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2008-07-16 Regular MeetingKodiak Island Borough Planning & Zoning Com Meeting Minutes ,..___ ,_, ._._ I ,, - ~ ~...-' ~~ , ~ ~ - :,.r ~ ~ ~ P I C; ,_ _ _.., ssion July i6, 2008 Regular Meeting Assembly Chambers CALL TO ORDER CHAIR KING calls to order the July 16, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioner Present Absent Excused Others Present Mr. King X Duane Dvorak Mr. Watkins X Communit Develo ment Ms. Janz X Sheila Smith Mr. Kersch X Community Develo ment Mr. Juen er X Bud Cassid Mr. Purd X Community Develo ment Ms. Harrin on X A quorum was established. COMMISSIONER HARRINGTON MOVED TO EXCUSE COMMISSIONER JANZ and COMMISSIONER KERSCH. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda. The motion was SECONDED by COMMISSIONER JUENGER and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER HARRINGTON MOVED TO APPROVE the June 18, 2008 Planning & Zoning minutes as submitted. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 08-028. Request a Similar Use Determination, according to KIBC 17.03.090 Similar Uses, to allow a Cultural Heritage Center as a permitted use in the R2-Two Family Residential zone which is a use similar in character and impact to a permitted Church use. Dvorak gave a staff report. Commission discussion COMMISSIONER JUENGER MOVED to determine, according to 17.03.090 Similar Uses, to allow a Cultural Heritage Center as a permitted use in the R-2 Two Family Residential Zone as a use similar in character and impact to a permitted Church use, and to adopt the Findings of Fact P&Z Meeting Minutes July i6, 2008 Page i of 6 contained in the staff report dated June 26, 2008 as "Findings of Fact' for Case No. 08-028. The motion was SECONDED by COMMISSIONER WATKINS. Close regular meeting: Open public hearing: Trevor Jones, agent spoke in support of this request. Close public hearing: Open regular meeting: COMMISSIONER PURDY asked Jones if there will be any commercial activities. Jones stated we do allow other groups to utilize the pavilion and do community functions. He said we see it as providing a community service, and it's not part of our plan to generate funds. Jones said we currently allow use of the pavilion facility 4 - 6 times a year at $250. CHAIR KING asked Jones if they currently hold school at the Baptist Mission. Jones said we have both preschool programs and after school programs. COMMISSIONER JUENGER asked Jones if there has been a traffic study of any type done. Jones stated the architects have worked hard on analyzing the parking not only around the building but the parking throughout the whole mission. They are confident of what is being proposed is quite adequate. COMMISSIONER HARRINGTON asked if the parking requirements exceed the code requirements. Jones stated he doesn't know if they exceed or just make it but the architects are comfortable with the parking plan in place. COMMISSIONER JUENGER asked if there is access from Mission Road. Jones stated there is access from Mission Road and Rezanof Drive, and there are also utilities there. COMMISSIONER JUENGER asked if in its entirety this is additional to what is existing on the site plan. Jones stated there are some existing facilities on the site plan, the pavilion. COMMISSIONER WATKINS asked if there was any discussion with the board about defining this as its own lot within the Mission property. Jones stated no, 2 days ago is the first time this was suggested, and this is the first opportunity he's had to respond in any way to staff recommendations. COMMISSIONER HARRINGTON stated the applicant raises an interesting point that the rest of the complex and the way it's zoned while it is relevant, it is a good point that if we find this is a similar use and it would be allowed in R2 zoning of that portion of land. Regardless of any concerns that staff may have about the complex just on the merits of the zoning and if we think it's a similar use then there wouldn't be any reason of denying it. COMMISSIONER PURDY asked if there are lodging facilities inside of this. Jones replied no. P&Z Meeting Minutes July i6, 2008 Page 2 of 6 COMMISSIONER HARRINGTON said generally you aren't planning on increasing any programmatic offerings significantly so much as using your space in a different kind of way. Jones stated yes. The question was called, and it CARRIED 4-1. The No vote was COMMISSIONER JUENGER. CHAIR KING stated we just adopted Findings of Fact that don't match the motion. Dvorak stated to make another motion to amend the findings and then develop findings that epitomize the reasoning behind the votes. If you develop findings this evening and amend the findings you just adopted then the appeal period would begin tomorrow and we would be in a position to issue a permit sooner. COMMISSIONER PURDY MOVED to defer making an amendment for new Findings of Fact in Case No. 08-028 until the end of the meeting. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED 5-0. B. 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.OSO.A. Dvorak gave a staff report and passed the site plan around to the commissioners. COMMISSIONER HARRINGTON MOVED to grant a Variance, according to KIBC 17.66.010, to allow a ten (10) foot encroachment into the required twenty-five (25) foot front yard setback, per KIBC 17.18.050 A; and to adopt the findings of fact in the staff report dated June 26, 2008, as "Findings of Fact" for case 08-024. The motion was SECONDED by COMMISSIONER WATKINS. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion. 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 constrained by exceptional physical conditions, which generally do not apply to the majority of other properties in the same land use district. The steep cliff in the rear of the lot severely constrains the property owner's options in locating the proposed residence on the remainder portion of the lot. 17 66 050 A 2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 17 66 050 A 3 The rg anting 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. P&Z Meeting Minutes July i6, 2008 Page g of 6 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. The proposed project would not infringe upon, or into, abutting properties, nor be of such magnitude that the overall volume of the project would constitute a detriment to neighborhood characteristics. The new residence will be connected to municipal water and sewer systems. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site specific standards such as setbacks. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein sou It by the variance. The intent of the KIB variance standards, and the applicable Alaska Statutes which form their basis, is to require the adjudication of variance requests before the property owner undertakes construction activity and makes significant investments. In this case, the petitioner has recognized site specific limitations and has acted with prudence in requesting a variance prior to making any unrecoverable investment. 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 and it CARRIED 5-0. A. Case 08-028. Amending the Findings of Fact was deferred until the end of the public hearings. A brief discussion of the re-wording of the findings. COMMISSIONER WATKINS MOVED to adopt the findings of fact for Case 08-028 - 1. The petitioner currently occupies a tract of land encompassing 12.72 acres, more or less. 2. The tract of land currently supports multiple uses. 4. The proposed land uses are consistent with those allowed in the current zoning and are similar in character and impact to the current uses. 5. Although the situation of mixed use and zoning is not generally compatible with good land use practices, the facility proposed has benefit to the community and youth of the mission. COMMISSIONER HARRINGTON SECONDED the motion. COMMISSIONER HARRINGTON MOVED TO AMEND the main motion so that it is a motion to amend the findings of fact rather than adopt the findings of fact. The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT 1. The petitioner currently occupies a tract of land encompassing 12.72 acres, more or less. 2. The tract of land currently supports multiple uses. 3. Tract of land is zoned Urban Neighborhood Commercial and R2-Two Family Residential. 4. The proposed land uses are consistent with those allowed in the current zoning and are similar in character and impact to the current uses. 5. Although the situation of mixed use and zoning is not generally compatible with good land use practices, the facility proposed has benefit to the community and youth of the mission. The question was called on the amended motion and it CARRIED 5-0. P&Z Meeting Minutes July i6, 2008 Page 4 of 6 The question was called on the main motion and it CARRIED 5-0. OLD BUSINESS There is no old business NEW BUSINESS There is no new business COMMUNICATIONS There are no communications REPORTS A. Meeting Schedule: • August 13, 2008 work session at 7:30pm in the KIB Conference Room. • August 20, 2008 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes of Other Meetings • March 11, 2008 Parks & Recreation Committee Meeting Minutes • March 25, 2008 Parks & Recreation Committee Meeting Minutes Dvorak gave a staff report. COMMISSIONER WATKINS MOVED to accept reports as presented. The motion was SECONDED by COMMISSIONER PURDY and CARRIED by unanimous voice vote. Dvorak also stated on tomorrow night's Assembly meeting agenda there are 3 cases: the Berg rezone, the Womens Bay Russian Creek rezone, and the introduction of the Coastal Management Plan Amendment. The Maschmedt rezone has also been elevated to the Assembly level and will be introduced in August. The commission should think about participating in this process so the commission's recommendation is represented. CHAIR KING stated he attended a Parks & Recreation Committee meeting a couple of weeks ago and he feels everyone should do that occasionally. AUDIENCE COMMENTS There were no audience comments COMMISSIONER'S COMMENTS COMMISSIONER HARRINGTON said she applauds the mission for their projects. She's also been doing research into bicycle friendly city designation and she would like the commission to consider making a formal recommendation at a later date to the Borough to formalize a commitment to include cycling in transportation and development planning. Harrington also said the Public Library has entered into a memorandum of understanding with the City of Kodiak that outlines the development path. COMMISSIONER JUENGER said he's excited for the Kodiak Baptist Mission. COMMISSIONER PURDY said he attended the meeting regarding the future plans of waste management and also the meeting on the airport. He also encourages everyone to find out about both. He also thanked the CHAIR KING for being here tonight. COMMISSIONER HARRINGTON stated she will be at the work session but not the regular meeting. P&Z Meeting Minutes July i6, 2008 Page 5 of 6 COMMISSIONER JUENGER stated he will not be at the work session but he will be at the regular meeting. CHAIR KING asked if the by-laws have been ratified. ADJOURNMENT COMMISSIONER HARRINGTON MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. KODIAK ISLAND BOROUGH PLA G AND ZONING C MMISSION By: ~ . ~' Dave King ATTEST By: ~~-l~A ~'~kYl ~~ Sheila Smith, Secretary Community Development Department DATE APPROVED: August 20, 2008 P&Z Meeting Minutes July i6, 2008 Page 6 of 6