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2000-10-18 Regular Meeting KODIAK ISLAND BOROUGH r ~-~~-~~~-'~'-- PLANNING AND ZONING COMMISStON REGULAR MEETING -OCTOBER 18, 200b I MINUTES ' RECEIVE!,) I. CALL TO ORDER r-'~~'=-~'=~'l ! i , tI)V I 6 2(0) I' L KODIAIII~LA'~l!') on,.rH i\ '\j "'l ~.;:. . --,,- (., ~ OFFICE Of THE - \ The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR BELL on October 18, 2000 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Assistant Planner Community Development Dept. Donna Bell-Chair Robert Lindsey Reed Oswalt Greg Razo Walter Stewart A quorum was established. Commissioners not present Bob Himes Clarence Selig COMMISSIONER STEWART MOVED TO EXCUSE COMMISSIONER HIMES AND COMMISSION SELIG from the regular meeting. The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER RAZO MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING Minutes from the previous meeting were not available. P & Z Minutes: October 18.2000 Page 1 of 13 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case 00-027. Planning and Zoning Commission review and approval, in accordance with KIB Code Section 17.21.050.C (Performance Standards - Screening), of required screening between a business use on Lot 48A, Block 12, Aleutian Homes Subdivision and residential use on Lot 46 and Lot 50, Block 12, Aleutian Homes Subdivision. 721,813, and 817 Lower Mill Bay Road. BOB SCHOLZE indicated no public hearing notices were mailed, due to request not requiring public hearing. Staff recommends approval of the proposed screening plan subject to one (1) condition of approval. COMMISSIONER STEWART MOVED TO DETERMINE that: 1. The existing natural vegetation along the rear lot line of Lot 48A; and 2. a six (6) foot high chain link fence with slats on the common lot line between Lot 48A, and Lot 50, extending along the lot line from a point eight (8) feet back from the property line to the edge of the fill; and 3. a four (4) foot high chain link fence with slats extending from a point ten (10) feet back from the front property line, along the top of the fill nearest the lot line common with Lot 46, and around the back portion of the filled parking area, is adequate screening to separate the business use on Lot 48A, Block 12, Aleutian Homes Subdivision from residential uses on adjacent lots, subject to one (1) condition of approval contained in the staff report dated October 3, 2000; and to adopt the findings in that staff report as "Findings of Fact" in support of this determination. CONDITION OF APPROVAL 1. Bumper guards must be installed in a manner that will protect the fence from being damaged by vehicles in the parking area. FINDINGS OF FACT 1. The proposed screening plan is consistent with previously approved screening plans in this area, and with the intent ofKIBC 17.21.050.C. The proposed screening will not impede line-of-sight for traffic entering or exiting Mill Bay Road from these lots. The motion was SECONDED by COMMISSIONER RAZO. P & Z Minutes: October 18.2000 Page 2 of 13 The question was called, and the motion CARRIED by unanimous roll call vote. VI. PUBLIC HEARINGS A) Case 00-024. Request for a variance, in accordance with KIB Code Section 17.21.040 (Building Height Limit), to permit an eighty-one (81) foot high pole to be erected for telecommunication equipment on Lot 24, Block 1, Russian Creek Subdivision. 11590 W. RezanofDrive. BOB SCHOLZE indicated seventeen (17) public hearing notices were mailed for this case with none being returned. Staff believed that this request meets all the conditions necessary, as reflected in the findings of fact for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. Staff recommended approval of request subject to one (1) condition of approval. COMMISSIONER RAZO MOVED TO GRANT approval of a variance, in accordance with KIB Code Section 17.21.040 (Building Height Limit), to permit an eighty-one (81) foot high pole to be erected for telecommunication equipment on Lot 24, Block 1, Russian Creek Subdivision; subject to one condition of approval contained in the supplemental memorandum dated October 13, 2000, and to adopt the findings in the staff report dated September 22, 2000 as "Findings of Fact for this case. CONDITION OF APPROVAL 1. Issuance of a building permit is required to insure compliance with applicable UBC specifications for wind, snow and ice loads. FINDINGS OF FACT 17.66.050 A. 1. 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. No exceptional physical circumstances or conditions apply to this property, however the location is especially conducive to range of signal transmission consistent with the description and intent of the B-Business zoning district to provide efficient retail service activities. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance, restricting pole height to fifty (50) feet, would frustrate effective transmission of signals to enhance cellular phone service for benefit of the public. P & Z Minutes: October 18.2000 Page 3 of 13 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. No material damages or prejudice to other properties in the vicinity or detriment to public health, safety and welfare will result from installation of a single pole. 17.66.050 AA.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to objectives of the Comprehensive Plan as business/service use is permitted in this zoning district. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. No action of the applicant caused special conditions or financial hardship necessitating the variance. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use as retail service activities are permitted in the B-Business zoning district, and, in fact, are specifically encouraged by description and intent of that zoning district. The motion was SECONDED by COMMISSIONER OSWALT. 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 00-025. Request for a variance, in accordance with KlB Code Section 17.21.040 (Building Height Limit), to permit an eighty-one (81) foot high pole to be erected for telecommunication equipment on Tract C-l, U. S. Survey 3218. 3174 Mill Bay Road. BOB SCHOLZE indicated eighty (80) public hearing notices were mailed for this case with none being returned. Staff believed that this request meets all the conditions necessary, as reflected in the findings of fact for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. Staff recommended approval of request subject to one (1) condition of approval. P & Z Minutes: October 18.2000 Page 4 or 13 COMMISSIONER LINDSEY MOVE TO GRANT approval of a variance, in accordance with KIB Code Section 17.21.040 (Building Height Limit), to permit an eighty-one (81) foot high pole to be erected for telecommunication equipment on Tract C-l, U.S. Survey 3218; subject to one condition of approval contained in the supplemental memorandum dated October 13,2000, and to adopt the findings in the staff report dated September 22,2000 as "Findings of Fact for this case. CONDITION OF APPROVAL 1. Issuance of a building permit is required to insure compliance with applicable UBC specifications for wind, snow and ice loads. FINDINGS OF FACT 17.66.050 A 1. 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. No exceptional physical circumstances or conditions apply to this property, however the location is especially conducive to range of signal transmission consistent with the description and intent of the B-Business zoning district to provide efficient retail service activities. 17.66.050 A2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance, restricting pole height to fifty (50) feet, would frustrate effective transmission of signals to enhance cellular phone service for benefit of the public. 17.66.050 A3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. No material damages or prejudice to other properties in the vicinity or detriment to public health, safety and welfare will result from installation of a single pole. 17.66.050 AA.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to objectives of the Comprehensive Plan as business/service use is pemlitted in this zoning district. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. No action of the applicant caused special conditions or financial hardship necessitating the variance. P & Z Minutes: October 18.2000 Page 5 of 13 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use as retail service activities are permitted in the B-Business zoning district, and, in fact, are specifically encouraged by description and intent of that zoning district. The motion was SECONDED by COMMISSIONER STEWART. 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. C) Case 00-022. Planning and Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of various tax foreclosed properties from 1998 and prior years. Woody Island, 814, 1116, 1118, and 1120 Mission Road; and 3259 Ptarmigan Pass. BOB SCHOLZE indicated that public hearing notice was done by newspaper notice, and in addition property owners affected by tax foreclosure statues were also notified several times in the past by certified mail. Staff recommended that the Commission recommends to the Assembly that one of these six (6) parcels (U.S. Survey 53) be declared "public" and retained by the Borough for public use, that the "public purpose" designation of another (Lot 13, Block 33, East Addition) be "undeclared" by ordinance and that it be offered, along with the remaining four ( 4) parcels, at a future KIB land sale. COMMISSIONER STEWART MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following tax foreclosed parcel is declared "public" and retained by the Borough for public use according to KIBC 18.10.030: Portion of u.s. Survey 53 lying outside of u.s. Survey 484. u.s. Survey 53 Woody Island The motion was SECONDED by COMMISSIONER RAZO. Regular session closed. Public hearing opened: P & Z Minutes: October 18.2000 Page 6 of 13 Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER STEWART MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following tax foreclosed parcel, previously designated for public purpose by Ordinance 89-06-0, be "undeclared" for public purpose and offered at a future KIB land sale. Lot 13, Block 33, East addition to Kodiak Townsite. Plat #52-4 814 Mission Rd. The motion was SECONDED by COMMISSIONER RAZO. 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. COMMISSIONER STEWART MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following four (4) tax foreclosed parcels are declared not to be of "public need" and be offered at a future KIB land sale: Lot 2, Block 2, Island Lake Subdivision. Lot 3, Block 35A, East Addition to Kodiak Townsite. Lot 1, Paul's Subdivision and Lot 1, Block 35A, East Addition to Kodiak Townsite. Lot 2, Paul's Subdivision and Lot 2, East Addition to Kodiak Townsite. Plat #56-3 3259 Ptarmigan Pass Plat #86-6 1120 Mission Rd. Plats #49-1 1116 Mission Rd. and #86-6 Plats #49-1 1118 Mission Rd. and #86-6 The motion was SECONDED by COMMISSIONER RAZO. Regular session closed. P & Z Minutes: October 18.2000 Page 7 of 13 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. D) Case 00-026. Planning and Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of various surplus properties for land disposal. Borough-wide. BOB SCHOLZE indicated that public hearing notice was done by newspaper notice. Staff reported that this case initiates a review of nine (9) parcels owned by the Borough, seven (7) of which are zoned PL Public Use Lands, one zoned R2 Two family Residential, and another zoned RR1 Rural Residential One. Three of the parcels are aggregates of more than one lot. Three are located in Bells Flats; three are located in Monashka Bay, and the remaining three in the Road Service District One area generally between the City of Kodiak and Monashka Bay. The public purpose status of two of the parcels has previously been reviewed. Staff recommended that action on this case be postponed until the November, 2000 regular meeting to allow staff to do a complete analysis and recommendation for all parcels, and to do a thorough public hearing notification especially for the residents of Bells Flats and Monashka Bay. COMMISSIONER LINDSEY MOVED TO POSTPONE action on this case until the November, 2000 regular Commission meeting. The motion was SECONDED by COMMISSIONER STEWART. 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. E) Case SOO-017. Request for preliminary approval of the subdivision of Tract C-1, Alaska Tideland Survey #1408, creating Tract C-IA, and C-1B, Alaska Tideland Survey #1408. 1011 Gibson Cove Road. P & Z Minutes: October 18.2000 Page 8 of 13 BOB SCHOLZE indicated five (5) public hearing notices were mailed for this case with none being returned. Postponement until the December regular meeting was requested by the City, due to further discussions needed between the City and the Lessee. Therefore staff recommended postponement until the December regular meeting. COMMISSIONER RAZO MOVED TO POSTPONE action on this case until the December, 2000 regular Commission meeting. The motion was SECONDED by COMMISSIONER STEWART. 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. VII. OLD BUSINESS A) Case 00-011. Findings of fact supporting the Planning and Zoning Commission's recommendation to the Assembly of the rezoning of Lots lA - 12B, Block 1, and Lots 1 - 6, and Lots 19 - 24, Block 2, and Lots 1 - 8, Block 3, Island Lake Subdivision; and Lots 7 A, 7B, 7C, and 8, Block 1, Miller Point Subdivision 151 Addition from RI-Single Family Residential to R2- Two Family Residential. Generally located along Island Lake Road, Arctic Tern Street, Kittiwake Street, and Ptarmigan Pass Street. (Postponed from the September 20, 2000 regular meeting). Staff presented suggested findings of fact supporting the Commission decision, made at the September 20, 2000 meeting, to recommend that the Assembly approve the rezone request. COMMISSIONER STEWART MOVED TO ADOPT the findings contained in the summary statement dated September 21, 2000 as "Findings of Fact" for Case 00-011. FINDINGS OF FACT KIBC Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: P & Z Minutes: October 18.2000 Page <J of 13 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from Rl to R2 is needed and justified because the R2 zoning district permits development that: A. Corresponds with the medium density land use designation contained in the KlB Comprehensive Plan, B. Will make available to property owners within the rezone area the same option for two-family residential development that is available to nearly all other property owners in subdivisions surrounding Island Lake Subdivision, C. Does not conflict with existing neighborhood character, which is defined by a mix of residential and commercial development, D. Has potential density that can be effectively controlled by the zoning code parking requirements for duplex use on substandard size lots within the rezone area, and E. May serve as an engine of change by providing an impetus to upgrade the area through consolidation of nonconforming lots and replacement of older homes and mobile homes with new duplexes. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from RI-Single Family Residential to the R2- Two Family Residential zoning district is necessary because: R2 zoning is consistent with the medium density land use designation for this area contained in the 1968 KlB Comprehensive Plan. The motion was SECONDED by COMMISSIONER RAZO. The question was called, and the motion CARRIED by unanimous roll call vote. B) Case S98-021. Request for a two (2) year extension (until December 16,2002) of preliminary approval of the subdivision of 7 A -1 , Woodland Acres 1 st Addition, creating Lots 7A-IA and 7B, Woodland Acres 1st Addition (currently known as Lot 1,2, and 3, Erwin Estates). 3851 Woodland Drive. Staff recommended approval of this extension request subject to three (3) amended conditions of approval. P & Z Minutes: October 18.2000 Page 10 of 13 COMMISSIONER RAZO MOVED TO GRANT a two (2) year extension (until December 16, 2002) of preliminary plat approval for Case S98-021, and to confirm three (3) amended conditions of approval contained in the staff report dated September 22, 2000. CONDITIONS OF APPROVAL 1. The two plat notes prohibiting blocking of impeding natural drainage and prohibiting structures on former Tract A-2 shall be carried over to this final plat from Plat ~ 99-23. 2. As required by the City Public Works Department, prior to final plat approval, the water and sewer service inter-ties between the warehouse on proposed Lot ~ 4, Erwin Estates and the house on proposed Lot '7.\ LA. lA Erwin Estates, needs to be disconnected. A new water service must be installed directly from the water main to the house on proposed Lot ~ M lA Erwin Estates, and a new sewer service must be installed directly from the sewer main to the new dwelling unit on proposed Lot ~ 4, Erwin Estates. 3. A certificate of occupancy must be issued for occupancy of a dwelling unit on Lot ~ 4, Erwin Estates within six (6) months after final plat approval to avoid zoning enforcement action. The motion was SECONDED by COMMISSIONER OSWALT. The question was called, and the motion CARRIED by unanimous roll call vote. VIII. NEW BUSINESS * A) Letter of resignation dated October 17, 2000, from Commissioner Greg Razo. COMMISSIONER STEWART read Commissioner Greg Razo's resignation letter (per attached). COMMISSIONER STEWART MOVED TO ACCEPT Commissioner Greg Razo's resignation from the Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER LINTISEY, and CARRIED by unanimous voice vote. IX. COMMUNICATIONS A) Letter dated September 21,2000 to Janice Ure from Bob Scholze, KIB Associate Planner regarding Case 00-011. P & Z Minutes: October 18.2000 Page 11 of 13 B) Letter dated September 20, 2000 to Dan Seaton, Pallets Plus from Eileen Probasco, KIB Assistant Planner regarding Airpark Subdivision, Block l, Lot 2 located at 1823 Mill Bay Road. C) Letter dated September 25, 2000 to David Johnson from Eileen Probasco, KIB Assistant Planner regarding site visit on a portion of U.S. Survey 1822 located at 2109 Mission Road, D& E. D) Letter dated September 26, 2000 to Mickey Mummert and J.C. Crawford from Eileen Probasco, KIB Assistant Planner regarding illegal storage in Devil's Prong Right-of-Way along Lot 2, Block 4, Mt. View 2nd Addition located at 1893 Three Sisters Way. There were no further communications. COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. x. REPORTS BOB SCHOLZE on behalf of staff, thanked Mr. Razo for his service on the Commission, and wished him the best in his future endeavors. BOB SCHOLZE reported on the following meeting schedule: . October 20th = Corp. of Engineers Open House update on the Kodiak DERP-FUDS projects from 2:00 p.m. to 6:00 p.m. in the Safeway Lobby. . October 30th = Anton Larsen Bay public boat launch project public hearing from 4:00 p.m. to 8:00 p.m. in the Assembly Chambers facilitated by HDR Alaska, Inc. . November 8th = Packet review work session at 7:30 p.m. in the Borough conference room. . November 15th = Regular meeting at 7:30 p.m. in the Assembly Chambers. · November 29th = Work session to further discuss the proposed revisions to the C- Conservation district at 7:30 p.m. in the Borough conference room. There were no further reports. COMMISSIONER STEWART MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER RAZO, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. P & Z Minutes: October 18.2000 Page 12 of 13 XII. COMMISSIONERS' COMMENTS COMMISSIONER STEWART encouraged anyone interested to serve on the Commission to apply for the vacant seat left by Mr. Razo. COMMISSIONER STEWERT thanked Commissioner Razo for his service on the Planning and Zoning Commission, and wished him well during his seat on the Assembly. COMMISSIONER RAZO commented that serving on the Planning and Zoning Commission was and is a great learning experience, and encouraged anyone in the community interested or wants to get involved to apply for the vacancy on the Commission. COMMISSIONER LINDSEY also thanked Mr. Razo for his service on the Commission and wished him well on the Assembly. XIII. ADJOURNMENT COMMISSIONER OSWALT MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. The meeting adjourned at 8:08 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: ATTEST "") By: L. -) DATE APPROVED: November 15,2000. P & Z Minutes: October 18.2000 Page 13 of 13