 until the April 19, 2006 regular meeting and to re-advertise this case to all property owners within 500 feet of the exterior boundaries of the proposed rezone area. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing open: Jeannie Dennis lives at 1624 Marmot Drive and she spoke opposing this rezone. Public hearing closed: Regular session open: Discussion of the storage units, space rental, and a small sawmill. COMMISSIONER KING stated there is a lot more than that out there. On the back of the application the owner stated they would like to use the property primarily for warehousing and storage. Ogle stated she has conducted a site visit to investigate existing land uses on the property and it will be in next months staff report.. The question was called, and it CARRIED 6-0. D. Case S06-012. The applicant is the Vulcan Company. Request a preliminary approval, in accordance with KIBC 16.40, of the subdivision of USS 2539, Lot 29A creating Seaview Estates, Lots 1 thru 11, and Tract A. Location is U.S. Survey 2539, Lot 29A, Womens Bay and it is zoned RRI-Rural Residential One Staff reported (3) public hearing notices were mailed on February 10, 2006. Preliminary approval was given to this subdivision previously in a different format. The applicant wants to reconfigure some of these lots, which would be Lots 1 through 11 and Tract A. Staff recommends approval of this request subject to five conditions of approval. Some of the conditions come from the reviewing agencies regarding easements, access roads and water testing. During the discussion COMMISSIONER JUENGER expressed concerns over the steepness of the slope in the proposed subdivision and concerns over slope stability regarding Case S06-012. COMMISSIONER CARVER expressed similar concerns, and mentioned that he has been following a recent case in Sitka where landslide cased damage to homes and litigation may be directed at the Borough March 15,2006 P & Z Meeting Minutes Page 4 of 8 COMMISSIONER WATKINS MOVED TO GRANT preliminary approval of the subdivision of Lot 29A, U.S. Survey 2539, creating Lots 1 through 11 and Tract A, Seaview Estates, subject to the conditions of approval contained in the staff report dated March 6, 2006, and adopting the findings in that staff report as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing open: Barry Still spoke representing the Vulcan Company. Public hearing closed: Regular session open: Conditions 1. Obtain approval for access to State maintained rights of way from the State of Alaska Department of Transportation and Public Facilities prior to final plat approval. 2. Engineering and soils testing for Lots 1 through 11 and Tract A, Seaview Estates must be provided prior to final approval, documenting that this subdivision design can satisfy ADEC requirements for onsite well and septic systems. 3. Submit a solid waste disposal plan for review and approval by the Engineering and Facilities Department, prior to final plat approval. 4. Provide the documentation required in KIBC 16.40.080 for private road easements, which shall be reviewed by the Planning and Zoning Commission at a public hearing prior to final approval of the subdivision. 5. Obtain approval for public safety access from the local State Fire Marshal representative through the City of Kodiak Fire Department. Findings of Fact 1. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with the applicable requirements of KJBC Title 16. 2. This plat provides a subdivision of land that is consistent with the applicable requirements ofKIBC Title 17 zoning. 3. This plat is substantially consistent with the applicable Borough plans in the area. The question was called, and it CARRIED 6-0. E. S06-0l3. The applicant is John and Doreen Heine. Request a preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 10, Block 6, Miller Point Subdivision, 151 Addition. The location is Miller Point Subdivision, Block 6, Lot 10.4031 E. Rezanof and is zoned R3-Multi Family Residential. March 15,2006 P & Z Meeting Minutes Page 5 of 8 Staff reported (53) public hearing notices were mailed on February 9, 2006. This is a standard two lot subdivision. Staff has found that it appears to be compliant with the subdivision control ordinance. There are some questions about access. Weare trying to clarify some of these internal traffic patterns with the preliminary plat. Staff recommends approval ofthis request subject to conditions of approval. COMMISSIONER CARVER MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 10, Block 6, Miller Point Subdivision, 151 Addition and the creation of Lots lOA and lOB, Block 6, Miller Point Subdivision, 151 Addition, subject to the conditions of approval contained in the staff report dated March 3, 2006, and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: A brief discussion. CONDITIONS OF APPROVAL 1. Place a note on the plat restricting access from Lot lOB to Briggs Court only. 2. Abandon the existing driveway connecting proposed Lot lOA with Rezanof Drive East. If a reciprocal driveway is still desired an appropriate easement can be shown on the final plat so long as it conforms to condition of approval #1 above. 3. Plat a drainage easement along the entire length of the 24" culvert that is underlying proposed Lots lOA and lOB that is 10 feet from the centerline on both sides of the culvert. 4. Remove all existing structures and additions that are in violation of the front yard setback requirement on proposed Lot lOA or, in the alternative, obtain a variance for the additional encroachments that have been created since June 5th, 1980. 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. Subject to conditions of approval, 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. March 15,2006 P & Z Meeting Minutes Page 6 of 8 l The question was called, and it CARRIED 6-0. VII. OLD BUSINESS A. Draft Amendment of Transient Accommodations Staff is requesting an additional month of research to be completed for the new option trying to create a scenario where there will be a single family residence with other family owned lodges on the same parcel. Staff needs to review this with the borough attorney. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS A. Letter of thanks from James Van Atta dated February 17, 2006. COMMISSIONER JANZ MOVED TO ACCEPT communications as presented. It was SECONDED by COMMISSIONER KING, and it CARRIED 6-0. X. REPORTS Staff reported that the Womens Bay Community Meeting at Peterson Elementary School was last week. About 50 people attended to review the final or latest draft of the plan. Staff received some good direction and clarification of the intent of the community. It will be a couple of months before the plan will be before you for adoption based on the comments received at the meeting. Staff reported there was the Community Emergency Exercise yesterday. She thanked all City, Borough, DEC, responders, our consultants, and the Coast Guard for their participation in the community exercise. The exercise is to ensure the emergency operations procedures, the responders and emergency services organizations work appropriately in the event there is a natural disaster and/or a Homeland Security breach. Staff reported the fiber optic cable is now being laid in the Mill Bay Beach area. COMMISSIONER CARVER MOVED TO ACCEPT reports as submitted. It was SECONDED by COMMISSIONER JANZ, and it CARRIED 6-0. XI. AUDIENCE COMMENTS William Bacus spoke in favor of his request on Case 06-010. XII. COMMISSIONERS'COMMENTS Gary Juenger thanked everyone that showed up tonight. Dave King thanked staff for the hard work they put in on the Womens Bay Community Meeting at Peterson Elementary. Com Fish opens tomorrow. Gary Carver also thanked Mary, Duane, and Sheila for their very efficient and effective meeting at Peterson. It was a very productive meeting. March 15,2006 P & Z Meeting Minutes Page 7 of 8 Brent Watkins asked for Mr. Bacus' patience. We just want to make sure it is solved. He was happy with the way things went at the Womens Bay Community Meeting. Staff did a good job. Jerrol Friend also told Mr. Bacus that they just want to make sure everything is right and maybe take care of some of the other problems at the same time. He asked Ogle if the commission will get the plan at least a week ahead of when they recommend it go ahead. Ogle stated they will get it at least a month ahead of time to allow enough time to read. XIII. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:15 p.m. KODIAK ISLAND BOROUGH PLANNIN:c;7 ZONm~ MIS)ON By: /" ~ ATTEST . r;::;--,\ By: ~s:)he&oDn, tei..J Sheila Smith, Secretary Community Development Department DATE APPROVED: April 19, 2006 March 15,2006 P & Z Meeting Minutes Page 8 of 8