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2012-02-15 Regular Meeting • 1 1 1 L. _ 0 J E a L � LE I i • X11 i ' J I Kodiak lsland Borough I MAR 2 3 2012 - Planning & Zoning Commission Minutes b1:,Ui.:ui -1 CIEt is r it February 15, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the February 15, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Requested to be excused was Casey Janz, Sonny Vinberg, and Rick Vahl. Roll call was taken and commissioners present were Brent Watkins, Bill Kersch, Alan Torres, and Alan Schmitt. Excused members were Casey Janz, Sonny Vinberg, and Rick Vahl. COMMISSIONER WATKINS MOVED to excuse Casey Janz, Sonny Vinberg, and Rick Vahl. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present were Duane Dvorak and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to accept the February 15, 2012 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the January 18, 2012 Planning & Zoning minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -022. Request an investigation, according to KIBC 17.205.030 (B) and (C) to rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi - Family Residential to R2 - Two Family Residential. The applicants are Alan & Rose Wolf. The locations are 531 and 536 Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262 and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. The zoning is R3 - Multi- family Residential. Dvorak reported 92 public hearing notices were sent out with 14 comments returned in favor of the request and 3 comments opposed. Staff has looked at this neighborhood in terms of the existing land use pattern, not just the zoning history but also neighborhood character and safety issues that people have raised as concerns. The Comp Plan identifies all residential areas as residential. Staff recommends R2 and believes the preponderance of information reviewed leans towards preserving the status quo in terms of neighborhood character, traffic safety, and those kinds of things. Staff recommended you forward it to the assembly with a recommendation but the applicant has the option of requesting postponement since there isn't a full commission in attendance. 2/15/2012 P &Z Minutes Page 1 of 5 COMMISSIONER WATKINS MOVED to recommend the rezone of Lots 1 through 21, Block 2, Perez Estates subdivision from R3- Multi- 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. Public testimony was given by: Alan Wolf, applicant, spoke in favor of the request stating we thought a compromise would be to rezone it to R2 but since there isn't a full commission tonight we would like to postpone it until there are more commissioners present. Kevin Arndt spoke against the rezone stating 10 out of the 21 lots proposed for rezone he owns and is opposed to the rezone. He purchased the lots as R3 to be utilized to the full extent if needed. These lots are small enough that trying to do anything more than a 4 -plex would be difficult. We are trying to take the traffic off Wilton White Way and Perez, and he doesn't have any plans other than two 4- plexes. Again, the property was purchased as R3 and if it was R2 he wouldn't have bought it. This is probably the only place where there is R3 in town that's accessible, has water and sewer, and it's basically shovel ready. Pulling 5 of the lots to the upper road takes, if they go with 4- plexes, 20 units off Wilton White -Perez Way. He thought it would be something that they looked forward to; not to have them try to rezone his property to R2 and limit his ability to develop it as he sees fit. He is totally against the rezone, and will fight it if it passes. Debbie Rohrer spoke against the rezone stating she purchased a 4 -plex on 531 Perez Way with the intent of it being an investment property. As a 4 -plex, if there was a fire that burned it to the ground she wouldn't be allowed to rebuild it as a 4 -plex if the rezone goes through. Suzanne Rapoza spoke in favor of the rezone stating she owns property in Katmai Subdivision that is zoned R3 with a restrictive covenant. Eighteen of the homes were built as single family homes and some have mother -in -law apartments. Her home overlooks the subject properties. She would prefer that it be rezoned to R1 because the proposed development is going to change that character substantially. We have a lot of kids in the neighborhoods. There are already a couple of 4- plexes on Perez Way so they would be grandfathered. Rose Wolf, applicant, spoke in favor of the rezone stating she lives in the cul -de -sac and there are a lot of kids in the neighborhood. A lot of the neighbors are in support of the decrease in traffic, safety, topography, and integrity of the neighborhood. It's been developed more as a single family neighborhood and it is even with the 4- plexes. With the topography a heavy structure could cause a lot of flooding or erosion not only on those hills but could cause flooding in the rest of the neighborhood downhill. During discussion there was consensus leaning towards voting against the rezone due to 12 lot owners out of the 21 proposed lots in the rezone being opposed due to their lots being purchased for investment properties, and it would be a substantial change to those 4 -plex owners that would not be able to rebuild should something happen. There was consensus to postpone until next month ensuring a more full commission. COMMISSIONER KERSCH MOVED to postpone this case until the March 21, 2012 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S12 -012. Request Preliminary approval, according to KIBC 16.40, of the replat of Lots 4, 5, and 6, Spruce Haven Subdivision to allow the relocation of a private 30 foot wide Road Right -of -Way and Utility Easement on Lot 5 and portions of Lots 4 and 6. The applicant is Gary Johnson. The location is 2130, 2138, and 2145 Spruce Haven Lane, and the zoning is RR1 -Rural Residential One. Dvorak reported 11 public hearing notices were sent out for this case with 1 comment returned in favor. The Spruce Haven Subdivision has only 1 way in from Mission Road. With the exception of the end lot it is family owned, at least up until now. There were plat notes placed on the original 2/15/2012 P &Z Minutes Page 2 of 5 plat limiting development potential. Lot 5 will be sold and they're looking at building on the channel side. The way the road and utility easement runs it doesn't leave a large area for development when setbacks are calculated. They've requested to relocate the right -of -way involving Lots 4, 5, and 6. At the packet review the commission requested staff to prepare an alternate motion requiring the plat notes from the original plat to be brought forward, staff done a supplemental memo showing the plat and giving you a zoom in of the notes and providing an alternate motion with a condition of approval requiring those notes be brought forward. Staff recommends approval. COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of the replat of Lots 4, 5 and 6, Spruce Haven Subdivision to allow the relocation of a private 30 foot wide Road Right -of -Way and Utility Easement on Lot 5 and portions of Lots 4 and 6, subject to one (1) condition of approval, and subject to the Findings of Fact found in the supplemental staff report dated February 14, 2012. The public hearing was opened & closed. Public testimony was given by: Dr. Bob Johnson spoke in favor stating he urges this be approved. His son has a buyer that will be a sterling character and will be a fine neighbor for the private subdivision. Discussion CONDITION OF APPROVAL 1. For the sake of clarity, all plat notes shown on Plat 2005 -1 shall be transferred to the approved right -of -way easement relocation plat. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTIONCARRIED UNANIMOUSLY C) 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 of RISE Alaska. The location is 612 & 614 Egan Way, and the zoning is PL- Public Use Lands. Dvorak reported this was postponed to allow us to look at it again particularly from the parking issue. No one has been objecting to the site plan layout other than questioning the appropriate number of parking spaces required for parking. Staff done an analysis and the number staff came up with in our final analysis was a minimum of 30 off - street parking spaces but they've proposed 33. When it comes to zoning compliance time staff will look for at least 30 off - street spaces. In addition, you heard from Mr. Sturgulewski that if they were to move the building back to allow for additional drainage and other clearances that would require a redesign of the parking layout they would bring it back for review. You have a motion on the floor and staff recommends you deny that motion and adopt the motion recommended by staff. The motion on the floor made by COMMISSIONER WATKINS at the January 18, 2012 regular meeting is: Move to approve the site plan for the new Kodiak Public Library with 22 parking places as request 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: 2/15/2012 P &Z Minutes Page 3 of 5 Roe Sturgulewski, agent, phoned in to answer any questions. There were no questions. Paul Converse, KPLA board member, stated he's here to answer any questions and thanked everyone for their support. COMMISSIONER SCHMITT MOVED TO AMEND the motion to strike everything after "Kodiak Public Library with" and insert "30 parking places, per KIBC 17.130.020, of the proposed site plan for a new library and improvements to be developed on Lot 6B -1C, U.S. Survey 2538 -A subject to the condition of approval and findings of fact found in the February 2, 2012 staff Postponement Memorandum." Discussion - Amendments may be offered at this time. CONDITIONS OF APPROVAL 1. Turning radius in the parking lot be verified by the Fire Department; 2. The site drainage plan be submitted for approval to the Facilities and Engineering Department; 3. An on -site snow removal /storage plan be shown /described; and 4. A "waste /recycling" plan be shown /described. FINDINGS OF FACT 1. Development of a modern community library at this proposed site especially one adjacent to the high school /auditorium /pool /gymnasiums has tremendous merit and benefit; 2. The site plan provided by the city is significantly detailed enough to provide the commission with the needed information in which a review and decision can be rendered; and 3. The commission rules that the submitted detailed site plan meets the requirements of KIBC 17.130.020. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY OLD BUSINESS There was none. NEW BUSINESS There was none. COMMUNICATIONS A) January Planning & Zoning Case Results Letters B) Notice of Trespass - Illegal Use of KIB Right -Of -Way dated January 4, 2012 Dvorak gave a brief report on the communications items. COMMISSIONER WATKINS MOVED to accept communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • March 14, 2012 work session at 6:30pm in the KIB Conference Room • March 21, 2012 regular meeting at 6:30pm in the Assembly Chambers B) Minutes of Other Meetings • December 12, 2012 Parks & Recreation Committee minutes Dvorak stated the Trails Plan was adopted last month, and the Code Revision process is still in process, we just had a PAC meeting last week and we're getting closer to the public outreach phase 2/15/2012 P &Z Minutes Page 4 of 5 of this project. Well probably need to have 1 more meeting before going to the public outreach. Well be making some maps to accompany it. COMMISSIONER WATKINS MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Alan Schmitt stated he's hoping we can discuss amendments to our bylaws at the next work session. This process of planning is far from perfect and he's just looked at the map again that's with the 1st case tonight and it's kind of a snapshot in time going back to 1968. Bill Kersch apologized for being late to the work session but he had 3 kids that had parent- teacher conferences. Was there any discussion of the bylaws that he missed? Alan Torres said we discussed the bylaws a little and there are a couple of suggested changes. He's emailed a couple small changes to Smith. If they can be drafted into the bylaws and have it on our agenda for the next meeting, which will put pressure on us to get them to Smith by March 7th. Smith stated that will give her enough time to draft them and if there are any changes to the draft it can be decided at the work session. Smith will provide clean copies at the regular meeting. ADJOURNMENT COMMISSIONER KERSCH MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 7:40 p.m. KODIAK ISLAND BOROUGH PLANN NG : ' NING COMMISSION By: G go-- RI I ore Alan Torres, Chair ATTEST By: ';C X1Q1 l CC yn Sheila Smith, Secretary Approved: March 21, 2012 2/15/2012 P &Z Minutes Page 5 of 5