Loading...
2003-10-15 Regular Meeting . . . KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI REGULAR MEETING OCTOBER 15,2 MINUTES o ~lClEl'MlErm MAY28.lW 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 October 15, 2003 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Michelle R. Steams, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Gary Carver Jerrol Friend Cheryl Boehland Dennis McMurry Reed Oswalt A quorum was established. Commissioners not present Jake Ketscher COMMISSIONER CARVER MOVED TO EXCUSE Commissioner Jake Ketscher. The motion was SECONDED by COMMISSIONER OSWALT and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER OSWALT MOVED TO APPROVE the minutes of September 17, 2003 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. P & Z Minutes: October 15, 2003 Ii Page 1 of8 . . . V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Casey J anz, Worn ens Bay Resident: Spoke regarding the Womens Bay Comprehensive Plan Update. VII. . PUBLIC'HEARINGS A) Case 03-019. Request for several variances in accordance with KIB Code 17.66, relating to parking requirements, curb cut distances, and setbacks as described on the plat dated 8/1/03 accompanying the application, describing proposed redevelopment of Tract B, U.S. Survey 2538B. STAFF reported one hundred twenty-eight (128) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff recommended the Commission grant several variances. COMMISSIONER OSWALT MOVED TO grant the following variances, in accordance with KIBC 17.66.050, and to adopt the findings contained in the staff report dated October 8, 2003 as "findings-of-fact" for this case: 1. A variance from KIBC 17.57.050 to permit off-street parking spaces, as noted on the revised site plan dated October 7, 2003, to encroach into the adjoining Hillside Drive and Pillar Mt. Road right-of-way, subject to written approval from the City of Kodiak. 2. A variance from KIBC 17.57.080.F.l to permit driveway widths, as noted on the revised site plan dated October 7, 2003, that are in excess of 32 feet where indicated. 3. A variance from KIBC 17.57.080,F.2 to permit driveway separation distances, as noted on the revised site plan dated October 7, 2003, that are in closer than 35 feet where indicated. 4. A variance from KIBC l7.57.080.G to permit parking spaces, as noted on the revised site plan dated October 7, 2003, that do not provide all necessary maneuvering areas on-site without utilizing the adjoining right- of-way. 5. A temporary variance, for 24 months, from KIBC 17.57.050, to permit the utilization of off-street parking spaces along proposed Pillar Mt. Road that will be located in the C-Conservation zoning district until such time as the split lot zoning issue is resolved. (It is further recommended that the Commission initiate such a rezone by motion in accordance with KIBC 17. n.030.B, in addition to addressing the issue through this temporary variance.) P & Z Minutes: October 15, 2003 Page 2 of 8 . . . 6. A variance from KIBC 17.57.040.A (Number of Parking Spaces Required) to permit 20 off-street parking spaces on proposed Tract B-1 to serve 11 dwelling units where 22 spaces would normally be required. FINDINGS OF FACT 17.66.050 A.t. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. In this case the exceptional physical circumstance on the parcel is topography, which was primarily responsible for the original developrnent pattern on the site. With the proposed redevelopment plan, the landowner wishes to preserve the overall development pattern, which has existed on the site for the past 30 years. Tract B, U.S. Survey 2538 is slope affected to varying degrees with slopes reported by the petitioner to range from 15 to 30 percent generally, and with extreme slopes up to 60 percent in some locations on the upper portion (proposed Tract B-1). 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would require a complete redesign of the project in order to relocate all of the multi-family dwelling structures in order to incorporate the parking and vehicle maneuvering areas to the interior of the sites. This would cause a great deal of disturbance to the steep slope areas and would increase the costs of project engineering to an unreasonable level. The variance issues referenced here are longstanding nonconformities that have existed on the site for many years without creating any reported problems. Because of the extent to which the site is being redeveloped, the nonconforming rights are being extinguished and the petitioner has the choice of conforming to the strict requirements of the code and extensively modifying the site as discussed above, or they may request the variances as referenced here in order to preserve the land development pattern that has worked on this site for nearly 30 years. Through the platting process the petitioner has managed to relocate structures in such a manner that only parking variance issues remain to be resolved. 17.66.050 A.3. The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. P & Z Minutes: October 15, 2003 Page 3 of8 . = . . . Granting of these variances will not result in material damage or prejudice to other properties in the area. The proposed development and parking pattern is similar to the present development pattern that has been located on the site for nearly 30 years. The parking orientation has not resulted in any reported zoning enforcement issues during that time. In addition, being located at the edge of the Aleutian Homes Subdivision and at the base of Pillar Mt. Road, the area does not get a lot of through vehicle traffic which the parking pattern proposed here might normally interfere with if it were located elsewhere in the community. The City of Kodiak will be required to approve the location of the parking ramp encroachments in order to comply with KIBC 17.40. If the City of Kodiak Public Works Department does not perceive a problem with this parking design, then the Commission may rely upon this as a substantial indication that the public's health, safety and general welfare will not be significantly impacted. 17.66.050 AA. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variances will not be contrary to the objectives of the comprehensive plan, which identifies this area for High Density Residential Development. The proposed development layout appears to be a "cluster" design which groups the structural development and vehicle access points in order to preserve the natural features of the land and in this case avoid steep slope affected areas to the extent possible, thereby avoiding areas that may be prone to landslide or erosion. 17.66.050 A.S.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The petitioner has begun demolition of about half the units located within the development area. They will not begin the reconstruction of new units until all applicable permits have been obtained, which in this case involves this request for variance and a related request for subdivision approval. By vigorously pursuing these avenues of relief, and modifying the plans to move toward conformity, the petitioner hopes to move the new development towards conformity with Borough zoning codes to the greatest extent that is feasible and prudent before new construction will be allowed to begin. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Multi-family residential dwelling units and related improvements are allowed in the R3-Multi-family Residential zoning district. The motion was SECONDED by COMMISSIONER BOEHLAND. P & Z Minutes: October 15,2003 Page 4 of8 . . . Regular session closed. Public hearing opened: David Gonzales, Proiect Leader: Thanked the Commission for their work on this case. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER BOEHLAND MOVED TO initiate a rezone investigation, in accordance with KIBC 17.72.030.B, to consider a rezone to R-3 Multi-family Residential for portions of proposed Tract B-2, U.S. Survey 2538B which are currently zoned C-Conservation and which will create a split lot zoning condition when the preliminary plat previously approved by the Commission is brought forward for final approval. COMMISSIONER MCMURRY 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. B) Case 03-013. Request for a Planning and Zoning Commission Review, in accordance with KIB Code Section 18.10.030, of seven (7) parcels of tax foreclosed properties from tax year 2001. STAFF reported that several of the parcels advertised had the taxes paid prior to the meeting and therefore were removed from the supplemental staff report. Staff recommended designating all seven parcels be declared not to be of public need and to be offered at a future KIB land sale. COMMISSIONER CARVER MOVED TO recommend to the Kodiak Island Borough Assembly that the following seven (7) tax foreclosed parcels are declared not to be of "public need" and be offered at a future KIB land sale. P & Z Minutes: October 15, 2003 Page 5 of8 . . . KODIAK URBAN AREA: 1. Miller Point Alaska, Residential One Block 3, Lot 4A-2 988 Kraft Way REMOTE: 1. US Survey 1743 2. T31S R29W TL 1203 3. T30S R28W TL l804 4. T31S R30W TL 303 5. T3lS R29W TL l404 6. T3lS R29W TL 3602 Sitkalidak Island Amook Island, Uyak Bay Zachar Bay Uyak Bay Amook Island, Uyak Bay Amook Island, Uyak Bay The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: RR I-Rural C-Conservation C-Conservation C-Conservation C-Conservation C-Conservation C-Conservation The question was called, and the motion CARRIED by unanimous roll call vote. VIII. OLD BUSINESS A) Womens Bay Comprehensive Plan i. Review of September 24,2003 Work Session COMMISSIONER MCMURRY MOVED TO support the intent of the 10/15/03 Draft Goals and Objectives document, as modified by the Commission at the 10/15/03 meeting, and the Womens Bay Core Area and Greater Regional Area Study Area Map in order to proceed with the necessary work involved with preparing the plan update. COMMISSIONER OSW AL T SECONDED the motion. The question was called and the motion CARRIED by unanimous roll call vote. B) Planning & Zoning Training Update P & Z Minutes: October IS, 2003 Page 6 of8 ~ . . . Staff reported that training by Lee Sharp for the Commission has been scheduled for October 25,2003 at the Kodiak Community College. C) Capital Improvements Project List Staff presented the revised Capital Improvement List and explained how the grading system works. COMMISSIONER CARVER MOVED TO adopt Resolution 2003-05, forwarding the Planning and Zoning Commission's Capital Improvements List, as modified at the 10/15/03 meeting, for Fiscal Year 2005-2009. The motion was SECONDED by COMMISSIONER OSWALT. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Letter dated September 19, 2003 to Sawmill Storage Company, Inc from Martin Lydick regarding Sawmill Lot 1/1667 Monashka Bay Road. B) Letter dated September 17, 2003 to Gabrielle LeDoux, Borough Mayor from Jerrol Friend, Planning & Zoning Commission Chair regarding mobile home park code reVISIons. C) Draft Agenda for Commissioner training, October 25,2003. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item C of Communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: . Larsen Bay Work Session October 22, 2003 at 7:30pm in the Borough conference room. . Planning Commissioner training October 25, 2003 from 8:30am to 4:30pm in Rm #210 of the Kodiak College Campus Center. . Packet review work session November 12, 2003 at 7:30 p.m. in the Borough conference room. . Regular meeting November 19,2003 at 7:30 p.m. in the Assembly Chambers. P & Z Minutes: October 15,2003 Page 7 of8 . . . There were no further reports. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Tess Deitrich, Womens Bay Resident: Thanked the Commission for their work on the Womens Bay Comp Plan update. Asked a couple questions regarding the update analysis adopted at the meeting. Casey Janz, Worn ens Bay Resident: Thanked the Commission for their work on the Womens Bay Comp Plan update. XIII. COMMISSIONERS' COMMENTS COMMISSIONER CARVER: Spoke regarding the Womens Bay Comp Plan update and the Capitol Improvement List. COMMISSIONER FRIEND: Stated that he was glad the Commission had accomplished what they had this week. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:03 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZO COMMISSION By: ATTEST By: [>~~f\ L, lJ);v~~ Erin Whipple, Secretary Community Development Department DATE APPROVED: November 19, 2003. P & Z Minutes: October 15,2003 Page 8 of8