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2007-07-18 Regular Minutes KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS REGULAR MEETING MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on June 20, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners David King Gary Carver Brent Watkins Bill Kersch Casey Janz Gary Juenger Vacant Present Excused X X Absent Others Present Bud Cassidy, Director Community Development Dept. Duane Dvorak, Assoc. Planner Community Development Dept. Sheila Smith, Secretary Community Development Dept. X X X X A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER'S CARVER and KERSCH. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER mENGER, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ stated Dave King was present and Gary Carver was excused. COMMISSIONER mENGER MOVED TO APPROVE the minutes as amended. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. PUBLIC HEARINGS A. Case 08-001. Request a Site Plan Review, according to KIBC 17.33, to consider a revised site plan for the hospital and long-teuu care facility to include a multi-story addition to the hospital that will be used for the Kodiak Island Community Health Center. Dvorak reported this site plan has been before the Commission before and it is with regard to the proposed Community Health Center addition. A building encroachment variance was granted in Case 07-011 and a parking variance was granted in Case 07-023. Because this case involves a building addition as opposed to a new facility, the principal alterations to the site will involve a July 18, 2007 P & Z Commission Meeting Minutes Page 1 of7 i l . . l! ii. -- - -- marginal change to the site and structure. Not shown on the site plan is proposed landscaping. Since the addition and parking area development is likely to remove much of the natural vegetation from the site and replace it with large parking areas and access drive, it would be prudent to require some kind of landscaping to break up the large parking areas shown on the proposed site plan. COMMISSIONER JANZ reminded Dvorak that this is a single story addition and not multi- story . COMMISSIONER mENGER MOVED TO APPROVE the site plan submitted as Case 08- 001, and find that the proposed development and use as shown on the site plan, and subject to a condition of approval, are consistent with the standards for development in the PL-Public Use Land zone, and to adopt the finding in the staff report dated July 11, 2007, as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CONDITION OF APPROVAL 1. The petitioner shall submit a landscaping plan for review and approval by the Planning and Zoning Commission which focuses on the new parking area development near the SW comer of the site. Approval will be obtained before the issuance of a C.O. or Final Inspection Report for the new building addition, as applicable. FINDINGS OF FACT 1. The site plan has been previously reviewed by the Commission for two variance requests and the variances have been determined to be justified under the criteria set forth in KIBC 17.66. 2. The site plan, subject to a condition of approval to address landscaping will ensure that the further development of the site is well integrated with the mixed residential and institutional uses that are located in the surrounding area. The question was called, and it CARRIED 4-0. B. Case 08-002. Request Variance, according to KIBC 17.66.020, to allow the existing house and the construction of additional living area to be built above an existing carport that projects a maximum of20 feet into the required 25 foot front yard setback. Dvorak reported this variance request is to allow the construction of additional living area to be built above an existing carport that projects a maximum of 16.4 feet into the required 25 foot front yard setback on the front of the house. At 40,002 square feet, Lot 11 is the bare minimum for the RRl zoning district. The lot is characterized by extremely steep topography sloping away from the rear of the house toward Monashka Bay Road. The only practical location for a carport is adjacent to the front of the house. The extent of the current encroachments - residence, grandfathered; carport and shop/greenhouse unpermitted constructions, are the fault of prior ownership. As indicated on the site plan, an unpermitted carport (22 feet wide by 16.4 feet) currently encroaches into the required 25 foot front yard setback. The successor owners now seek to untangle the adverse legal impediments, and utilize the existing residential footprint in order to expand the property's living area above the carport. On adjacent Lot 10, a twenty by twenty two (20 x 22) foot carport was allowed to be constructed by grant of a front yard variance July 18, 2007 P & Z Commission Meeting Minutes Page 2 of7 in 1991 (P & Z Case No. 01-036, October 1991). The similarities between the properties and requests are striking, and the uses are certainly compatible. Since this lot is significantly constrained by topography that would not otherwise accommodate a carport, this variance request is reasonable and can be justified by the required findings. Staff recommends approval with one condition regarding the greenhouse encroaching into the front yard and side yard setback and wasn't requested as part of the variance so staff recommends it be removed or relocated in a conforming manner. COMMISSIONER JANZ MOVED TO GRANT a variance, from KIB Code l7.l7.050.A (Front yard), in accordance with KIBC Chapter 17.66, to permit a twenty (20) foot encroachment into the required twenty-five (25) foot front yard setback in the RRl zoning district, in order to accommodate the existing carport located on Lot 11, Mountain View Subdivision, U.S. Survey 1678; subject to the conditions of approval contained in the staff report dated June 29, 2007; and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER mENGER SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER WATKINS MOVED TO AMEND the motion to include "accommodate the existing carport and dwelling located on Lot 11, Mountain View Subdivision." COMMISSIONER mENGER SECONDED the motion CONDITION OF APPROVAL 1. The existing twenty four by sixteen (24 x 16) foot shop/greenhouse, constructed within the required front and side yard setbacks must be removed, or relocated in a conforming manner. 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. This lot is characterized by an extremely steep slope falling away from the rear of the house toward Monashka Bay Road. This topography significantly constrains reasonable and affordable construction of a garage/carport anywhere on the property other than in front of the house. Variances provide for the fact that all lots in a particular zoning district area not equally developable according to a single set of developable standards. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict annlication of the zoninl! ordinance would result in the nractical difficultv of the nronertv .lJ. - - - - - - 0 - - -- -- - ------ ------- --- ---- ,r---------- -----------..1 -- ---- C--C---..1 owners having to pursue considerable, most likely cost prohibitive, excavation for site development in order to attach a carport and utilize the area above for additional living area. July 18, 2007 P & Z Commission Meeting Minutes Page 3 of7 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. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare since Lot 11 is located at the end of a cul-de-sac. One traditional rationale for requiring front yard setbacks-maintaining line of sight and open space uniformly along a through street-is removed. The non-permitted construction, of an entryway/carport on the house well into the front yard setback has resulted in no documented complaints or public safety issues. 17.66.050 A.4.The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as residential. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought bv the variance. Actions of the applicant did not cause special conditions or financial hardship from which relief is being sought. The steep slope of the lot essentially dictated where the house could be placed near the front of the lot. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. The question was called on the amended motion, and it CARRIED 4-0. The question was called on the main motion, and it CARRIED 4-0. C. Case 07-026. Review of the revised and updated Kodiak Island Borough Regional Comprehensive Plan. Dvorak stated this was postponed from last month. In your packet is about 4 ~ pages of revisions done since last month that were based on comments received. Chapter 12 will be available probably tomorrow. He believes the strategy hasn't changed much. Hastie stated it is a very broad decision making document and covers a wide variety of topics including land use and other topics. It identifies conditions within the borough; it talks about issues, and then policies and strategies to address those issues. It talks generally about different types of housing needs in the borough and types of residential land that might be needed to meet those needs. It doesn't get down to the level of detail of where those sites should be or how many acres are needed. It identifies a variety of issues associated with Parks & Recreation. We have been working on filling in the responsibility column in Chapter 12. The list of strategies hasn't changed except to reflect what is in the document already. We have started to suggest some responsibilities for implementing those actions. We will get it to you as soon as possible. Changes include comments received but not ali of them. In some cases, we didn't include ali comments from the public due to we felt they merited more discussion before recommending a change or we felt they were more specific than what was appropriate. We are keeping a running list of possible changes so we aren't constantly updating all 11 chapters of the document. COMMISSIONER JANZ MOVED TO APPROVE the June 2007, Draft of the Kodiak Island Borough Regional Comprehensive Plan, and transmit the plan to the Kodiak Island Borough July 18, 2007 P & Z Commission Meeting Minutes Page 4 of7 Assembly with a recommendation for adoption. It was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Bill Burton spoke regarding getting the land from Narrow Cape to Sequel Point deemed A TV free. Pam Foreman encouraged the P&Z not to approve the Plan yet because the public hasn't had the chance to see the final document, and it still needs discussion. There's a lot of reference in this plan for additional plans that need to be done such as: a Park & Recreation Plan and a Trails Plan, but she is concerned that there isn't funding. She feels there's not enough in this document to give policy direction. John Miller stated he is not in favor of approving it yet. Is there enough clear guidance in this document to make informed decisions when zoning requests come before you? He feels the Land, Ownership, and Proposed Future Land Use map in the Chiniak chapter is disjointed because it's a combination of the three. It would be much more readable and understandable to see one of each subject. He also said the map is not detailed, complete, or consistent with other area maps. The zoning decisions section is not clear. It has RR5 as a proposal but it doesn't exist. He feels there should be a couple of people from each community to help the commission edit this document. Bob Happ stated he agrees with John Miller's remarks and that the Comp Plan is not ready. Chris Lynch also urged the commission not to forward the plan yet. She stated a comprehensive plan needs to be comprehensive, and this would be our policy making document that will affect us for the next 20 years. She wants the commission to be sure that they would feel comfortable using this document as an enforcement document and a document that staff can use to develop findings of fact. We have a good foundation but it needs further refining. She feels it is short sided on land use, and most recommendations are status quo. The whole document needs a technical writer editing input because there are so many typos. Dr. Bob Johnson stated his position is the facilitator for independent senior retirement housing which is in the planning stage, and it is in your document in general. It couldn't be more specific at this time. The elderly population is rising in Kodiak. It would be a housing complex or community complex either in the form of apartments or a gated community. It hasn't been decided yet, but we just want to make sure there is land available. Public hearing closed: Regular session opened: During discussion, it was the consensus of the commission that the Comp Plan is not ready to be approved, and they would like to see the plan with changes in place. They feel there needs to be a deadline set. Dvorak recommended postponement at a minimum of September to ensure the pian can be distributed to the public. Cassidy stated after tonight it's time to look at where we're at and where we think we need to go. The budget is probably empty, but we can talk to the Assembly, the Manager, and the consultant. Hastie stated said the comments need to be as specific as possible in terms of recommended changes to specific sections of the plan. We need specific guidance. July 18, 2007 P & Z Commission Meeting Minutes Page 5 of7 CHAIR KING suggested advertising the public hearing and the deadline for comments. Hastie recommended having a special work session to talk about any substantive issues and alternatives. During discussion, it was the consensus to hold a special work session. COMMISSIONER WATKINS MOVED TO POSTPONE Case 07-026 until the October lih regular meeting. It was SECONDED by COMMISSIONER mENGER. The question was called, and it CARRIED 4-0. COMMISSIONER WATKINS MOVED to close the comment period on August 24th, schedule a special meeting on September 5th for the October meeting approval. It was SECONDED by COMMISSIONER JANZ, and it CARRIED 4-0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A. Letter of Courtesy & Advisory to Alaska Seafood Producers Inc. from Martin Lydick, Associate Planner dated June 28, 2007 Dvorak stated this is in regards to the relocation of the fireworks stand across from Bayside Fire Station. They needed to get a Zoning Compliance and provide a parking plan revision for the site. They have been into the office, and they've indicated they fully intend to comply with the code. They should have gotten a Zoning Compliance and perhaps a building permit. REPORTS Cassidy stated he has been with the department now for a month and it is working with a full plate. The Comp Plan is the biggest project we are working on now. Cassidy thanked Hastie and Dvorak for the long hours and hard work put into this plan. Cassidy also stated the Gravel Task Force gravel samples have been sent and the results should be here in a week or so. A. Meeting schedule: . July 11,2007 work session at 7:30 p.m. in the KIB Conference Room . July 18,2007 regular meeting at 7:30 p.m. in the Assembly Chambers B. Minutes from other Meetings: . May 8, 2007 Parks & Recreation Meeting Minutes AUDIENCE COMMENTS John Miiier thanked the commission for deferring the pian. COMMISSIONERS' COMMENTS CHAIR KING thanked Steve for being here to record the meeting every month. COMMISSIONER JANZ thanked everyone who came tonight with their input. COMMISSIONER mENGER appreciates everyone's diligent work on the Comp Plan. July 18, 2007 P & Z Commission Meeting Minutes Page 6 of7 COMMISSIONER WATKINS thanked everyone for coming in again being dedicated to taking care of this. CHAIR KING also thanked everyone. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 8:54 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY:~ ATTEST By: ~hf'~On.0'''c)~ Sheila Smith, Secretary Community Development Department DA TE APPROVED: August 15, 2007 July 18, 2007 P & Z Commission Meeting Minutes Page 7 of7 I ~ . . ----.J