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2006-05-17 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING MAY 17, 2006 MINUTES o ~(G~U\YllE~ JUN 2 9 2006 [W BOROUGH CLERK'S OFFICE CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on May 17, 2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Jerrol Friend - Chair David King Casey J anz Gary Carver Dennis McMurry Brent Watkins Gary Juenger x Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. x X X X X X A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER'S FRIEND, CARVER, AND McMURRY. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4-0. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED 4-0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the April 19th minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4-0. PUBLIC HEARINGS A. Case S06-016. A preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 3, Kalsin Bay Estates creating Lots 3A thru 3 E. The location is Kalsin Bay Estates, Lot 3, U.S. Survey 2878, and it is zoned C-Conservation. Staff reported (4) public hearing notices were distributed for this case on March 29, 2006. Ogle stated this is a five lot subdivision. Staff is making a positive recommendation with a number of conditions that staff has concerns on, which are enumerated in the staff report. Primarily, having an Army Corp of Engineer judgment on the wetlands area and what the parameters are. Another concern is how Lot 3C is going to gain access. There isn't any easement or right of way indicated, so we presume they will try to use the beach. They would need permits, so this is one of the conditions of approval. Ogle took this to Parks & Recreation last night, and they identified an old state right of way easement. Parks & Recreation Committee's recommendation is either this be maintained for public use or if they create new driveways or a road that that will be available for public access to the May 17, 2006 P & Z Meeting Minutes Page 1 of9 State property. We are also concerned about storm surge and/or tsunami, so we recommend they investigate that and the guidelines are followed. COMMISSIONER JANZ MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates, creating Lots 3A, 3B, 3C, 3D, and 3E, Kalsin Bay Estates, subject to the conditions of approval contained in the staff report dated May 3, 2006 and to adopt the Findings of Fact in that same report as Findings of Fact for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Grant Shields (agent) spoke on behalf of the applicant. He also asked staff questions regarding the subdivision process. Public hearing closed: Regular session open: COMMISSIONER WATKINS MOVED TO AMEND the main motion to include the existing road along Lot 3C, 3D, and 3E along the beach berm and along the northwestern property line of Lot 3E for public access or with a reasonable alternative road. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4-0. I. Place a note on the final plat restricting residential development, as follows: a. Proposed residential dwelling development on the "Beach Uplands" of Lots 3C, 3D, and 3E shall be reviewed by a qualified engineer, registered in the State of Alaska, who will certify by a stamped written determination that the development will not be located in an area that is vulnerable to flooding or tsunami. In the alternative, if the proposed development is determined to be located in an area subject to flooding or tsunami, the engineer will certify that the development has been designed to withstand a 100-year flood or a typical tsunami event without substantial risk to life or property. 2. Obtain a driveway permit from ADOT/PF for the use of the residual right-of-way along the head of Kalsin Bay. Research the location and width of the residual easement and show the easement by reference on the final plat where it abuts Lots 3C, 3D and 3E. If there is no ADOT/PF right-of-way abutting the lots, obtain an access permit for right-of-way purposes from the Alaska Department of Natural Resources similar to those required in other subdivision cases. 3. Prior to developing roads, driveways or substantially disturbing the soils on the site, obtain a wetlands/tidelands jurisdictional determination from the U.S. Army Corps of Engineers as indicated in the preliminary determination dated April 25, 2006. 4. Prior to final plat approval, the subdivider will have the site investigated by a qualified soils engineer to certify that all of the proposed lots have access to adequate potable water supply and are capable of sustaining an on-site septic system that complies with ADEC regulations. If any lot requires an engineered system to comply with ADEC regulations a plat shall be required to be placed on the final plat denoting this condition for the affected lot(s). May 17, 2006 P & Z Meeting Minutes Page 2 of9 5. Obtain written approval of the private road design and construction from the State Fire Marshal. This is the City of Kodiak Fire Chief for the Kodiak "Road System" by agreement with the Kodiak Island Borough. 6. Approval of a Private Drive Easement "Written Agreement and Covenant", as required by KIBC 16.40.080. 7. Provide a 50-foot wide utility easement along the rear lot line of Lots 3D and 3C as requested by KEA in the letter dated April 3, 2006. 8. Provide a 10-foot wide utility easement along the common lot line between Lots 3A and 3B as requested by ACS in the response dated AprilS, 2006. 9. Include the existing road along Lot 3C, 3D, and 3E along the beach berm and along the northwestern property line of Lot 3E for public access or with a reasonable alternative road. FINDINGS OF FACT 1. Subject to conditions of approval, this plat can meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to the approval of Variance Case 05-009 and subdivision conditions of approval, this plat can meet all the requirements of Title 17 of the Borough Code. The question was called on the main motion, and it CARRIED 4-0. B) Case 06-013. Request for a an appeal, per KlBC 17.90, of a staff decision citing the violation of zoning code 17.03.020, conformity with regulations required. The location is Island Lake Subdivision, Block 2, Lot 4. 3231 Ptarmigan Pass St., and it is zoned RI-Single Family Residential. Staff indicated there were (59) public hearing notices were distributed on April 11, 2006. Ogle reported the department sent a notice of violation for having a duplex which is not permitted in Rl zoning. When Mr. Zimmer applied for the permits he indicated it would be a single family residence. Mr. Zimmer stated he thought the property was rezoned to R2 when part of his neighborhood was rezoned to R2 in 2000. It went to the P&Z for about 7 months before it finally went to the Assembly. Around October of that year, P&Z changed the boundary of the rezone area. After much discussion, his property is still Rl. Mr. Zimmer and his neighbors have filed for a rezone and it will be on the June Agenda. Staff believes this request does not meet the conditions necessary to reverse the Director's Findings and Determination, as reflected in the Notice of Administrative Determination of Zoning Violation dated March 16, 2006. COMMISSIONER WATKINS MOVED TO AFFIRM the decision of the Community Development Director that the construction and occupation of a Two Family (duplex) Residence in an R-l Single Family Residential Zoning District violates KlBC 17.03.20 - Conformity with Regulations Required, and to adopt the Findings of Fact contained in the Staff Report dated April 28, 2006, and Findings of Fact for Case 06-013. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: May 17, 2006 P & Z Meeting Minutes Page 3 of9 Art Zimmer spoke against the zoning violation. Lorna Arndt spoke regarding her past rezone case. Public hearing closed: Regular session opened: The Commission had a discussion regarding the zoning violation The question was called, and it FAILED 3-1. COMMISSIONER JANZ MOVED TO AFFIRM the decision of the Community Development Director that the construction and occupation of a Two Family (duplex) Residence in an R-l Single Family Residential Zoning District violates KIBC 17.03.20 - Conformity with Regulations Required, and to adopt the Findings of Fact for Case 06-013. COMMISSIONER WATKINS SECONDED the motion, and CARRIED 4-0. FINDINGS OF FACT [1] The Appellant applied for, and was granted, Zoning Compliance Permit No. BZOO-061 dated August 3, 2000, for the construction of a Single Family Residence. [2] Zoning Compliance Permit BZOO-061 identifies the applicable zoning district as R-l Single Family Residential Zoning District. [3] The Appellant applied for, and was granted, Building Permit No. BB2001-16 dated August 3, 2000. [4] Building Permit No. BB2001-16 identifies the use of the building authorized by the permit to be a Single Family Residence. [5] On October 25, 2005, the Building Official noticed the Appellant in writing that the construction undertaken at 3231 Ptarmigan Pass St. did not comply with the zoning district (R-l Single Family Residential Zoning District) regulations. [6] The Appellant, in written response to the Notice of Administrative Determination of Zoning Violation (dated March 16, 2006), confirmed the construction and occupation of a Two Family (Duplex) Residence located at 3231 Ptarmigan Pass St. The question was called on the motion, and CARRIED 4-0. C. Case 06-014. Request a rezone, in accordance with KIBC 17.72.030 B (Manner of Initiation), of Tract 0, Russian Creek Alaska Subdivision from B-Business to RRI-Rural Residential One. The location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned B-Business. Staff reported (10) public hearing notices were mailed on April 14, 2006. Ogle stated this is the Gondek property where there were concerns that you will see in the next case, which is a subdivision. It is currently zoned B-Business. Staff has to take the review of the subdivision based on what it was zoned as of that day. It is the intent of the property owner and the applicant to have it rezoned for a residential zone. Because of the extenuating circumstances, the Commission made a motion to initiate a rezone to RRl. Staff done a review based on the nature of the property, its location, and mixed business use. Staffs recommends approval of this rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. May 17, 2006 P & Z Meeting Minutes Page 4 of9 COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract 0, Russian Creek Alaska Subdivision, from B-Business to RRI-Rural Residential One, and to adopt the Findings of Fact in the staff report dated April 25, 2006 in support of this recommendation.. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch (agent) stated she can answer any questions they may have for her. Public hearing closed: Regular session opened 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 because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B-Business land that is undeveloped or under-developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RRI-Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of rural residential use and there appears to be more than adequate B-Business area remaining to serve the community's needs. The question was called, and it CARRIED 4-0. D. Case S06-014. Request preliminary approval, in accordance with KIBC 16.40, of the subdivision of Tract 0, Russian Creek Alaska Subdivision creating Panamaroff Creek Estates, Lots 1 thru 4, U.S. Survey 2539. The location is 1059 PanamaroffCreek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned B-Business (Rezone investigation to RRl- Rural Residential One pending). Staff reported (10) public hearing notices were mailed on March 6, 2006. Ogle stated staff is recommending approval with conditions to address some concerns with the wetlands and what effect that will have on the functional building sites and/or driveways for this site. They want to make sure no construction activity happens on Lot 2's wetland area, and all the appropriate permits are obtained. COMMISSIONER JANZ MOVED TO GRANT preliminary approval of the subdivision of Tract 0, Russian Creek Alaska Subdivision, creating Lots 1 through 4, Panamaroff Creek Estates, subject to the conditions of approval contained in the staff report dated May 4, 2006, and to adopt the May 17, 2006 P & Z Meeting Minutes Page 5 of9 findings in that staff report as "Findings of Fact" for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened Chris Lynch spoke in support of this request. Public hearing closed: Regular session opened CONDITIONS OF APPROVAL 1. Place a note on the final plat referencing the U.S. Army Corps of Engineers (COE) wetland jurisdictional determination by its assigned COE file number and the authorization under Nationwide Permit (NWP) No. 39 and indicating the applicable conditions of that approval by the letter designations referenced in the COE letter dated June 6, 2005. 2. Place a note in the final plat stating: "No fill is permitted in wetlands identified by the U.S. Army Corps of Engineers without written authorization from the U.S. Army Corps of Engineers. 3. Place a note on the plat prohibiting the flag lots from further subdivision as required by Kille. 4. The plat will not be granted final approval until a rezone of Tract 0 to RRI-Rural Residential One is approved by the KIB Assembly. 5. Designate the flag stem access as a utility easement as requested by KEA and ACS. 6. Designate the 50-foot stream buffer depicted on the preliminary plat and required by the U.S. Army Corps of Engineers as an easement on the final plat. FINDINGS OF FACT 1. Subject to conditions of approval, this plat can meet 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 can meet the minimum 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. The question was called, and it CARRIED 4-0. E. Case 06-012. 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 Industrial. The location is 1667 Monashka Bay Road, Sawmill Subdivision, Lot 1, and it is zoned C-Conservation. May 17, 2006 P & Z Meeting Minutes Page 6 of9 l Staff reported the notification area was expanded to show Marmot Drive and its tributaries with 36 Public Hearing Notices being sent out on April 27, 2006. Topographical and aerial maps are included to see where the dried up lake bed falls in relationship with this property and the landfill. Staff has been made aware of issues and concerns of water quality, and type of material that mayor may not be in the fill. One issue that deals with this site is there appeared to be a nonconforming use of an automotive repair business that has since been removed from the property. There were also some automotive structures, which was unclear to staff whether or not those structures were associated with the automotive repair business or if that constituted its own use, which is not permitted being a junk or salvage yard. Today staff observed a significant amount of those materials have been removed from the property. Staff recommends the Commission forward this request to the Assembly for its consideration along with a recommendation for approval. Staff has been made aware that DEC is investigating this site. DNR of Oil Spills & Contaminated Sites and EP A have also been made aware of the situation. She also said it appears they were in compliance on the Exception cases. COMMISSIONER JANZ MOVED TO FORWARD Case 06-012 to the Kodiak Island Borough Assembly with a recommendation to approve a rezone of Lot 1, Block 1, Sawmill Subdivision from C-Conservation to LI-Light Industrial and to adopt the findings contained in the staff report dated February 16, 2006 as "Findings of Fact" for this case. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened Chris Lynch said Mr. Oswalt has been working with DEC to address any concerns that have been taken to him, and the auto repair shop has been moved from this location. She also said there is approximately 200, 000 gallons in 4 separate ponds for fighting a fire, but would require a dry hydrant be installed. Tia Leber stated the residents of the area met 10 days ago and formed a petition against the rezone that was submitted to the Commission, which she read. The concerns are regarding water and ground contamination, and fire hazards. David Sundberg stated he is in opposition to this rezone request because this land has been used as an illegal landfill with un-segregated content. Derrick Barnes asked if the Borough is going to bring in City water when the well water is so contaminated it can't be used. Cathy Cordry said she is concerned for the health and safety for these residents, and we need to hold everyone in our community to the same standards and not reward people for violating our codes. Mary Sundberg read their request to deny Case 06-012 and Findings of Fact that the residents compiled and submitted to the Community Development Dept. regarding this case, and asked for the Commission to adopt these findings of fact. Doug Mathers continued reading these findings of fact. Penny Fish also continued reading the findings of fact. Nadene Ellswory finished the reading. Public hearing closed: Regular session opened The Commission discussed their concerns. May 17, 2006 P & Z Meeting Minutes Page 70f9 l The question was called, and the vote was Ayes; COMMISSIONER KING, Noes: COMMISSIONERS JUENGER, WATKINS, AND JANZ. COMMISSIONER KING changed his vote to no; motion FAILED 0 Ayes, 4 Noes. F. Case 06-010. Request a rezone, in accordance with KIBC 17.72.030, 17.72.030.C, 17.72, 17.18, and 17.21, of Lot 26B, U.S. Survey 3098, from RRI-Rural Residential One to B-Business. The location is 2316 Mill Bay Road, U.S. Survey 3098, Lot 26B, and it is zoned RRI-Rural Residential One. Staff reported this is continued from the last meeting and a motion has been made. COMMISSIONER FRIEND has submitted (3) Findings of Fact to be adopted if you so choose. COMMISSIONER JANZ MOVED TO ADOPT the Findings of Fact for Case 06-010, which reads: I. This lot has no access to or from Bancroft as all the other residential lots in the area. 2. This lot is adjacent to business property and has more in common with the adjoining business property then the residential property, given the only access for this property is from Mill Bay Road. 3. Allowing this rezone will not have any adverse effects on the surrounding properties. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4-0. OLD BUSINESS A) Transient Accommodation Code Staff reported from the previous meetings there was discussion about creating a scenario for family recreational compounds, creating a new zoning definition. Staff has concerns about relating zoning land use law to a family structure. Defining families and having zoning regulations associated with family there is a lot of case law about how to deal with that. It is her understanding you can proceed as staff has recommended with the code changes in her memo dated to you May 5, 2006 or you can continue again to pursue other options. The Commission had a brief discussion. COMMISSIONER WATKINS MOVED TO FORWARD the amendments to Title 17 located in the memo from Community Development Director dated May 5, 2006 to recommend approval to the Kodiak Island Borough Assembly for a code change. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 4-0. COMMISSIONER KING MOVED TO RECOGNIZE the six (6) Criteria, as set out below, and to adopt the Findings #1 as Findings of Fact for Variance Case No. 05-007. COMMISSIONER OSWALT SECONDED the motion. NEW BUSINESS There was no new business. COMMUNICATIONS Staff reported these are communications regarding notice of findings and determinations, and various enforcement actions being pursued. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. REPORTS Ogle stated the latest Kodiak Launch Complex Environmental Statement has been completed and can be reviewed in the Community Development Dept. and the Public Library. May 17,2006 P & Z Meeting Minutes Page 8 of9 Ogle also said the Parks & Recreation Committee wants to have ajoint meeting with the P&Z to discuss their progress and their recommendations on the Parks & Open Space Ordinance. Meeting Schedule: . June 14,2006 work session at 7:30 p.m. in the KIB Conference Room. . June 21,2006 regular meeting at 7:30 p.m. in the Assembly Chambers. AUDIENCE COMMENTS Dave Sundberg asked if the findings were going to be adopted tonight. Ogle stated that an option would be to adopt the proposed public findings that were submitted. You can also use some of the comments that came from some of the commissioners for the rationale for denial. They could be formed as Findings of Fact. After a discussion, it was the general consensus to postpone the findings. COMMISSIONER WATKINS MOVED TO POSTPONE Findings of Fact for Case 06-012 Sawmill Circle rezone to our next meeting. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4-0. COMMISSIONERS COMMENTS WATKINS was glad to see a good turnout. JANZ hopes for good weather for Crab Fest. JUENGER stated thanked the vice chair for stepping forward and thanked staff for their input. KING thanked Ogle for helping him to get through tonight and he thanked everyone for coming. ADJOURNMENT VICE CHAIR KING ADJOURNED the regular meeting at 9:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZON~O~SION By:, ~ Friend, Chair ATTEST By:0h~'~~ Sheila Smith, Secretary Community Development Department DATE APPROVED: June 21,2006 May 17, 2006 P & Z Meeting Minutes Page 9 of9