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2008-08-20 Regular Meeting_ _. ~-~ 1 I k I.'1~ ' ~ ._. .. . KODIAK ISLAND BOROUGH PLANNING & ZONING COMM MEETING MINUTES 20, 2008 Regular M b{N SEP i ~ 2u~3 r CALL TO ORDER Chair King calls to order the August 20, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioner Present Absent Excused Others Present Mr. Kin X Bud Cassid ,Director Mr. Watkins X Communit Develo ment Ms. Janz X Sheila Smith, Secret Mr. Kersch X Communit Develo ment Mr. Juenger X Mr. Purd X Ms. Harrin on X A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS JUENGER and HARRINGTON. COMMISSIONER JANZ SECONDED the motion and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the agenda. The motion was SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the July 16, 2008 Planning & Zoning Minutes. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. PUBLIC HEARINGS A. Case 509-001. Request preliminary approval, according to KIBC 16.40, of the re-subdivision of Lots 2B and 2C, Block 1, Bells Flats Alaska Subdivision creating Lots 2B-1 and 2C-1, Block 1, Bells Flats Alaska Subdivision; and, preliminary approval of the vacation of a 20-foot wide utility easement, according to KIBC 16.60, which is centered over the lot line for existing Lot 2B. The applicant is Mark Levenson. The location is 11914 & 11876 Middle Bay Drive, Bells Flats, and the zoning is RR1-Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant preliminary approval according to KIBC 16.40, of a replat of Lots 2B and 2 C, Block 1, Bells Flats Alaska Subdivision into Lots 2B-1 and 2C-1, P&Z Minutes August 20, 2008 Page i of 5 Block 1, Bells Flats Alaska Subdivision. The motion was SECONDED by COMMISSIONER PURDY. The question was called, and it CARRIED 5-0. COMMISSIONER JANZ MOVED to grant approval of a vacation of a 20 foot wide utility easement, according to KIBC 19.60.060, subject to review and approval by the Borough Assembly at their next meeting. The motion was SECONDED by COMMISSIONER WATKINS. The question was called and it CARRIED 5-0. B. Case 509-002. Request preliminary approval, according to KIBC 16.60, of the vacation of a 10-foot portion of a utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1 S` Addition, per the submitted sketch plan. The applicant is John Klemzak. The location is 309 Bay Circle and it is zoned is RR1-Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 20-foot portion of an undeveloped utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, lsc Addition, as shown on the attached sketch map submitted by the petitioner with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER JANZ. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. The question was called and it CARRIED 5-0. C. Case S09-004. Request preliminary approval, according to KIBC 16.60, of the vacation of a 15-foot portion of the Hillcrest Drive right-of--way to be incorporated into the adjoining Lot 10, Alder-Natalia Subdivision per the submitted sketch plan. The applicant is Alicia Drabek, and the agent is Tony Drabek. The location is 107 Natalia Way and it is zoned R3-Multi Family Residential. Cassidy gave a brief staff report. COMMISSIONER PURDY MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 15-foot portion of the Hillcrest Drive right-of--way as shown on the attached map/as-built survey submitted with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER WATKINS. Tony Drabek, agent, spoke in support of this request. P&Z Minutes August 20, 2008 Page 2 of 5 During discussion, it was the consensus that it is unbuildable land. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the City of Kodiak Council for review prior to final approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. The question was called and it CARRIED 5-0. D. Case 09-001. Request a Variance, according to KIBC 17.66, to allow an 8-foot variance from KIBC 17.57.080.F.1 which would allow a 40-foot wide driveway to serve Commercial Tract 1 of Tract S-SA-1, and other abutting and adjoining lots in the Mill Bay Plaza Complex, when a 32 foot wide driveway is the maximum width permitted by code. The applicant is Mill Bay Plaza, and the agent is Bob Brodie. The location is 2675 Mill Bay Road and it is zoned B-Business. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant A Variance, according to KIBC 17.66, to allow an 8-foot variance from KIBC 17.57.080.F.1 which would allow a 40-foot wide driveway to serve Commercial Tract 1 of Tract S-SA-1, and other abutting and adjoining lots in the Mill Bay Plaza Complex, when a 32 foot wide driveway is the maximum width permitted by code; and to adopt conditions of approval and the findings of fact in the staff report dated July 18, 2008, as "Findings of Fact" for case 09-001. The motion was SECONDED by COMMISSIONER WATKINS. George Rieth spoke on behalf of Bob Brodie, applicant, in support of this request. A brief discussion. CONDITIONS OF APPROVAL 1. In order to redress the current surface drainage deficiencies, the expansion and realignment of the existing driveway must be coordinated with the City Engineering Department. 2. Any work that occurs within the Mill Bay Road right-of--way must be accomplished with an inspection agreement between the property owner and the City Engineering Department. 3. The property owner is encouraged to incorporate a pedestrian walkway along the side yard frontage of Tract S-4A-1B. 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. The subject parcels were originally subdivided in compliance with existing Title 17 requirements. Exceptional physical circumstances distinguishing the subject site from other P&Z Minutes August 20, 2008 Page 3 of 5 similarly zoned properties do not exist, however, conditions restricting the intended use and development of the property do. Title 17 did not anticipate the pace and evolution of modern business development, and the requirements of meeting the demands of today's consumer. The site has evolved into a major business node with extremely high traffic counts. The facilitation of traffic movements entering and exiting the site represents enhancements to public safety and economic efficiencies. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. Sufficient land area is available to accommodate the request for variance and strict adherence to the current zoning ordinance would un-necessarily burden the property owner and the public. 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. 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 variance would enhance neighborhood characteristics by contributing to improved traffic patterns. The question was called and it CARRIED 5-0. OLD BUSINESS There was no old business NEW BUSINESS There was no new business COMMUNICATIONS A. 2010 Census B. Re-evaluation of Alaska Coastal Management Program (ACMP) Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept communications as submitted. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. REPORTS C. Meeting Schedule: • September 10, 2008 work session at 7:30pm in the KIB Conference Room. • September 17, 2008 regular meeting at 7:30pm in the Assembly Chambers. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept reports as presented. The motion was SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote AUDIENCE COMMENTS There were no audience comments. P&Z Minutes August 20, 2008 Page 4 of 5 COMMISSIONER'S COMMENTS COMMISSIONER JANZ stated she would like to schedule time in September to talk about some of the zoning issues. COMMISSIONER WATKINS thanked COMMISSIONER PURDY for his input on the pedestrian access around the Safeway entrance, and thanked the property owners for looking to do something with it. COMMISSIONER PURDY said he also encourages the property owners of the complex to put in a nicer intersection because it's a great opportunity to take care of a lot of problems. CHAIR KING said he'll be here for the September work session but not the regular meeting, and we need to figure out when the commission can go to Larsen Bay. King said will be here September 8th - 12th and will be gone the rest of the month. COMMISSIONER WATKINS said he will be out of town but right around the corner so it doesn't matter. Cassidy said we can hold the meeting and come back that night but we do have 4 cases. COMMISSIONER PURDY asked if we are going to have a work session. Cassidy said we need to figure out when we are going and then we can work backwards, and we do need to have a work session. The lodge owners said they will be there at the end of the month but since it's becoming problematic is it better to hold the meeting in October when they may not be there or in September. Staff will make some calls to see what they would prefer to do. We need to get at least 4 commissioners that can go. COMMISSIONER JANZ asked if Saturdays are an option because the second week in September would be hard for her to take off as a teacher. Janz would also like a work session before they go so they can review the issues and be prepared. COMMISSIONER PURDY stated that only one owner will be gone. Cassidy said he's not sure and he is planning on calling them. We will just have to do the best we can. ADJOURNMENT COMMISSIONER WATKINS MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. The meeting was adjourned at 8:15 p.m. DIAK ISLAND BORUGH PLANN D ZONING COMMISSION Dave King b~ ~ ~~,~, ATTEST By: ~~ a01~ ( jZQ6, Sheila Smith, Secretary Community Development Department DATE APPROVED: September 17, 2008 P&Z Minutes August 20, 2008 Page 5 of 5