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2006-06-21 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI REGULAR MEETING JUNE 21, 2006 MINUTES o ~(clE~WlErm JUL 2 1 2006 l!dJ 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 CHAIR FRIEND on June 21, 2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused x Absent Others Present Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Jerrol Friend - Chair David King Gary Carver Brent Watkins Dennis McMurry Casey J anz Gary Juenger x x X X X X A quorum was established. COMMISSIONER McMURRY MOVED TO EXCUSE COMMISSIONER JANZ and COMMISSIONER KING. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER McMURRY, and it CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes of May 17, 2006 as submitted. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no comments or appearance requests. PUBLIC HEARINGS A. Case 06-015 . Request for a rezone, in accordance with KIBC 17.72.030 & 17.72.030.C, of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from R1-Single Family Residential to R2- Two Family Residential. The location is 3174 through 3272 and 3217 through 3273 Ptarmigan Pass Street; 3226 through 3274 Arctic Tern Street, and it is zoned R1-Single Family Residential. P & Z Meeting Minutes June 21,2006 Page 1 of8 Staff reported the purpose of this request is to investigate the possible rezone of 19 lots within the Island Lake Subdivision from Rl-Single Family Residential to R2- Two Family Residential. After staff looked at the area it was determined the existing development is already at a certain density, and if it were rezoned to R2 it would create an anticipated density issue with adding two family dwelling units, possibly nonconforming lot sizes, and problems with setbacks and with making required parking. There is also concern with more families living there due to the roads that serve these lots are relatively narrow for emergency vehicles to maneuver due to not having a turnaround. Because of these reasons and the others listed in the staff report, staff recommends the Commission decline to forward this request to the Kodiak Island Assembly with the recommendation in the staff report. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve by ordinance the rezoning of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from R1- Single Family Residential to R2- Two Family Residential. COMMISSIONER McMURRY SECONDED the motion. Regular session closed: Public hearing open: Lorna Arndt spoke in opposition to this request. Art Zimmer spoke in favor of his request. Public hearing closed: Regular session open: COMMISSIONER CARVER asked if the on-street parking is a problem now with the density Ogle stated she is aware of one violation, but it looks like a lot of people were just making the required parking for a single family unit. The lot depth is an issue because if the house is close to the road and they have to add two more parking spaces there won't be enough room for 4 parking spaces. It looked like people had a hard time getting two parking spaces in because of the common front yard setbacks. The lot width is such she doesn't know ifthey could get cars around to the back. COMMISSIONER CARVER asked if this were to be rezoned to R2 and we were to have two family housing would each of the individual parcels and owners be required to prove additional parking before they could sublet or rent an apartment. Ogle stated yes, any change of use is required submit a new parking plan. CHAIR FRIEND stated he doesn't feel comfortable making a decision yet and would like to hear what the Fire Department has to say about this request. A brief discussion. It is the general consensus that staff address the parking issue in more depth, discuss this request with the Fire Department, and the number of developed and undeveloped lots in the area. P & Z Meeting Minutes June 21,2006 Page 2 of8 COMMISSIONER McMURRY MOVED TO AMEND the motion to postpone until the next regular meeting until they get further answer from the fire department and Community Development on parking on July 19. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 5-0. B) Case 06-016. Request a review ofa detailed site plan in accordance with KIBC 17.33.030, ofthe proposed site plan for a new public swimming pool facility to be developed on a portion of Lot 2, US. Survey 2538A (behind the National Guard Armory). The location is the back half of the National Guard Armory, a portion of Lot 2, US. Survey 2538A, and it is zoned PL-Public Lands. Staff indicated right now the pool site design including the site plan is at 35% oftotal. Based on what was provided at 35% staff finds it is compliant with the applicable standards and zoning ordinance that regulates this type of site plan. Staff recommends approval ofthis detailed site plan. As the site plan comes along, it is anticipated that there will be changes in the site plan and I requested last week at the packet review is that the commission is if you wanted to put stipulations in as to what type of changes could be made to the site plan that would be allowed to be reviewed by the staff administrator, and then what type of changes you would want to see revised at that time come back to a public hearing. COMMISSIONER CARVER MOVED TO APPROVE a detailed site plan, per KIBC 17.33.030, ofthe proposed site plan for a new public swimming pool facility to be developed on a portion of Lot 2, US. Survey 2538A (behind the National Guard Armory). COMMISSIONER McMURRY SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The Commission discussed this request and has seen how it has progressed, and feel the architects are on top of things. They also feel they don't need to set a threshold on what type of site plan changes would need a new public hearing The question was called on the main motion, and CARRIED 5-0. C) Case S06-017. Request preliminary approval, in accordance with KIBC 17.40, of the replat of Lot 7 A and Lot 6C, Block 6, Miller Point Alaska Subdivision, 1 sl Addition, creating Lots 7C, 7D, and 6C-l, Block 6, Miller Point Alaska Subdivision, 1 sl Addition; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a portion of a 10- foot utility easement on Lot 7, Block 6, Miller Point Alaska Subdivision 1 sl Addition. The location is 384 & 408 Lilly Drive, -r..1i1ler Point Alaska Subdivision, 1 st Addition, Block 6, Lots 6C and 7 A, and it is zoned R2- Two Family Residential. Staff stated the applicant is requesting to do an interior lot line adjustment in addition to creating one additional lot. Staff found most of the standards of the zoning and subdivision control ordinance were satisfied. Staff does have some conditions of approval to ensure satisfaction of the zoning and subdivision control ordinance. There was concern P & Z Meeting Minutes June 21,2006 Page 3 of8 about Condition #4 about prior to final plat approval coordinate the relocation of water and sewer utilities with the City of Kodiak Public Works Department as required by the letter dated May 23, 2006 from that agency. If you look at your site plan, the sewer and water utilities run across proposed lots 7D, so if the property was built on, it is presumed, those utilities would have to be relocated. Ogle believes the applicant wants to delay the relocation until the lot is sold. Staff recommends approval of this request subject to the five Conditions of Approval based on Findings of Fact. COMMISSIONER McMURRY MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 7 A and Lot 6C, Block 6, Miller Point Alaska Subdivision 1st Addition, creating Lots 7A-l, 7A-2 and Lot 6C-l, Block 6, Miller Point Alaska Subdivision 1 st Addition, subject to the conditions of approval contained in the staff report dated June 7, 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 opened: Mark St. Denny spoke on behalf of the petitioner. He asked if it would be acceptable for just before preliminary approval to have a temporary easement attached to this preliminary approval until Lot 7D is developed. Ogle stated it would be a Condition of Approval and when a building permit is drawn for new construction they are required to get a zoning compliance certificate. Part of that review is to look back at previous cases and look for conditions such as this. Once you receive your building permit, the first thing you do is begin digging your foundation, but at that time the utilities should have already been moved. Ogle asked St. Denny what if when the lot was sold or developed. St. Denny said that before the property owner develops the lot the utilities will be moved. Ogle asked if the owner wants the final plat approved and recorded before she has to move the utilities. Maybe twelve months of the final plat recording if they have to be moved. Public hearing closed: Regular session opened: The commission discussed the water and sewer utilities and where they lay. COMMISSIONER JUENGER stated he has a conflict of interest so he left the room for this case. COMMISSIONER CARVER MOVED TO AMEND Condition #4 to read within 12 months of final plat approval coordination of relocation of water and sewer utilities with the City of Kodiak as required in the letter dated 8/23/2006 from that agency. The motion COMMISSIONER WATKINS SECONDED the motion. CONDITIONS OF APPROVAL Change the lot designations on the final plat for proposed Lots 7C and 7D and designate P & Z Meeting Minutes June 21,2006 Page 4 of8 them 7A-I and 7A-2 to be consistent with proposed Lot 6C-I and past practice in the Kill. I. Prior to final plat approval, provide a revised parking plan for proposed Lot 7 A-I (7C) showing that the maneuvering area in front of the garage is adequate to meet the requirements ofKIBC 17.57. 2. Place a note on the final plat indicating that further subdivision of the flag lot (7 A-I) is prohibited as required by KillC 16.40.050.B.3.a.i. 3. Within 12 months of final plat approval, coordination of the relocation of water and sewer utilities with the City of Kodiak as required in the letter dated May 23, 2006 from that agency. 4. Relocate a portion of the driveway and related improvements serving proposed Lot 7 A-I (7C) in order to ensure the driveway is properly located within the flag access portion of the lot. FINDINGS OF FACT 1. 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. This plat meets all the requirements of TitIe 17 ofthe Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called on the main motion, and it CARRIED 5-0. The question was called on the amended motion, and it CARRIED 5-0. D) Case S06-018. Request preliminary approval, in accordance with KIBC 16.40, of the replat of Tract C-IA, Woodland Acres Subdivision, ih Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1 st Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10- foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Subdivision 1 st Addition and Tract B, Trinity Islands Subdivision. The location is 3400, 3450, 3472, and 3484 E. Rezanof Dr. Tract, and it is zoned B-Business. Staff reported the applicant anticipated reconfiguring the plat and has requested postponement until the July 19th meeting. Staff agrees with this postponement since he is reconfiguring. COMMISSIONER CARVER MOVED TO POSTPONE this case until the July 19th regular meeting. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 5-0. E) Case 06-012. Request a rezone, in accordance with KillC 17.13, 17.27, 17.72, 17.72.030, and 17.72.030.C, of Lot I, Sawmill Subdivision from C-Conservation to KI-Light Industrial. The location is 1667 Monashka Bay Road, Sawmill Subdivision, Lot 1, and it is zoned C-Conservation. P & Z Meeting Minutes June 21,2006 Page 5 of8 Staff reported the commission recommended denial of this case at the May 1 ih regular meeting but did not have Findings of Fact prepared at that meeting so it is continued at this meeting to state Findings of Fact for the record, and then the appeal period will officially begin for this case. COMMISSIONER WATKINS MOVED TO ADOPT these four items as Findings of Fact for this case: A. This site is not consistent with the Monashka Bay Comprehensive Plan. The Comp plan designates an area further out the road system for LI-Light Industrial that does not have the potential to adversely impact residential area. B. The terms ofthe Conditional Use permit have not been met to date. C. The composition of the fill at this site is suspect and may contain materials that adversely affect the local aquifer. D. It is clear that goals and objectives of the Comprehensive Plan that even the "Commercial zoning" of this lot be very limited in its scope and was not intended to be a "full Commercial zone" under the 1985 Kodiak Island Borough code. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch, the agent for this case stated she took exception of the Findings of Fact. If there are findings of fact they need to stay within the duties of the Planning & Zoning Commission. Public hearing closed: Regular session opened: COMMISSIONER WATKINS MOVED TO DELETE item C from the Findings of Fact. COMMISSIONER JUENGER SECONDED the motion. A, This site is not consistent with the Monashka Bay Comprehensive Plan. The Comp plan designates an area further out the road system for LI-Light Industrial that does not have the potential to adversely impact residential area. B. The terms ofthe Conditional Use permit have not been met to date. D .It is clear that goals and objectives of the Comprehensive Plan that even the "Commercial zoning" of this lot be very limited in its scope and was not intended to be a "full Commercial zone" under the 1985 Kodiak Island Borough code. The question was called on the main motion, and it CARRIED 5-0. The question was called on the amended motion. The vote was Ayes: COMMISSIONERS CARVER, FRIEND, JUENGER, AND WATKINS and the Noes: COMMISSIONER McMURRY. COMMISSIONER McMURRY changed his vote to Aye; motion CARRIED 5 Ayes, 0 Noes. P & Z Meeting Minutes June 21,2006 Page 60f8 OLD BUSINESS There was no old business. NEW BUSINESS A) 17.06 Definitions - Junk. Staff reported staff has been revising Title 10, specifically Title 1O.10-Junk and Abandoned Vehicles. Title 10 is called Vehicles and Traffic, which is confusing because Title 10.10 is being called Junk & Abandoned Vehicles, but we think it should be called Junk Vehicles and Abandoned Vehicles. This is code language dealing with anything to do with vehicles. There was direction given to add a definition of what junk is, and that is in 17. The thought behind this request to add a definition of junk is there appears to be discrepancies or legal concerns with enforcing junk, non automobile vehicular related under Title 10 because Title 10 is only suppose to regulate vehicles and traffic. COMMISSIONER CARVER MOVED TO FORWARD the proposed revision to KIBC 17.06, Definition for 'junk", to the Kodiak Island Borough Assembly with a recommendation that it be adopted as an ordinance amendment. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5-0. B) Recommendation for borough Acquisition of the Kodiak Christian Fellowship Subdivision Lots 1B and 1E according to KIBC 18.10. Staff reported this subdivision was approved approximately one year ago with some public comment during the public hearing about the lack of open space/parklands within the entire Woodland Acres area. At the regular meeting of May 18,2005, the Planning & Zoning Commission granted preliminary approval with the recommendation that the Kodiak Island Borough has a one year option to purchase Lots IB and IE or trade property for Lots IB and IE. It is now necessary for the Planning & Zoning Commission to make a formal recommendation to the KIB Assembly as to whether or not, from a community planning perspective, that these lots should be acquired by the Borough from the property owners. COMMISSIONER JUENGER MOVED TO FORWARD a recommendation to the KIB Assembly, in accordance with Title 18.10.030, for the acquisition of Lots IB and IE of Woodland Estates Subdivision, Block 4. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5-0. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED unanimously. REPORTS Ogle reported she has resigned and this will be her last Planning & Zoning meeting. She hopes she has served the community the best she could over the past year. Meeting schedule: · July 12, 2006 work session at 7:30 p.m. in the KIB Conference Room · July 19, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers P & Z Meeting Minutes June 21, 2006 Page 7 of8 COMMISSIONER WATKINS MOVED TO ACCEPT reports as submitted. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS Gary Juenger said Mary sets a good example, he will miss her. Juenger will not be at the July meeting because he will be out of town. Brent Watkins stated he will miss Mary Ogle Gary Carver gave Mary Ogle his sincere thanks, and she has done a great deal for Kodiak Island.. Dennis McMurry said he wishes her well in her new endeavors. Jerrol Friend thanked Mary Ogle and working with her has been a privilege. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZON M SSION ATTEST By: ,on eilln cOn1<ct9J Sheila Smith, Secretary Community Development Department DATE APPROVED: July 19, 2006 P & Z Meeting Minutes June 21, 2006 Page 8 of8