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2008-05-21 Regular Meeting JUN r-'~ ::l ~ r ~'\ \ I --:: \ ,\ ;: II ; ! fl 3 0 2008 10\ ~r : : ',it- J IDJr. \ <. KODIAK ISLAND BOROUGH li\, PLANNING AND ZONING COMMISSION REGULA MEETING MAY 21, 2008 MINUTES CALL TO ORDER Chair King called to order the May 21, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Bud Cassidy, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Dave King-Chair Brent Watkins Casey J anz Bill Kersch Gary Juenger Jim Purdy Erin Harrington x X X X X X X A quorum was established. COMMISSIONER WATKINS MOVED to COMMISSIONER JUENGER. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to add as agenda Item V A that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside for a Greenhouse model Senior Extended Care Facility. COMMISSIONER PURDY SECONDED the motion, and it CARRIED by unanimous voice vote. COMMISSIONER WATKINS MOVED to approve the amended agenda. The motion was SECONDED by COMMISSIONER HARRINGTON, and it CARRIED APPROVAL OF MINUTES A. Kodiak Island Borough Planning & Zoning Commission Regular Meeting of April 16, 2008. COMMISSIONER JANZ MOVED to approve the minutes as submitted. The motion was SECONDED by COMMISSIONER W ATKINS, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A. COMMISSIONER WATKINS stated he attended the presentation regarding the extended care facility. Some of our facilities are in great need ofrepair or replacement; the police station, library, City Fire Department, the Borough and City offices, and the extended care facility. The extended care facility needs to be put right and done now. Mr. Rush presented a Greenhouse model of care system, a house model not an institutional model. The senior deserve our respect and consideration. Kodiak Island Borough May 21,2008 P&Z Meeting Minutes Page 1 of 9 COMMISSIONER WATKINS MOVED that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside for a Greenhouse Model Senior Extended Care Facility. The motion was SECONDED by COMMISSIONER JANZ. A discussion on zoning, the area, the processes, and the need for a new extended care facility. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to read "That the Planning and Zoning Commission investigate approximately 12 acres of hilltop land on Near Island above the new travel lift and appropriate zoning, and set aside for a greenhouse model senior extended care facility be considered as part of that investigation." The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6-0. PUBLIC HEARINGS A. Case 08-023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B-Business to RRl-Rural Residential One. The location is 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business Cassidy stated this rezone request is for almost 20 acres in Womens Bay from Business to RRl. The commission has heard various versions of this request. The Commission needs to weigh the need for additional residential in light of a two Comprehensive Plan efforts where the residents suggest that this area remain B-Business. Staff recommends denial of this rezone request because the Business use is still a viable use of the property as Business, especially open storage that is occurring and is a violation in the residential district; the applicants have not made a compelling case that a rezone is needed; and the Comp Plan does not support the request. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B-Business to RRI-Rural Residential One zoning, and to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Andy Kuljis phoned to support the request as part owner. Catherine Lindsey phoned to support the request. Rob Lindsey spoke in support of the request as part owner. Iver Malutin stated the Comp Plan should be reviewed and brought up to date. Bob Tarrant, agent spoke in support. Close Public Hearing: Open Regular Meeting: A brief discussion regarding Cottonwood Circle, the Comp Plan, comments submitted for the Comp Plan, and the need for residential. Kodiak Island Borough May 21, 2008 P&Z Meeting Minutes Page 2 of 9 The commission requested the Clerk to read the motion on the table. The question was called, and it CARRIED 6-0. COMMISSIONER HARRINGTON MOVED TO AMEND the previous motion to read "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B-Business to RRI-Rural Residential One zoning, and to postpone Findings of Fact until the June 18, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it CARRIED 6-0. B. Case S06-012. Request a one (1) year extension of preliminary approval for the subdivision of USS 2539, Lot 29A creating Seaview Estates, Lots 1 thru 11, and Tract A. The location is U.S. Survey 2539, Lot 29A, Womens Bay, and the zoning is RRI-Rural Residential One. Cassidy stated this request is for an extension of a preliminary subdivision, and has been advertised as a public hearing because there have been some changes made to the conditions of approval. The changes give him the option of keeping it as a private road or also investigate potential of including it in the Womens Bay Subdivision. Staff recommends this request be approved. Discussion of the motion and conditions of approval, and road service district processes. COMMISSIONER JANZ MOVED to grant a two (2) year extension (until March 15,2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2939, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. Close Regular Meeting: Open Public Hearing: Barry Still spoke in favor of the request. Close Public Hearing: Open Regular Meeting: Commission discussion on fire districts. CONDITIONS OF APPROVAL 1. Obtain approval for access to State maintained rights-of-way from the State of Alaska Department of Transportation and Public Facilities prior to final plat approval. 2. Engineering and soils testing for Lots 1 through 11 and Tract A, Seaview Estates must be provided prior to final approval, documenting that this subdivision design can satisfy ADEC requirements for on site well and septic systems. 3. Submit a solid waste disposal plan for review and approval by the Engineering and Facilities Department, prior to final plat approval. 4. Provide the documentation required in KIBC 16.40.080 for private road easements, which shall be reviewed by the Planning and Zoning Commission at a public hearing prior to final approval of the subdivision; or, in the alternative, obtain acceptance of a road dedication by the Kodiak Island Borough Engineering and Facilities Department and obtain approval of the Kodiak Island Borough May 21,2008 P&Z Meeting Minutes Page 3 of 9 creation of a new service district to provide road maintenance for this public road or successfully complete an amendment to the boundaries of the Womens Bay Road Service Area to include Seaview Estates Subdivision within this existing road service district. 5. Obtain approval for the public safety access from the local State Fire Marshal representative through the City of Kodiak Fire Department. The question was called, and it CARRIED 6-0. COMMISSIONER JANZ MOVED TO AMEND the motion to read "grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2539, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following, amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. The question was called, and it CARRIED 6-0. C. Case 08-025. Request a rezone, according to KIBC 17.72, of a portion of USS 3465, Lot 1 A- 3, from PL-Public Use Land to RRI-Rural Residential One. (Related to approved land disposal, Case No. 07-001). Cassidy stated this land has been approved for sale by both the Planning and Zoning Commission and the Assembly. This action will zone it from PL-Public Use to RRI-Rural Residential so that there will not be split lot zoning. COMMISSIONER HARRINGTON MOVED to recommend the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.72.030.C, of a portion ofUSS 3465, Lot lA- 3, from PL-Public Use Land to RRI-Rural Residential One, and to adopt the findings of fact in the staff report dated April 4, 2008 as Findings of Fact for Case No. 08-025. COMMISSIONER JANZ SECONDED the motion. Close Regular Meeting: Open Public Hearing: Close Public Hearing: Open Regular Meeting: A brief discussion FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from PL-Public Use Zoning District to RR-l Rural Residential Zoning District is justified because the property owner is entitled to consistent application of building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL-Public Use Zoning District to RR-l Rural Residential Zoning District would be consistent with the 2008 KIB Comprehensive Plan. The question was called, and it CARRIED 6-0. Kodiak Island Borough May 21,2008 P&Z Meeting Minutes Page 4 of 9 D. Case S08-015. Request for preliminary approval, according to KIBC 16.40, of the replat of USS 3466, Lot 1 and USS 3465, Lot lA-3, creating USS 3466, Lot lA and USS 3465, Lot lA- 3A. The location is 2709 Dark Lake Rd and adjoining lot on Scout Circle and the zoning is RRl- Rural Residential One & PL-Public Use. Cassidy reported this subdivision case is being done for the same reason as the previous rezone case. The Borough is transferring property to an adjacent property owner which requires survey work that relocates and changes the land boundary line. Staff recommends approval. COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of a replat ofUSS 3466, Lot 1, and USS 3465, Lot lA-3, creating USS 3466, Lot lA and USS 3465, Lot lA-3A and citing the findings of fact in the staff report. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Lorna Arndt asked if it's going to be zoned RRl and PL. COMMISSIONER WATKINS explained it will be both until it's approved by the Assembly. Close Public Hearing: Open Regular Meeting: COMMISSIONER WATKINS MOVED TO AMEND the motion to change US Survey 3466 Lot lA to read US Survey Lot 1. The motion was SECONDED by COMMISSIONER HARRINGTON. FINDINGS OF FACT 1. This plat meets the minimum standards of survey and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the 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 amended motion, and it CARRIED 6-0. The question was called on the main motion, and it CARRIED 6-0. E. Case S08-016. Request an easement vacation, according to KIBC 16.60, to vacate a 10 foot wide utility easement located along the east side of Bells Flats Alaska Subdivision, Tract D-2. The location is 220 Sargent Creek Road, and the zoning is I-Industrial. Cassidy reported this subdivision is to remove a utility easement in the back of this property. The owner wants to construct there. All utility companies who returned comments stated no objection. Staff recommends this be approved and forward to the Assembly COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 10-foot utility easement along the east side of Tract D-2, Bells Flats Alaska Subdivision, as shown on the attached as-built survey, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated May 14, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER WATKINS. Kodiak Island Borough May 21, 2008 P&Z Meeting Minutes Page 5 of 9 Close Regular Meeting: Open Public Hearing: Close Public Hearing: Open Regular Meeting: A brief discussion. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final plat approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT l.This request for replat meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2.This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.60, generally. 3.This request for vacation does not unduly diminish the public's interests. 4.This request for vacation does not unduly prejudice surrounding private property interests. The question was called, and it CARRIED 6-0. F. Case 08-024. Request a variance, according to KIBC 17.66, to allow a proposed single- family dwelling to encroach no more than ten (10) feet into the required twenty-five (25) foot front yard setback, per KIBC 17.18.050 A. Cassidy reported this case is where the owner wants to construct a building no more than 10 feet into the required 25 foot front yard setback. Because the owner wasn't sure of the amount the variance would be we have asked that the case be postponed and a drawing be provided so we don't have to visit this later because 10 feet isn't enough. COMMISSIONER JANZ MOVED TO POSTPONE Case 08-024 and schedule it for the June 18th regular meeting. The motion was SECONDED COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Lorna Arndt spoke opposing this request. Close Public Hearing: Open Regular Meeting: A brief discussion. The question was called, and it CARRIED 6-0. G. 08-026. Request a review of Proposed Winter Rules for the use of local lakes recommended by the KIB Parks and Recreation Committee March 25, 2008. The location is Island Lake, Dark Lake, & Mission Lake. Kodiak Island Borough May 21, 2008 P&Z Meeting Minutes Page 6 of9 Cassidy reported the Assembly requested the Parks and Recreation Committee to devise Winter Use of the Lakes. A number of public meetings were held where they received good input from residents around the lake and various users of the lakes. The rules were formatted similar to the Summer Rules of the Lake recently passed by the Assembly. If approved, these rules will be forwarded to the Assembly for review and public hearing. COMMISSIONER WATKINS MOVED TO FORWARD the proposed Winter Rules for the use of local lakes recommended by the KIB Parks and Recreation Committee March 25, 2008. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Mike Sirofchuck, Parks and Recreation Committee Chair spoke in support of the request. Al Birch, Mission Lake resident requested Mission Lake be exempt from these rules because Mission Lake just doesn't have the problems other lakes are experiencing. Earlene Berg stated she opposes the motor vehicles on the lake and they transit through her yard. Lorna Arndt stated last winter was the worst yet and it's the kids tearing up the lake. Close Public Hearing: Open Regular Meeting: A brief discussion of the different lakes, problems, and uses. COMMISSIONER WATKINS MOVED TO AMEND the motion to remove Mission Lake from the scope of these rules. The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6-0. The question was called on the Main motion, and it CARRIED 6-0. CHAIR KING called a brief recess at 9:50 p.m. CHAIR KING reconvened the meeting at 10:00 p.m. OLD BUSINESS There was no old business NEW BUSINESS A. Review of a screening proposal, according to KIBC 17.231.050.C, requiring Commission approval of screening on business property when it is adjacent to a residential use. (Property Owner: Martin Lydick) Cassidy reported the code does not require a public hearing for screening but it does require the commission to approve the screening that is required on Business lots that are adjacent to lots zoned residential or residential use. The applicant has requested that no screening be required because: He owns the adjacent residential zoned lots and will use the business zone lot for his residential uses. The other lot in question though zoned Business has a use that can be considered residential. Once again the applicant is requesting no screening be provided and the reason why: Kodiak Island Borough May 21, 2008 P&Z Meeting Minutes Page 7 of 9 The reason has to do with the geography of the lot and its configuration to the adjacent lot. The fence if required would actually block off the bottom of the stairs. This lot is zoned business and the use of a Single Resident Occupancy is a permitted use in the Business District and not in the residential. COMMISSIONER HARRINGTON MOVED that the commission finds that no screening is required between this business zoned parcel and an adjacent residential parcel as required in KIBC 17.21.050.C Performance Standards - Screening unless and until the use of the trailer park and the benefit of this business zoned area by its owner/tenants is severed. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. The question was called, and it CARRIED 6-0. COMMUNICATIONS Cassidy reported the first communication is the Alaska Energy Authority announced an Energy Town Hall Meeting at the Kodiak College where they will be taking input. The next 2 communications are letters of Courtesy & Advisory and Notice of Violation from our Enforcement Officer and there are 2 specific landowners that are in violation. We provide these to you because you are the entity that, if appealed, goes to you for a decision. Last is an article on shrinking rural villages. We have been seeing a rapid rate of population decline in our rural villages. A. AEA Announces Energy Plan Town Hall Meetings-May 22, 2008 from 4-8 p.m. at the Kodiak College B. Letter of Courtesy & Advisory dated April 28, 2008 C. Notice of Violation dated May 2,2008 D. Email re: Shrinking Villages COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. The motion was SECONDED by COMMISSIONER HARRINGTON, and it CARRIED by unanimous voice vote. REPORTS A. Meeting Schedule: · June 11,2008 work session at 7:30pm in the KIB Conference Room. · June 18,2008 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER HARRINGTON MOVED TO ACCEPT reports as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONER'S COMMENTS COMMISSIONER JANZ stated the trip to Larsen Bay was very educational, and she hopes we have sun for the Crab Fest. She also thanked Parks & Rec. Kodiak Island Borough May 21, 2008 P&Z Meeting Minutes Page 8 of9 COMMISSIONER HARRINGTON thanked staff for their successful trip to Larsen Bay, and she would like to see P&Z pro-actively take on some ordinance review. She thanked WATKINS for bringing up the long term care issue. She is excited about the Green House model. COMMISSIONER WATKINS said he will be at the AEA meeting tomorrow. He also thanked staff for all the support in Larsen Bay. COMMISSIONER PURDY asked everyone to think about the quality of life as the community shrinks, and be considerate. CHAIR KING thanked staff for all their hard work. He is very proud of the commission. ADJOURNMENT COMMISSIONER KERSCH MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ. The meeting adjourned at 10: 17 p.m. ATTEST KODIAK ISLAND BOROUGH G AND ZONING COMM SSION By: By ~p..lOn ~~ Sheila Smith DATE APPROVED: June 18, 2008 Kodiak Island Borough May 21,2008 P&Z Meeting Minutes Page 9 of 9