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2008-12-17 Regular Meeting Kodiak Island Borough Planning & Zoning Commission Minutes December i~, 2008 Assembly Chambers CALL TO ORDER CHAIR KING called. to order the December Commission at 7:31 p.m. ROLL CALL 17, 2008 meeting of the Planning and Zoning Commissiners Present Excused Absent Others Present Mr. Kin X Bud Cassid ,Director Mr. Watkins X Communi Develo ment De t. Ms. Janz X Sheila Smith, Secre Mr. Kersch X Communi Develo ment De t. Mr. Purd X Ms. Harrin ton X Mr. Tones X COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER HARRINGTON who is out of town, COMMISSIONER KERSCH who is sick, and COMMIS I3RDY for personal reasons. ~ ~ ~, ~ Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES I ~ ~" ~~ JAN :.~ ~~~ J- `i F~ ~- COMMISSIONER JANZ MOVED TO APPROVE the November 19, 2008 Planning & Zoning Minutes. Voice vote on motion CARRIED unanimously AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS There are no public hearing items OLD BUSINESS A) Case 509-006. Request a vacation, according to KIBC 16.60, of the "A" Street right-of--way in Larsen Bay, located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69-3, Kodiak Recording District. The location is the Right-of--way located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69-3, Kodiak Recording District. The zoning is not applicable (adjoining December 17, 2008 P&Z Minutes Page 1 of 6 lands are currently Rl-SFR with pending rezone to B-Business for Lots 2 and 3, Block 2 and Lot 1, Block 3, Tract A, Townsite of Larsen Bay, U.S. Survey 4872. The applicant is Uyak Bay Lodge LLC and the agent is Joel Wattum. Cassidy reported there is a letter in your packet from the applicant requesting postponement due to he is working with the City of Larsen Bay trying to reach an agreement to be able to use the right-of--way. COMMISSIONER JANZ MOVED to recommend to postpone Case S09-006 until the May 20, 2009 regular meeting to give more time for the applicant and the City of Larsen Bay to work out a viable solution. Commission discussion Roll call vote on motion CARRIED 4-0. B) 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 RR1-Rural Residential One. The locations are 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B-Business. The applicant's are Luke Lester, Duncan Fields, Andy Kuljis, & Rob Lindsey. Cassidy gave some background to this case and stated staff is looking for direction on how the commission wants to proceed. COMMISSIONER WATKINS wanted clarification on if forwarding Tract K only to be rezoned would remove the 2 people who purchased land that wishes to stay zoned Business. COMMISSIONER JANZ asked for clarification on what the other properties are zoned. CHAIR KING requested to change the order and discuss the case before a motion is made. Smith told the commission that they have to make a motion before it can be discussed COMMISSIONER JANZ MOVED to 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 RR1-Rural Residential One. Commission discussion. CHAIR KING feels the commission should either approve or deny a1141ots because by splitting it up they would be getting into spot zoning issues. COMMISSIONER JANZ feels the same way but maybe it wouldn't end up so much spot zoning as bringing properties into compliance. Watkins feels that if it is starting to be developed as Business lots then Business is moving into the area so we should let businesses move in. COMMISSIONER TORRES feels this request should not be approved and the new owners can come up with a new request if they choose to do so. Roll call vote on motion FAILED 4-0. COMMISSIONER WATKINS feels that since we are starting to see Business development out there the zoning now seems to be a fruitful and valid zoning, and he doesn't see a need to change Tract K to residential because it would create a residential island in the middle of a bunch of businesses. December 17, 2008 P&Z Minutes Page 2 of 6 COMMISSIONER JANZ and COMMISSIONER TORRES feels if the owners of Tract K are still interested in rezoning to residential they should explore the properties on the other side of their lot because we don't want to do spot zoning. CHAIR KING stated when Dayton filed for a rezone we found it in order and passed it on to the Assembly and since then the property has been sold. KING does not feel that Dayton doesn't have a right to file for the rezone. COMMISSIONER WATKINS MOVED TO POSTPONE findings of fact ~on Case 08-023 to the January regular meeting. Roll call vote on motion CARRIED 4-0. C) Case 509-010. Adopt findings as Findings of Fact in support of the Commission's decision to deny Preliminary approval, according to KIBC 16.40, of the re-subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re-subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 15` Addition; and Lot 2, Block 2, Kadiak Alaska 152 Addition; including a vacation of the 60-foot wide Perenosa Drive right-of--way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B-lA and 2A, Block 1, Kadiak Alaska 15` Addition; Lot 2A, Block 2, Kadiak Alaska 15` Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 152 Addition. The location is the Perenosa Drive Right-of--Way, and the zoning is B-Business and R3-Multi-family Residential. The applicant is Michael Anderson. CHAIR KING informed the audience that the decision of the Commission shall be final unless a request for reconsideration or an appeal to the Assembly is made within 10 working days after this decision. Cassidy gave a staff report and recommended adopting findings of fact supporting the commission's denial of the original request. COMMISSIONER JANZ MOVED to adopt the findings in the Supplemental Memorandum dated December 1, 2008 as "Findings of Fact" for case S09-010. CHAIR KING read the findings of fact into the record. FINDINGS OF FACT 1. The applicant has not proven that the area being vacated is of no value to the borough. (ref: KIBC 16.60.010) 2. The applicant does not represent the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street to be vacated. (ref: KIBC16.60.020) Roll call vote on motion CARRIED 4-0. D) Case 509-011. Adopt findings as Findings of Fact in support of the Commission's decision to deny a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50-foot wide road and utility easement across the front of Lot SA, U.S. Survey 3466. The location is 2561 Beaver Lake Drive, and the zoning is RR1-Rural Residential One. The applicants are Dennis & Deborah McCusker. Cassidy gave a brief staff report recommending denial and findings of fact in support of the decision be adopted. December 17, 2008 P&Z Minutes Page 3 of 6 COMMISSIONER JANZ MOVED to grant approval of a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50-foot wide road and utility easement across the front of Lot SA, U.S. Survey 3466. Commission discussion. Roll call vote on motion FAILED 4-0. COMMISSIONER TORRES MOVED to adopt findings in support of the denial of Case S09- 011, as set forth the Supplemental Staff Report dated December 5, 2008, as Findings of Fact for this case. FINDINGS OF FACT 1. The proposed map depicting the vacation of a 5-foot portion of the Beaver Lake Drive Right- of-Way did not provide all information necessary to qualify as a preliminary plat or to describe the potential impact the vacation might have on existing roads and utilities in the area. 1. A fifty (50) foot wide Right-of--Way, whether by easement or dedication, is the minimum width required in KIBC 16.80.030. 2. The fifty (50) foot wide Beaver Lake Drive Access and Utility Easement is currently developed with electrical utilities, water and sewer utilities and a service district maintained road. 3. Maintaining the full fifty (50) foot width of the Beaver Lake Drive Right-of--Way is determined to be of value to the public for the foreseeable future. 4. Given the history and physical circumstances of Lot SA, U.S. Survey 3466, the Commission has determined that a variance would be the more appropriate means to address zoning setback issues pertaining to this property. Roll call vote on motion CARRIED 4-0 E) Case 09-006. Adopt findings as Findings of Fact in support of the Commission's decision to deny a Similar Use Determination, in accordance with KIBC 17.03.090.A & 17.29.020.A, to allow a municipal police station and ancillary use (i.e. jail, regional dispatch facility, animal control, community services activities, etc.) to be located on a site in the B-Business zoning district as a use similar in character and impact to aSingle-resident Occupancy (SRO), particularly regarding the proposed jail portion of the use. The locations are 2150, 2160, & 2170 Mill Bay Road, and the zoning is B-Business. The applicant is the City of Kodiak. Cassidy gave a staff report. COMMISSIONER WATKINS MOVED to adopt the findings contained in the supplemental staff memorandum, dated December 8, 2008, as "Findings of Fact" for the denial of a similar use determination in Case 09-006. Commission discussion FINDINGS OF FACT 1. The proposed police station, regional dispatch facility, animal control and community service uses are very similar to other office and retail services allowed in the B-Business zoning district. The jail use, however, is not similar in character and impact to a permitted Single Resident Occupancy (SRO) or other permitted residential or commercial uses permitted in the B-Business zoning district. Unlike SRO housing, which is intended to provide a form of December 17, 2008 P&Z Minutes Page 4 of 6 affordable housing near community employment and service centers, the inhabitants of a jail facility aze generally persons accused of or convicted of crimes in the community and who are being held involuntarily in jail as a secure institutional facility. 2. Jail use is not a form of housing, per se, and as an institutional use it should be located in a zoning district that applies a higher level of permitting review, rather than a minimal over- the-counter zoning compliance permit. An alternative to provide an appropriate level of public permitting review for a jail use could be provided by the PL-Public Use Land zoning district which provides for "correctional facilities" as a conditional use. For this reason the Commissioh has initiated an investigation of rezone from B-Business to PL-Public Use Land for the proposed jail site. 3. The parking issues identified by the petitioner in equating an SRO use with the proposed jail use may address an expected level of visible impact, but that rationale does not make the two uses appear to be similar as forms of housing. The SRO use is intended to provide affordable multifamily residential housing while a jail use is intended to temporarily house people accused or convicted of crimes in the community. 4. The application for similar use determination indicated that a jail use is considered by the petitioner to be a typical part of a community police station. In other verbal comments the petitioner stated that the proposed jail facility would be operated on a contract basis for the State of Alaska, which operates a limited number of similaz facilities around the state. These two viewpoints do not appear to present a consistent perception of the proposed jail facility. 5. The petitioner verbally indicated that a potential interim measure to address a jail funding shortfall would be to build the police station without a jail until construction funds are sufficient to complete the jail portion of the project as planned. Temporary holding cells could be used on an interim basis. The Commission would view the use of temporary holding cells to be part and parcel of a community police station as the persons placed in holding cells would only be held temporarily until their arraignment. Roll call vote on motion CARRIED 4-0. NEW BUSINESS CHAIR KING stated he wanted to schedule a special work session for next month. Cassidy stated he could do it under commissioner comments. CHAIR KING MOVED that with the permission of the commission he would like to add some new business into the new business. Voice vote on motion CARRIED unanimously. CHAIR KING said he wants to discuss setting up a meeting in January to discuss code revisions. During discussion it was the consensus to have a special work session to discuss code revisions and By-Laws review on Wednesday, January 7~' from 6:00 - 10:00 p.m. COMMUNICATIONS There was no communications REPORTS A. Meeting Schedule: • January 14, 2009 work session at 7:30pm in the KIB Conference Room. December 17, 2008 P&Z Minutes Page 5 of 6 a • January 21, 2009 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER WATKINS MOVED to accept reports as presented. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS COMMISSIONER WATKINS thanked Smith for working with him on teleconferencing the work session and emailing him the packet material. COMMISSIONER JANZ said with the cases they've had she thank people for being patient because she wants to feel right about what they are passing. COMMISSIONER TORRES stated he has been trying to get on the commission for a while and he's glad to be here. CHAIR KING thanked everyone and reminded them of elections for chair and vice-chair in January. He also informed the commissioners that Jim Purdy is resigning as of tomorrow. Everyone welcomed COMMISSIONER TORRES. ADJOURNMENT COMMISSINER TORRES MOVED to adjourn the December 17, 2008 Planning & Zoning Commission regular meeting. Voice vote on motion CARRIED unanimously. With no objection, the chair adjourns the meeting at 8:40 pm. KODIAK ISLAND BOROUGH ANNING & ZONIN OMMISSION By: ATTEST BY~ C ~fl ~ c ~ ~ DATE APPROVED: January 21, 2009 December 17, 2008 P&Z Minutes Page 6 of 6