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2010-09-30 Regular Meeting La - - --- I � I KODIAK ISLAND BOROUGH i� NOV 9 2010 L , I PLANNING & ZONING COMMISSION I MINUTES — _ - -_. -- L BOROUGH CLERK'S F S 0, FIDE September 30, 2010 Assembly Chambers CALL TO ORDER CHAIR KING called to order the September 30, 2010 regular meeting of the Planning & Zoning Commission postponed from September 15, 2010 at 7:30 p.m. ROLL CALL Commissioners present were Dave King, Brent Watkins, Bill Kersch, and Alan Torres. Excused members were Casey Janz who is on personal leave and Jay Baldwin who is out for government business. A quorum was established. COMMISSIONER WATKINS MOVED to excuse Casey Janz due to being on personal leave and Jay Baldwin due to being out on government business. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Duane Dvorak and Sheila Smith. Casey Janz had requested to be excused for personal leave and Jay Baldwin had requested to be excused for work reasons. PLEDGE OF ALLEGIANCE CHAIR KING led the pledge of allegiance. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the agenda as posted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER TORRES MOVED to approve the July 21, 2010 and August 18, 2010 Planning & Zoning Regular Meeting Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) CASE 11 -001. Request a Variance, according to KIBC 17.195, to allow a newly constructed single - family dwelling to encroach one -tenth of a foot (1.2 inches), into the required 5 -foot side yard setback required under KIBC 17.85.040.B. The applicants are Kyle & Teri Eaton. The location is 416 Hillside Drive and the zoning is R3- Multi - Family Residential. 9/30/2010 Page 1 of 7 Planning & Zoning Minutes Dvorak gave a staff report stating 58 public hearing notices were sent out and no responses. Staff recommends approval of this request. In response to COMMISSIONER WATKINS'S inquiry does the code say that we measure to the foundation wall of the foundation, Dvorak stated no, it's not in the code but with talking with Director Cassidy we felt the best thing to do if there is concern is to clarify it in a condition of approval. COMMISSIONER TORRES MOVED to grant a Variance, according to KIBC 17.195, to allow a newly constructed single- family dwelling to encroach one -tenth of a foot (1.2 inches), into the required 5 -foot side yard setback required under KIBC 17.85.040.B, and to adopt findings contained in the staff report dated August 4, 2010 as "Findings of Fact" for Case 11 -001. The public hearing was opened & closed: There was no public comment. Brief discussion. FINDINGS OF FACT 17.195.050 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 lot is nonconforming due to deficient width and total land area. Generally, other lots in the same land use district do not suffer from the reduced building envelope available on the property subject to this request for variance. 17.195.050 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 an unnecessary hardship in the form of construction delays and increased financial hurdles due to an extremely minor construction error. 17.195.050 A.3. The granting 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. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity. The proposed single - family residential use will maintain density below the allowable threshold limit in the immediate neighborhood. There will be no compromise to public health, safety, and welfare. 17.195.050 A.4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting of the variance will not increase existing density or alter any permitted land uses, and is not contrary to the objectives of the Comprehensive Plan which designates this area as residential. 17.195.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions for which relief is being sought by variance. The "miscue" is a result of sub - contractor error. Actions undertaken by the property owners to address the unfortunate error are timely, and the relief sought is minimal in nature. 9/30/2010 Page 2 of 7 Planning & Zoning Minutes 17.195.050 A.6. That the granting of the variance will not permit a nrohibited land use in t e district involved. The proposed single - family residence will maintain the pattern established on the abutting lots (east and west) and is a permitted land use in this zoning district. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 11 -002. Request a Zoning Map Replacement, according to KIBC 17.30.040 that states when the existing zoning map is "damaged, destroyed or becomes difficult to interpret" it may be replaced by the adoption of a replacement zoning map. A new zoning map has been created using the Kodiak Island Borough- Geographic Information System (KIB -GIS) as a replacement for the existing AutoCAD based zoning map. The applicant is the Kodiak Island Borough /Community Development Department. Dvorak gave a staff report stating no public hearing notices were sent out and the purpose of the replacement zoning map is about the zoning part of it. The AutoCAD map has been difficult to interpret and can no longer be maintained due to changed technology. COMMISSIONER TORRES MOVED to recommend to the borough assembly the adoption of a new zoning map. Brief discussion. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 11 -003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. The applicant is John Zbitnoff. The location is 465 Sargent Creek Road and the zoning is I- Industrial. Dvorak stated 10 public hearing notices were sent out and more than 3 dozen opposing responses were received including 2 petitions. Two favorable responses were received. Staff had recommended approval of the Similar Use however the Conditional Use would come back to the commission because staff couldn't review a Conditional Use permit without a detailed site plan. The petitioner has requested postponement until January. The property has turned to a new use, log storage, that hasn't been permitted or reviewed and there maybe a need for a screening review. COMMISSIONER WATKINS MOVED to postpone Case 11 -003 until the January 2011 regular meeting of the Planning & Zoning Commission. The public hearing was opened & closed: Testimony opposing the request was given by Diane Doucette Cooney, Marie Rice, Joe Cornelius, Jessica Horn, Nancy Kracke, and Dale Rice. Favorable testimony was given by Jasha Zbitnoff. Brief discussion. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY 9/30/2010 Page 3 of 7 Planning & Zoning Minutes D) Case S09 -005. Request an extension of preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates creating Lots 3A through 3E, Kalsin Bay Estates. The applicant is Wayne Sargent and the agent is Grant Shields. The location is Kalsin Bay Estates, Lot 3 and it is zoned C- Conservation. Dvorak reported 8 public hearing notices were sent out and no responses were returned. This case was approved by the commission twice in preliminary status. The petitioner has had difficulty meeting some conditions of approval because it involves dealing with state agencies so they've requested an extension to complete the process. Staff recommends granting this request. COMMISSIONER TORRES MOVED to grant an extension of preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates creating Lots 3A through 3E, Kalsin Bay Estates, per Kodiak Island Borough Code 16.40.060 F, subject to two (2) conditions of approval, and to adopt the findings contained in the staff report dated August 27, 2010 as "Findings of Fact" for Case S09 -005. The public hearing was opened & closed: There was no testimony given. Brief discussion. COMMISSIONER TORRES MOVED to amend the motion for Case S09 -005 to read grant an extension of preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates creating Lots 3A through 3E, Kalsin Bay Estates, per Kodiak Island Borough Code 16.40.060 F, subject to three (3) conditions of approval, and to adopt the findings contained in the staff report dated August 27, 2010 as "Findings of Fact" for Case S09 -005. (Motion was made during Commissioner's Comments) CONDITIONS OF APPROVAL 1. This time extension of the preliminary plat approval procedure shall be effective for 24 months following the Commission's decision. 2. Conditions of Approval attached to the original preliminary plat approval on October 15, 2008, shall remain in full force and effect. 3. The subdivider shall submit the final plat for Commission approval prior to recording. FINDINGS OF FACT 1. The applicant submitted the required request for a time extension in a timely manner. 2. The applicant has not engaged in undue delay in meeting the Conditions of Approval originally attached to the preliminary approval granted October 15, 2008. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY (Motion made & voted on during Commissioner Comments) VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY E) Case 11 -004. Request a Variance, according to KIBC 17.66.020 (Variances), to allow a residential scale wind turbine tower to exceed the 50 foot height limitation set forth in KIBC 17.130.060 (Building Height) for utility installations, by an additional 10 feet (not including the turbine blades); and A Site Plan Review, according to KIBC 17.130.020.P (Permitted Uses) to consider a detailed site plan for a proposed wind turbine (utility installation), with or without 9/30/2010 Page 4 of 7 Planning & Zoning Minutes the above reference variance. The applicant is Kodiak Island Borough and the agent is Scott Williams. The location is 722 Egan Way and it is zoned PL- Public Use Land. Dvorak stated the applicant requests postponement so they can look for another site and will probably request it come back in December. We also received a couple of written comments. With discussions it was determined this site is not a compatible site for the wind turbine installation. Staff recommends postponement until more information is received. COMMISSIONER WATKINS MOVED to postpone the public hearing and the commission's consideration for Case 11 -004 until the January 2011 regular meeting of the Planning & Zoning Commission. The public hearing was opened & closed: Public testimony was given by Jasha Zbitnoff, and Nancy Kracke. Neither objecting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Board of Adjustment Appeal Results Letter for Case 10 -013 B) Letter to ADF &G re: Letter of Support for the Proposed Bike Path C) Letter re: the Hearing Examiner's Decision on Case 10 -016 D) "Housing for the Homeless" Article Dvorak gave a brief staff report on the communications. COMMISSIONER TORRES MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule The next Planning & Zoning meetings are the October 13, 2010 work session at 6:30pm in the KIB Conference Room and the October 20, 2010 regular meeting at 6:30pm in the Assembly Chambers. Discussion of moving the October Planning & Zoning work session and regular meeting to 6:30 p.m. COMMISSIONER TORRES MOVED to change the meeting times on October 13, 2010 work session and the October 20, 2010 regular meeting from 7:30 p.m. to 6:30 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Dvorak stated at the work session commissioner training was discussed and Director Cassidy informed him that the budget for travel this year is $4500. We estimated to send someone to Juneau would be up to $1800 per person so we can only send about 2 1 /2 9/30/2010 Page 5 of 7 Planning & Zoning Minutes commissioners to training. We sent everyone last year to Anchorage and this is quite a bit more expensive. Dvorak said Jack Maker will be the new enforcement officer starting Monday. He also said LSL met with 4 focus groups recently. A lot of interviews were held and a lot of good feedback given. Chris Beck did a session with the Rural Leadership Forum at the Kodiak College. Val Lazdin wants to come back to meet with the commission and assembly. November lath would probably be the soonest. It was the consensus to meet with LSL after the work session on November lath and catch up with the motions in October. During discussion of the Planning Commissioner training the commission expressed all commissioners should go because of the benefits gained; the training itself, the networking, learning from others and what they have done, and the discussion afterwards because we all pick up on different areas and are able to discuss it and take more out of it. They also expressed that cheaper rates than $1800 a person can be found. Discussion of the commission receiving calls from Karluk wanting to know when the commission is coming to see them, and the need to go to Karluk because it sounds like there are issues on the river and they would really like to talk to us. Smith returned with the Planning Commissioner training info. Dvorak said the intent is to offer this training on an annual basis and that 2 commissioners could go on a rotating basis every year, and try to build more money into the budget and still allow for some travel within the borough. The commission could also lobby the assembly for supplemental appropriation. Dvorak said it would be best to have a hierarchy so you can go down the list when someone can't go. The commission consensus of the hierarchy list of Jay Baldwin, Alan Torres, Brent Watkins, Bill Kersch, Dave King, and then Casey Janz. B) Abbreviated and Final Approvals — Subdivisions COMMISSIONER TORRES MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS Alan Torres stated on Case S09 -005 the motion read 2 conditions of approval and there are 3 conditions. COMMISSIONER TORRES MOVED to amend the motion for Case S09 -005 to read grant an extension of preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates creating Lots 3A through 3E, Raisin Bay Estates, per Kodiak Island Borough Code 16.40.060 F, subject to three (3) conditions of approval, and to adopt the findings contained in the staff report dated August 27, 2010 as "Findings of Fact" for Case S09 -005. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY 9/30/2010 Page 6 of 7 Planning & Zoning Minutes Alan Torres said when we were looking into some waste to energy things we learned that the federal law requiring utilities to buy power back has an exception, if that utility had over a certain percentage of renewable energy they weren't required to buy power back from individual sources. As far as he knows KEA isn't required to buy power back from a home generation source, and in other places they are. Bill Kersch thanked staff for getting the code enforcement officer hired. Kersch said the conex van is gone from the Lighthouse Church but they are still popping up around town. Brent Watkins said he's glad we had a quorum tonight and he thanked the audience for coming and giving their input. ADJOURNMENT COMMISSIONER TORRES MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING adjourned the meeting at 9:06 p.m. KODIAK ISLAND BOROUGH P ANNING & ZONING COMMIS ION B y : ATTEST By: 2PtOrz .t ct L Sheila Smith Community Development Dept. APPROVED: October 20, 2010 9/30/2010 Page 7 of 7 Planning & Zoning Minutes