Loading...
2011-09-21 Regular Meeting IE KODIAK ISLAND BOROUGH j ' ! PLANNING & ZONING COMMISSION ll; OCT 2 1 2011 iJ MINUTES BOROUGH CLERK'S OFFICE September 21, 2011 6:30 p.m. in the-Assembly-C-hambers— CALL TO ORDER CHAIR TORRES called to order the September 21, 2011 regular meeting of the Planning & Zoning Commission at 6:37 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Committee members present were Brent Watkins, Casey Janz, Bill Kersch, Alan Torres, Jay Baldwin, Alan Schmitt, and Rick Vahl. Community Development Department staff present was Duane Dvorak and Sheila Smith. A quorum was established. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the September 21, 2011 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the August 17, 2011 Planning & Zoning Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -002. Request a rezone, of 7A, 7B, 8, 9A, 9C, 9D, 10A1, 10A2 and 10C, USS 3099, according to KIBC 17.205 & 17.80 from R1 Single- Family Residential to R2 -Two Family Residential. The applicant is the Planning & Zoning Commission. The location is various addresses from Cut Off Road to the Water Treatment Plant and the zoning is R1- Single Family Residential. CHAIR TORRES recused himself due to a conflict with Case 12 -002. Dvorak reported 42 public hearing notices were sent out and 1 response was received in opposition. Staff feels this request is consistent with the Comp Plan's Goals and Objectives and recommends the commission forward this to the Assembly recommending approval. COMMISSIONER SCHMITT MOVED to recommend the rezone of Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A- 2, and 10C, U.S. Survey 3099, from R1- Single Family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. The public hearing was opened & closed: There was no public testimony. Discussion 9/21/2011 Page 1 of 7 P &Z Minutes FINDINGS OF FACT 17.72.020 A. Findings as to the Need and lustification for a Change or Amendment. There was no need or justification for rezoning a single lot in a neighborhood to a zoning district different than the surrounding area. Such as rezone will be out of place spot zoning in the context of being totally surrounded by other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. The Commission expanded the rezone area which now goes from the waste water treatment plant to Cutoff Road and which is bounded by Rezanof Drive on the north and Spruce Cape Road on the south. This rezone area makes more sense as R2- Two - family Residential is predominately the same zoning that has been applied eastward beyond the waste water treatment plant to most of those lands outside the City of Kodiak which are served by municipal water and sewer. For reasons of access to roads and utilities, comparable lot sizes and the compact and discrete configuration of this rezone area the application of R2- Two - family Residential zoning would be appropriate. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential and though consistent with the goals and objectives of the comprehensive plan the rezoning of a single lot (10A -2) should be considered in the context of a larger neighborhood rezoning. The consideration of a discrete rezone area as expanded by the Planning & Zoning Commission, supported in writing by a substantial number of affected property owners, is a better indicator of whether the proposed change is appropriate under the applicable plan goals and objectives. This is assumes that the commission has also determined that the rezone area is appropriate for land uses allowed in both R1 or R2 zoning districts by virtue of access to major roads and utilities and the lots are sized appropriately to support permitted and conditional uses in both districts. ROLL CALL VOTE ON MOTION CARRIED 6 -0. (Alan Torres recused) With no objection from the commission, CHAIR TORRES moved agenda item 7 -C, Case 12 -013 before 7 -B, Case 12 -012 to allow a public member time to arrive to testify. CHAIR TORRES returned to the regular meeting. C) Case 12 -013. Request a review of land disposal of a Portion of Tract C, Bk 2, USS 4871 for less than fair market value to the City of Ouzinkie to use for public water storage and communications purposes and other public purposes beneficial to the borough. The applicant is the Kodiak Island Borough. The location is the Ouzinkie School Site and the zoning is PL- Public Use Lands. Dvorak reported the commission has seen this site recently for Variances for communication facilities and in that investigation it was shown that there's an area 20 or so years ago set aside for a water storage tank but the utility easement that was approved for disposal but wasn't recorded. The City of Ouzinkie may be better positioned to manage these utilities in their community to operate and take liability for. Rather than creating an easement it would be better to do a disposal of this portion of land. Forty two public hearing notices were sent out and no responses were received. COMMISSIONER SCHMITT had requested an alternate motion with a condition of approval specifying that the surveying costs would be borne by the City of Ouzinke; staff has provided that. Staff recommends approval. COMMISSIONER JANZ MOVED to adopt Planning & Zoning Commission Resolution No. FY 2012 -02, subject to one (1) condition of approval, and to adopt the findings in that staff report dated September 21, 2011, as "Findings of Fact" for Case 12 - 013. The public hearing was opened & closed: There was no public testimony. Discussion of easements and platting. 9/21/2011 Page 2 of 7 P &"Z Minutes COMMISSIONER SCHMITT MOVED to amend the motion adding Section 3 to the resolution that would read "within 24 months from approval from the Kodiak Island Borough Assembly the City of Ouzinkie shall submit a preliminary plat." CONDITION OF APPROVAL 1. The City of Ouzinkie is responsible for undertaking the survey cost for the requested portion of Tract C, Block 2, USS 4871 approved by this disposal action. FINDINGS OF FACT 1, The Commission has reviewed the subject property's current and proposed uses. 2. The Commission finds that the current and proposed future uses of the subject property comply with the original intent of Kodiak Island Borough Resolution No. 87 -41 -R. 3. The Commission finds that the disposal will allow the use of the land for a public purpose beneficial to the borough. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY B) Case 12 -012. Request a Conditional Use Permit, according to KIBC 17200.050 & 17.90.030(A), to permit an existing church and proposed parsonage in the B- Business Zoning District. The applicant is the Kodiak Christian Fellowship. The location is 2320 Mill Bay Road and the zoning is B- Business. Dvorak reported twenty-five public hearing notices were sent out and one response was received in favor of the request. The request involves an alteration of a long standing church. That church and their school have since moved. Kodiak Christian Fellowship wishes to convert the school inside the church to a parsonage. A zoning compliance permit was issued for them to turn the school space into a community room and making a dwelling unit inside is a change of use. An updated site plan has been provided and staff finds it favorable. Staff recommends approval. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit, according to KIBC 17.200 to permit an existing church and proposed parsonage in the B- Business Zoning District, subject to three Conditions of Approval, and to adopt the findings contained in the staff report dated September 9, 2011, as "Findings of Fact" for case 12 -012. The public hearing was opened & closed. Public testimony was given by: Todd Hiner spoke in support of this request. Lorne White spoke in support of this request. Discussion CONDITIONS OF APPROVAL 1. This Conditional Use Permit shall apply to both Lot 27A and Lot 27B United States Survey 3098. 2. All permits taken out subsequent to this decision shall list both legal descriptions. 3. An updated site plan shall be submitted in a scale appropriate to confirm conforming parking for all uses. FINDINGS OF FACT 17200.050 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The surrounding area is a mixed -use neighborhood. The church use is low impact, and a single - family dwelling occupying the lower level of the building's rear will likewise be low impact. 17.200.050 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. 9/21/2011 Page 3 of 7 P &Z Minutes • The conditional use will fulfill all the requirements of the B - Business Zoning District. An updated site plan detailing facility location, conforming parking, landscaping, and any areas devoted to accessory use, i.e., playgrounds, and updated building plans sufficient in detail to compute occupancy loads will be required as part of the permitting process. 17.200.050 C. That granting the conditional use permit will not be harmful to the public health, safety. convenience and comfort. The original facility was constructed in accordance with all applicable federal, state and local requirements, as was the school occupancy. Re- configured spaces will similarly be required to meet standards of the Uniform Building and Fire Codes, 17.200.050 D. That sufficient setbacks lot area buffers or other safe • uards are bein • I rovided to meet the conditions listed in subsections A through C of this section. The site is composed of two individual parcels with a combined land area of 54,500 square feet. Abutting improvements are located well away from the subject structure, and / or, exhibit dissimilar hours of operations. 17.200.050 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner, which will maximize public benefits. Not applicable. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Case 12 -008. Approval of Findings of Fact supporting the approval of a Variance, according to KIBC 17.195 and 17.80.40.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 foot front yard setback and to allow a 1.5 foot encroachment into the 5 foot side yard setback. The applicant is Brett Randolph and Jeanne Miller. The location is 417 Erskine Avenue, and the zoning is R2- Two - family Residential. Dvorak reported this is Findings of Fact from a case you reviewed at last month's meeting. COMMISSIONER JANZ MOVED to Approve Findings of Fact for Case 12 -008 to grant a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5- foot side yard setback, and to adopt findings contained in the Findings of Fact Memo dated September 6, 2011. 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. This parcel exhibits atypical dimensional characteristics, which do not apply generally to other properties in the same land use district. At less than 5000 square feet, this triangular shaped parcel presents a unique challenge to build a typical house and still meet the setback standards of the district. This use of this lot presents challenges for construction not found on other lots in the same land use district 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 unnecessary hardship. 9/21/2011 Page 4 of 7 P &Z Minutes Strict application of the provision of this title would not allow the home that currently occupies the parcel to be constructed creating an unnecessary hardship. 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 variances will not result in material damages or prejudice to other properties in the vicinity. Any construction undertaken because of the variances granted will be required to conform to the applicable uniform building codes, and will not be detrimental to the public's health, safety or general welfare 17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variances will not increase existing density, and is not contrary to the objectives of the Comprehensive Plan which designates this area as Urban 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. 17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The requested yard setback variances will not permit a prohibited use in the applicable zoning district. ROLL CALL VOTE ON MOTION CARRIED 6 -1. The ayes were COMMISSIONERS WATKINS, JANZ, KERSCH, TORRES, BALDWIN, and VAHL. The no was COMMISSIONER SCHMITT. NEW BUSINESS COMMUNICATIONS A) Letter of Courtesy & Advisory re: Storage of Personal Property on Borough Right -Of -Way dated August 4, 2011 B) Appeal to the Assembly Case S11 -014 Results Letter dated August 5, 2011 C) Letter of Courtesy & Advisory re: a Written Complain of Possible Property Drainage Effects Caused by Fill Activity dated August 15, 2011 D) Letter of Courtesy & Advisory re: a Written Complaint re: Potential Drainage Effects Resulting from Fill Activity dated August 15, 2011 E) Letter of Courtesy & Advisory re: Possible Adjacent Property Drainage Effects Caused by Fill Activity dated August 15, 2011 F) 2011 Annual Statewide Planning Conference - November 6 -8, 2011 - Fairbanks Dvorak gave a brief report on the communications. Brief discussion of the planning conference. COMMISSIONER WATKINS MOVED to accept communications. Dvorak stated we are still trying to find dates to hold more PAC meetings where members, staff, and consultants can attend. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES called a 5 minutes recess. CHAIR TORRES reconvened the meeting at 7:38 p.m. 9/21/2011 Page 5 of 7 P &Z Minutes REPORTS A) Meeting Schedule: • October 12, 2011 work session at 6:30pm in the KIB Conference Room. • October 19, 2011 regular meeting at 6:30pm in the Assembly Chambers. COMMISSIONER BALDWIN requested to be excused at the October regular meeting. Dvorak stated a milestone that the consultants want to reach is a joint P &Z /Assembly meeting the 1st week in November. The consultants want to unveil the draft that comes out of this committee and that will be the kick -off to the public review process, and once that happens they will start scheduling meetings in January to take this through the public review. Dvorak visualizes this would be hosted by the commission with the Assembly members invited to attend because this is more the commission's project. We will bring this forward in a more formal fashion. Maybe we should be looking at the 3rd week in November. COMMISSIONER JANZ said she will be out of town for the October work session and regular meeting. CHAIR TORRES said he will be in Orlando the 1st week of November. COMMISSIONER WATKINS said he will be leaving town on October 28th and returning November 14th. In response to COMMISSIONER WATKINS'S inquiry of is the BLM guy still coming in tomorrow, Dvorak stated Cassidy said he's scheduled to come in Thursday but he's really coming to go out into the field. It's tentatively scheduled for Thursday. In response to COMMISSIONER JANZ' inquiry about scheduling a joint meeting, would the intent of that be so we could put the Code Revision Draft out to the public, Dvorak said we haven't denied anyone that wants to look at it but it's been pretty much PAC members who have been up to their elbows in it. This is going to be like passing it out of the committee to the P &Z Commission and Assembly and as the 1st step publishing it to the borough website. Then people can start reviewing it and then we would start ramping up for a big public meeting in January. COMMISSIONER JANZ expressed concern about putting it out for public comment before the PAC is through with their review. PAC has made some significant changes and is just now getting their elbows into it. She feels that if the committee is going to do its job that it seems clear that the process is going to have to slow down if PAC is going to do it right, and she feels it needs to be done right. She stated we could avoid upsetting the public by allowing the PAC to do it right and not rush it through because it's not right to bring it to the commission before the PAC is finished with it. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Rick Vahl said he received the Draft Trails Plan, and he agrees with the previous comments about not rushing through the Code Revision because there has been so much time and effort put into it up to this point. He's very happy that the Ouzinkie Land Disposal is moving forward to the Assembly. Casey Janz said she's not going to be here next month, and again she feels strongly that we shouldn't move that document on for public comment until it's ready. Jay Baldwin will be gone for the month of October. Alan Schmitt said he will be here for the October 12th work session and will be on that afternoon jet. He attended a PAC meeting and got a copy of the draft. It is extensive and he agrees with Janz and it makes 9/21/2011 Page 6 of 7 P &Z Minutes • sense to allow the PAC to get through it. He's also looking forward for when it comes to the commission. It's a lengthy document that should be done right. Schmitt has already started reviewing the Draft Trails Plan and he's looking forward to the discussion on it as well. Alan Torres said he's real happy with the way PAC is going; it is progressing. It's a diverse group so there are different ways of looking at every issue which they all come up during PAC meetings. It's a healthy communication and PAC does well with the diverse group coming to consensus. Torres also agrees that the PAC needs to go through the whole document before it's released. He will also be gone the 1st week of November. Dvorak said in response to the comments about the Trails Plan, when the Parks & Rec Committee passed this on out of the committee they did so with a number of comments so staff put together an errata sheet that he wants to send it to the commission. When you see it you will know which ones that P &R has made changes to and you may want to do the same thing. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 7:48 pm. KODIAK ISLAND BOROUGH PLANNING & ZON K .COMM1 ION By: Alan Torres, Chair ATTEST By: of —t_L1. L Sheila Smith, Secretary APPROVED: October 19, 2011 9/21/2011 Page 7 of 7 P &Z Minutes