2001-02-21 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -FEBRUARY 21,2001
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR SELIG on February 21,2001 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Donna Bell
Robert Lindsey
Walter Stewart
Tim Ward
Clarence Selig-Chair
Duane Dvorak, Director
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
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A quorum was established.
Commissioners not present
Bob Himes-Excused
Reed Oswalt-Excused
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KODIAK ISLAND BOBCUGH
OFFICE Of THE BOROUGH CLERK
III. APPROVAL OF AGENDA
The agenda was APPROVED as presented, and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER STEWART MOVED TO ACCEPT the minutes of December 20,
2000 Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
P & Z Minutes: February 21, 2001
Page 1 of 12
VI. PUBLIC HEARINGS
A) Case 00-032. Request for a variance, in accordance with KIB Code Section
17.42.010 (Additional setback requirements), to permit a storage van located on
Lot 3A, Block 1, Airpark Subdivision, to encroach seven (7) feet into the required
forty (40) foot setback from the centerline of Mill Bay Road. 1819 Mill Bay
Road. (Postponed from the December 20, 2000 regular meeting).
STAFF indicated sixty-one (61) public hearing notices were distributed for this
case with one (1) in favor and two (2) against the request. Staff reported that all
businesses along Mill Bay Road must comply with a forty (40) foot setback from
the centerline of road for proper line of sight for traffic. Storage vans on lot
currently encroach seven (7) feet into the required setback. Staff recommended
denial of to this request.
COMMISSIONER BELL MOVED TO GRANT a request for a variance from
KIB Code Section 17.42.010 (Additional setback requirements), to permit a
storage van located on Lot 3A, Block 1, Airpark Subdivision, to encroach seven
(7) feet into the required forty (40) foot setback from the centerline of Mill Bay
Road.
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 FAILED by unanimous roll call vote.
COMMISSIONER BELL MOVED TO ADOPT the "Findings of Fact" in the
staff report dated November 29,2000 supporting denial of the variance request for
Case 00-032.
FINDINGS OF FACT
17.66.050 A. I. 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.
P & Z Minutes: February 21, 2001
Page 2 of 12
There are no exceptional physical circumstances or conditions on this lot that
would preclude the owner from placing the van in another location, out of the
required front setback.
17.66.050 A2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Requiring the property owner to move the van would result in an expense, but had
a zoning compliance permit been obtained prior to placing the van, the property
owner would have been aware of the setback requirements, thus avoiding this
situation in the first place.
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.
Granting the variance would establish a precedent for the owner of adjacent Lot 2
to apply for and justify a variance to allow his vans to remain in the setback as
well. It would not, however, be detrimental to the public's health, safety and
welfare.
17.66.050 AA. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
The Comprehensive Plan designates this area as business. Granting this variance
would not be contrary to the objectives of the plan.
17.66.050 A5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is being sought by the variance.
The van was placed by the applicant without first obtaining a zoning compliance
permit. Had they inquired prior to placing the van, the applicant would have been
aware of the setback requirement.
17.66.050 A.6. That the granting of the vanance will not permit a
prohibited land use in the district involved.
Storage vans, used as accessory buildings, are a permitted use in the B-Business
zoning district.
The motion was SECONDED by COMMISSIONER STEWART.
The question was called, and the motion CARRIED by unanimous roll call vote.
P & Z Minutes: February 21, 2001
Page 3 of 12
B) Case SOl-001. Request for preliminary approval of the vacation of the easterly
five (5) foot wide portion of the ten (10) foot wide utility easement located on Lot
7, Block 3, Port Lions Subdivision 3rd Addition. 115 Ptarmigan Drive.
STAFF indicated eleven (11) public hearing notices were distributed for this case
with none being returned. Staff reported the purpose of the request is to eliminate
an encroachment of the house on Lot 7 into a platted ten (10) foot wide utility
easement. Staff recommended approval of request.
COMMISSIONER LINDSEY MOVED TO GRANT preliminary approval to the
vacation of the easterly five (5) foot portion of the ten (10) foot wide utility
easement located on Lot 7, Block 3, Port Lions Subdivision, 3rd Addition, and to
adopt the findings in the staff report dated February 9, 2001 as "Findings of Fact"
for this case.
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.
2. This plat meets all the requirements of Title 17 ofthe Borough Code.
3. This vacation of a five (5) foot portion of this ten (10) foot wide utility
easement will not adversely affect the ability of utility companies to
provide adequate service to the public in this area.
The motion was SECONDED by COMMISSIONER BELL.
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 01-007. Planning and Zoning Commission review and approval of the
deletion of plat note #2, as shown on Plat 86-19, which currently restricts
driveway access to Lot 6, Jackson's Subdivision to Balika Lane only. 3404
Balika Lane.
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Page 4 of 12
STAFF indicated fifty-six (56) public hearing notices were distributed with one
(1) being returned in favor of request. Staff recommended that the Commission
grant this request to modify note #2 on Plat 86-19 by changing the language of
that plat note as it pertains to Lot 6 only to state:
2. "Driveway access shall be limited as follows:
Lot 6-Either Balika Lane or Lilly Drive, but not both. The
twenty-five (25) foot front yard setback for Lot 6 will
correspond to driveway access."
COMMISSIONER WARD MOVED TO APPROVE the revision of plat note
#2, as shown on Plat 86-19, which currently restricts the driveway access to Lot 6,
Jackson's Subdivision to Balika Lane only, to state:
2. "Driveway access shall be limited as follows:
Lot 6-Either Balika Lane or Lilly Drive, but not both.
and to adopt the findings in the staff report dated February 6,2001 as "Findings of
Fact" for this case.
FINDINGS OF FACT
1. Modification of the plat note as requested will advance traffic safety by
allowing placement of the driveway further from the intersection, since
frontage of Lot 6 along Lilly Drive is 90 feet compared with 48 feet along
Balika Drive.
2. Modification of the plat note as requested will accommodate more
practical utilization of Lot 6 for practical access in conformity with house
design and orientation on the lot having minimal impact on other lots in
the area.
The motion was SECONDED by COMMISSIONER BELL.
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.
P & Z Minutes: February 21, 2001
Page 5 of 12
D) Case 01-008. Planning and Zoning recommendation of revisions to Chapter
17.22 (RNC-Rura1 Neighborhood Commercial District) which would increase the
RNC-Rural Neighborhood Commercial lot area to a minimum of two (2) acres
and lot width to a minimum of 180 feet, and incorporate into the RNC zoning
district the performance standards of KIB Code Section 17.21.050 (Performance
standards) for the B-Business zoning district requiring screening, landscaping and
buffering, to replace existing language in KIB Code Section 17.22.100 A.
(Fences, parking and signs). Borough-wide.
STAFF indicated public hearing notice was given by publication of agenda in the
local newspaper. Staff reported that upon review, it was identified that the
minimum lot size for the RNC-Rural Neighborhood Commercial zoning district
should be increased from 40,000 square feet, which it presently is, to two (2)
acres. Staff also felt that the minimum lot width of the RNC zoning district
should be increased from one hundred and twenty (120) feet to one hundred and
eighty (180) feet. Staff recommended to the Commission to recommend that the
Assembly adopt the revisions to KIBC Chapter 17.22 as proposed.
COMMISSIONER LINDSEY MOVED TO RECOMMEND that the Assembly
adopt the following revisions to Kodiak Island Borough Code Sections 17.22.050
and 17.22.100:
17.22.050 Minimum lot area and width requirements. There is a
minimum lot area of forty thousand (10,000) square feet two (2)
acres and a minimum lot width requirement of one hundred twenty
feet (120') eighty (180) feet.
17.22.100 Fences, parking and signs. Performance standards.
All permitted and conditional uses shall comply with the
performance standards listed in this section.
.A~. '\There a lot in the neighborhood commercial district is
adjacent to a lot in a residential zoning district, the ovmer of the lot
in the neighborhood commercial district shall be required to erect
and maintain a solid, four foot (1') fence along the property line,
adjacent to the residential zoning district, form the time the
property in the neighborhood commercial zoning district is
developed for any purpose.
A. Groundcover. All areas not devoted to buildings,
structures, surfaced drives, walks or parking areas, shall be
covered and maintained with grass, shrubbery, trees, rocks or
gravel, or other suitable groundcover materials to minimize
dust, erosion and sedimentation.
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Page 6 of 12
B. Additional regulations for fences, parking and signs are
contained in chapters 17.51, 17.57,and 17.60 of this title,
respectively.
B. Lighting. Any lighting uses for advertising, display, or
security purposes shall not produce glare on a public highway
or neighboring residential property.
C. Screening. Where a business use is adjacent to a
residential use or district, that business shall provide and
maintain screening as approved by the commission.
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.
COMMISSIONER STEWART MOVED TO ADOPT "Finding of Fact" as
stated in the staff memorandum dated February 6, 2001 in support of this
recommendation.
FINDING OF FACT
1. By definition, the RNC zoning district is designed to accommodate
commercial uses located in areas not served by public utilities. In
addition, a detached single-family dwelling can also be permitted on a
RNC zoned lot in conjunction with a commercial use. This kind of
potential density might not be able to be supported by lots that can be as
small as 40,000 square feet (200 ft. x 200 ft.). A minimum of two hundred
(200) feet separation is required between wells and septic systems by State
statute for Class A and B commercial uses. Increasing the minimum lot
area and lot width in the RNC Rural Neighborhood Commercial zoning
district will significantly reduce the possibility that small lots in rural
commercial areas can be negatively impacted--and conceivably, in some
cases, rendered undevelopable--through cross pollution of wells by septic
systems in close proximately on adjacent commercial properties.
The motion was SECONDED by COMMISSIONER BELL.
P & Z Minutes: February 21, 2001
Page 7 of 12
The question was called, and the motion CARRIED by unanimous roll call vote.
E) Case 01-009. Request for Planning and Zoning Commission review and approval
of proposed revisions to KIB Code Section 17.21.020 CC. (Permitted uses) for the
B-Business zoning district, to allow single family residential uses on street level,
subject to certain limitations intended to preserve the integrity and intent of the B-
Business zoning district. Borough-wide.
STAFF indicated that public hearing notice was given by agenda publication in
the local newspaper. Staff reported that a request was made for an amendment of
KIB Code Section 17.21.020 Cc. (Permitted uses) for the B-Business zoning
district, in order to allow an owner occupied single-family dwelling to be built on
street level within a commercial structure. Staff recommended that the
Commission approve the proposed revisions to KIB Code Section 17.21.020 Cc.
and forward it to the Assembly with a recommendation for approval.
COMMISSIONER WARD expressed that he would not like to participate in Case
01-009 due to conflict of interest and requested permission to step down from
proceedings. COMMISSIONERS and STAFF determined that there was not a
conflict of interest. COMMISSIONER WARD expressed that he felt he could not
give a fair and impartial decision. CHAIR SELIG excused COMMISSIONER
WARD. COMMISSIONER WARD stepped down from the proceedings at 8:05
p.m.
COMMISSIONER STEWART MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly adopt the following revisions to Kodiak Island
Borough Code Section:
17.21.20 Permitted uses. The following land uses and activities are
permitted in the business district:
CC. Single family and two-family dwellings, if located within a
structure containing a permitted business use, not exceeding fifty
(50) percent of the area of the structure, and not located on the street
level of the structure; except that an owner occupied single family
dwelling may be allowed within a street level business structure, so
long as the residential portion is predominantly located in the rear of
the structure (away from the commercial building fa<;ade( s) for
comer and multi-frontage lots), the use of the dwelling is subsidiary
and incidental to the principle commercial use, and there is no
indication, other than a separate entrance, on the street level building
facade that a residential use is located within the structure.
and to adopt the "Findings of Fact" contained in the staff memorandum dated
February 12,2001 in support of this recommendation.
P & Z Minutes: February 21, 2001
Page 8 of 12
FINDINGS OF FACTS
1. Single family and duplex residential use within commercial structures in
the B-Business zoning district is an issue that has been addressed a
number of times over the years by the Planning and Zoning Commission
and Kodiak Island Borough Assembly. The proposed amendment is not a
significant departure from prior discussions of this issue.
2. The proposed amendment is intended to make the standard more flexible
for business owners, while preserving the intent and integrity of the B-
Business zoning district for commercial use and development. The
requirement for owner occupancy of a single family residential use within
a street level commercial structure, will ensure that the use is not
incompatible with the commercial use ofthe site.
3. The amendment will not increase the practical impact of a single family
residential use within the B-Business zoning districts. Single family
residential use is still required to be subsidiary and incidental to the
principal use of the B-Business zoning district for commercial purposes.
4. The amendment, as recommended, will not change the street level
character of commercial structures in the B-Business zoning district.
5. The amendment will not create any nonconforming uses, and may reduce
some existing nonconformities and violations within the B-Business
zoning district.
The motion was SECONDED by COMMISSIONER BELL.
Regular session closed.
Public hearing opened:
Ed Randolph, applicant: Mr. Randolph supported request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
COMMISSIONER WARD returned to his seat at 8:18 p.m.
VII. OLD BUSINESS
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Page 9 of 12
There was no old business.
VIII. NEW BUSINESS
A) Election of Officers
COMMISSIONER STEWART MOVED TO POSTPONE the election of
officers until the April regular meeting.
The motion was SECONDED by COMMISSIONER BELL.
COMMISSIONER STEWART MOVED TO WITHDRAW the motion.
· Chairman
COMMISSIONER LINDSEY nominated CLARENCE SELIG as Chairman.
CHAIR SELIG asked if there were any further nominations for Chairman.
COMMISSIONER STEWART nominated DONNA BELL as Chairman.
Nominations were closed. Ballot results were:
CLARENCE SELIG = 3 votes
DONNA BELL = 2 votes
CLARENCE SELIG was elected as Chairman.
· Vice Chairman
COMMISSIONER STEWART nominated DONNA BELL as Vice Chairman.
CHAIR SELIG asked if there were any further nominations for Vice
Chairman. Nominations were closed. STAFF requested a roll call vote for
the nomination of DONNA BELL for Vice Chairman.
Mr. Lindsey voted "Yes"
Ms. Bell voted "Yes"
Mr. Stewart voted "Yes"
Mr. Ward voted "Yes"
Mr. Selig voted "Yes"
DONNA BELL was elected as Vice Chairman.
There was no further new business.
P & Z Minutes: February 21,2001
Page 10 of 12
IX. COMMUNICATIONS
A) Memorandum dated January 31, 2001 to Kodiak: Island Borough Assembly and
Mayor from Bob Scholze, Associate Planner, Community Development
Department, regarding Ordinance No. 2001-01 (Case 00-030).
B) Community Development Department draft resolution of support to the Kodiak
Area Native Association for a grant application to the First Alaskans Foundation.
There were no further communications.
It was MOVED TO ACKNOWLEDGE RECEIPT of item A through item B of
Communications, and CARRIED by unanimous voice vote.
X. REPORTS
STAFF reported the following meeting schedule:
· March 14th = Packet review work session at 7:30 p.m. in the Borough conference
room.
· March 21 5t = Regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER STEWART thanked Commissioner Ward for his integrity during the
meeting.
COMMISSIONER WARD reported that the Commissioner workshop in Anchorage was
both beneficial and enjoyable.
COMMISSIONER LINDSEY echoed COMMISSIONER WARD'S comment.
COMMISSIONER BELL thanked fellow commissioners for her term as Vice Chairman.
XIII. ADJOURNMENT
CHAIR SELIG adjourned the regular meeting at 8:30 p.m.
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Page 11 of 12
By:
ATTEST
DATE APPROVED: May 16,2001.
P & Z Minutes: February 21, 2001
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: ~"'~ ~ Ge,
Donna Bell, Vice Chair
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