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2012-01-18 Regular Meeting 'Uh1i' [ f ; : n I ( Kodiak Island Borough ` ? } ) Planning & Zoning Commission I_ MAR - 1 2012 1_- Minutes BOROUGH CLERK'S OFFICE January 18, 2012 6:30 p.m. in the Assembly Chambers - - - - -- CALL TO ORDER CHAIR TORRES called to order the January 18, 2012 regular meeting of the Planning and Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Requested to be excused was Casey Janz and Sonny Vinberg. Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Alan Schmitt, and Rick Vahl. Excused were Casey Janz and Sonny Vinberg. Community Development Department staff present was Bud Cassidy and Sheila Smith COMMISSIONER WATKINS MOVED to excuse Casey Janz and Sonny Vinberg. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the January 18, 2012 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES CHAIR TORRES stated the date needs to be changed. in the minutes COMMISSIONER WATKINS MOVED to approve the December 21, 2012 Planning & Zoning Commission minutes as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -024. Request a Variance, according to KIBC 17.70.050, to allow a twelve (12) foot encroachment into the required fifteen (15) foot sideyard setback on Lot 6A -1, Block 1, Miller Point Alaska Subdivision. The applicant is Peter Danelski. The location is 4235 Parkside Drive and the zoning is RR1 -Rural Residential One. Cassidy reported the commission approved a subdivision submitted by Danelski with one of the conditions of approval that needs to be met prior to that plat being filed at the 1/18/2011 P &Z Minutes Page 1 of 6 Recorder's Office. That condition was that the existing barn be removed or relocated to meet the setbacks. To grant a variance the code states that all 6 standards be met. Staff recommends not granting a variance. COMMISSIONER SCHMITT MOVED to grant a variance, according to KIBC 17.70.050, to allow a twelve (12) foot encroachment into the required fifteen (15) foot side yard setback on Lot 6A -1, Block 1, Miller Point Alaska Subdivision. The public hearing was opened & closed: There was no public testimony given. During discussion, COMMISSIONER SCHMITT stated he has a problem with staffs interpretation that this is a sideyard setback for regulatory purposes, stating it doesn't make sense to split it due to a small bend saying half of it is front yard and the other half is side yard. ROLL CALL VOTE ON MOTION FAILED 3 -Z The noes were Alan Torres, Alan Schmitt, and Rick Vahl. The ayes were Brent Watkins and Bill Kersch. COMMISSIONER SCHMITT MOVED to adopt findings found in the staff report dated January 7, 2012 as Findings of Fact in support of the commission denial. 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 survey drawings submitted for the replat of the property disclose topographical conditions which may partially explain the property owner's decision to place the structure in its present location. However, sloping topography is not particularly unique to this land use district, or the immediate neighborhood. 17.66.050 A.2. Strict a I I lication of the zonin • ordinances would result in practical difficulties or unnecessary hardships. Granting the unrestricted variance will deny other property owners equitable treatment under the requirements of the Borough's zoning code to obtain, and adhere to, the terms of zoning compliance permitting. 17.66.050 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. Granting the variance will not result in material damages or prejudice to other properties in the vicinity. Granting the variance may be detrimental to the public's health, safety, and welfare to the extent that the property owner's occupation of a public ROW interferes with the public's right of free passage and use. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The 2008 Comprehensive Plan Update identifies the location as Rural Residential, and the accessory building supporting the care of horses is an allowable use in the designated district. 1/18/2011 P &Z Minutes Page 2 of 6 17.66.050 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 applicant is seeking relief from a self- imposed adverse condition and the financial costs of correcting the condition. 17.66.050 A.6. That the grandly of the variance will not 'ermit a irohibited land use in the district involved. Granting the side yard variance will not permit a prohibited use in the applicable zoning district. ROLL CALL VOTE ON MOTION UNANIMOUSLY B) Case 12 -026. Request a Site Plan Review, according to KIBC 17.130.020, to review the site layout of the proposed City of Kodiak Library and other improvements located on proposed Lot 6B -1C, U.S. Survey 2538 -A. The applicant is the City of Kodiak, and the agent is Roe Sturgulewski, RISE Alaska. The location is 612 & 614 Egan Way and the zoning is PL- Public Use Lands. Cassidy stated because this proposed library is on PL- Public Lands the site plan is required to be reviewed by the commission. There aren't any specific parameters to review so staff created some based on previous site plan reviews done. The site plan is weak on drainage, and there will be thirty -three parking spaces. Because there are things that haven't been addressed the agent is recommending the case be postponed until next month. COMMISSIONER WATKINS MOVED to approve the site plan for the new Kodiak Public Library with 22 parking places as requested by the design team and the public with the following conditions of approval to be met by the time of submission of building permits and the commissioner report be used as findings of fact in this case. The public hearing was opened & closed. Public testimony was given by: Aimee Kniaziowski , City of Kodiak Manager, stated the city is fine with commission approval or postponement. She said they should be able to answer questions in February regarding drainage, parking, snow removal, and pedestrian access. In response to COMMISSIONER KERSCH'S inquiry of how big the current library is and how many parking spaces are there, Kniaziowski stated it has about 9,600 sq. feet with about 10 spaces but there are areas behind the library that people park in. We've observed about 22- 26 cars at any given time. During discussion there was committee consensus to postpone the case to allow for more information to be gathered. COMMISSIONER SCHMITT MOVED to postpone this case until the February regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER WATKINS stated part of the reason for the 22 spaces on site is the several acres of parking adjacent across the street. This is located fairly centrally in a large campus with lots of parking. 1/18/2011 P &Z Minutes Page 3 of 6 C) Case 12 -027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is (- Industrial. Cassidy reported the original application was for a variance but it was withdrawn from December's meeting. The applicant is requesting to rezone to Light Industrial which aids his effort to build these mini warehouses. Staff recommends approval because it meets the objectives of the Womens Bay Comprehensive Plan that talks about phasing out some of the heavy industrial kinds of uses. Staff recommends the commission approve this rezone with a recommendation to the Assembly to rezone. COMMISSIONER SCHMITT MOVED recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205, of Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial, and to adopt the findings contained in the staff report dated December 22, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.72.020 A. Findinus as to the Need and Justification for a Change or Amendment. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findin • s as to the Effect a Chan • e or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. ROLL CALL VOTE CARRIED UNANIMOUSLY OLD BUSINESS There was no new business NEW BUSINESS A) Elections - Chair & Vice Chair Cassidy stated the commissioner holds elections every year for chair and vice chair. CHAIR TORRES opened nominations for chair 1/18/2011 P &Z Minutes Page 4 of 6 COMMISSIONER SCHMITT nominated Alan Torres for chair CHAIR TORRES stated he will do another year if elected. COMMISSIONER SCHMITT MOVED to close nominations VOICE VOTE TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY ROLL CALL VOTE ON ALAN TORRES FOR CHAIR CARRIED 4 -1. The ayes were Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Alan Torres. CHAIR TORRES opened nominations for vice chair COMMISSIONER KERSCH nominated Brent Watkins VICE CHAIR WATKINS stated he'll also do another year COMMISSIONER SCHMITT MOVED to close nominations VOICE VOTE ON MOTION CARRIED UNANIMOUSLY ROLL CALL VOTE ON BRENT WATINS FOR VICE CHAIR CARRIED 4 -1. The ayes were Bill Kersch, Alan Torres, Alan Schmitt, and Rick Vahl. The noe was Brent Watkins. COMMUNICATIONS A) Letter of Courtesy & Advisory re: the Accumulation of Vehicles and Cast -off Personal Items B) Letter of Courtesy & Advisory re: the Accumulation of Household Garbage and Cast -off Personal Items C) Notice of Violation re: Zoning Compliance D) Letter of Courtesy & Advisory re: a Dilapidated Mobile Home E) December 2011 Planning & Zoning Commission Case Results Letters Cassidy gave a brief report. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • February 8, 2012 work session at 6:30pm in the KIB Conference Room. • February 15, 2012 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • August 9, 2011 Parks & Recreation Committee Meeting Minutes • October 11, 2011 Parks & Recreation Committee Meeting Minutes • November 8, 2011 Parks & Recreation Committee Meeting Minutes C) Abbreviated and Final Approval - Subdivisions Cassidy gave a brief report. COMMISSIONER WATKINS MOVED to accept reports as presented. 1/18/2011 P &Z Minutes Page 5 of 6 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS ADJOURNMENT COMMISSIONER VAHL MOVED to adjourn. CHAIR TORRES adjourned the meeting at 7:25 p.m. KODIAK ISLAND BOROUGH PLANNING COMMISSION Alan Torres, Chair ATTEST By: CC'1PLQCA S XT'I f:laD_ Sheila Smith, Secretary APPROVED: February 15, 2012 1/18/2011 P &Z Minutes Page 6 of 6