City and Borough of Sitka Planning and Zoning Commission Minutes of Meeting. November 17, 2009

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1 City and Borough of Sitka Planning and Zoning Commission Minutes of Meeting Present: Don Alexander (Chairman), Richard Parmelee (Member), William Stortz (Member), Karen Dhillon (Member), Wells Williams via telephone (Planning Director), Melissa Henshaw (Planner), and Crystal Duncan (Contract Secretary). Members of the Public: Dan Jones, Ralph LaRose III. The Chair called the meeting to order at 7:00 p.m. Consideration of the Minutes from the November 3, 2009 meeting: MOTION: M/S Stortz/Parmelee moved to approve the minutes from the November 3, 2009 meeting. This evening s business: VARIANCE REQUEST REDUCTION OF THE FRONT SETBACK TO 10 FEET 219 SMITH STREET RALPH LAROSE III Public hearing and consideration of variance requests at 121 Jeff Davis Street for 1) a reduction in the front setback from 20 feet to 7 feet, and, 2) a West side setback from 8 feet to 4 feet for the construction of a workshop/garage. The request is filed by Ralph LaRose III. The property is also known as Lot 13, Block 13, Sitka Townsite, US Survey Ms. Henshaw provided the commission members with the following property details. The property is located on the corner of Jeff Davis Street and Etolin Street. The applicant is requesting a front setback from 20 feet to 7 feet and a west side setback from 8 feet to 4 feet for construction of a workshop/garage with the following dimensions: 22 feet X 28 feet X 16 feet. The workshop would house supplies so that the resident could make repairs to his house. The location was chosen such that the resident can maintain yardage for his children to play. Ms. Henshaw distributed an print out from Eric and Brita Speck voicing concern over the visual impact on the Etolin Street neighborhood. Staff does not have a position on this request, however if the Commission votes in approval, the planning office requests that it be with the condition that there is no parking any time in front of the garage. Chairman Alexander called the applicant, Ralph LaRose III, forward to provide comments and answer questions about the variance request. Mr. LaRose stated that he talked to both of his neighbors and received a verbal okay to build the garage in the proposed location. The commission then asked for clarification on the following: Page 1 of 6 Draft

2 Why does the applicant not move the garage closer to the house, thus farther from the property lines? In reference to vehicle parking, will cars be parked outside of the garage, partially blocking Etolin Street right away. Are the property lines, clearly and accurately marked? Mr. LaRose states that he initially considered attaching the garage closer to the house; however that would decrease the yard footage which he would like to maintain for his children. As far as parking, he currently can fit 4 vehicles between the house and proposed garage. Eventually he will have only 2 vehicles on the property, therefore the space between the street and garage will not be used for parking. In regards to the property lines, his neighbor on Jeff Davis Street had his property line marked. Mr. LaRose used a tape measure to verify the other lot lines. MOTION: M/S Stortz/Parmelee moved to approve variance at 121 Jeff Davis Street for 1) A reduction in the front setback from 20 feet to 7 feet, and, 2) a West side setback from 8 feet to 4 feet for the construction of a workshop/garage. The request is filed by Ralph LaRose III. ACTION: Motion FAILED 1-3 with Stortz, Parmelee and Alexander opposed. MOTION: M/S Stortz/Parmelee moved to deny request based on required findings for variances: 1. Based on the evaluation by the Planning and Zoning Commission that there are not special circumstances to the intended use that do not apply generally to the other properties; specifically the lot has a traditional flat topography and that the orientation or placement of existing structures would allow the structure to be placed elsewhere on the property. 2. The required funding that the variance is necessary for the preservation by other properties but are denied to this parcel cannot be made. Ms. Henshaw notified Mr. LaRose that there is an appeal process; should he choose to appeal he can come see her at the planning office. ZONING MAP AMENDMENT REZONE LOT 10 FROM R-2 TO P 802 SAWMILL CREEK ROAD CITY AND BOROUGH OF SITKA Public hearing and consideration of a zoning map amendment to extend an area of (P) Public zoning, to include Lot 10 of the Sheldon Jackson Campus Subdivision. The physical address is 802 Sawmill Creek Road. This request is filed by the City and Borough of Sitka. Page 2 of 6 Draft

3 The remaining agenda items (B-D) are related to the same property. The City of Sitka recently purchased the property located at 802 Sawmill Creek Road. It was formerly the site of the incinerator; and now it is being used as a recycling facility. Because it is zoned as (R-2) multifamily residential use, it will need to be rezoned to be a part of the (P) public lands district which is directly across Sawmill Creek Road. Approval of a zoning map amendment is the first step in a three part process. The other two items will also be voted on this evening. They include: listing the recycling facility as a conditional use for the property and granting a conditional use permit for the recycling facility to the City of Sitka. Staff recommends approval of the rezoning request. Chairman Alexander called the applicant, Dan Jones, Engineering Manager (Operations) for the City of Sitka, forward to provide comments and answer questions about the rezoning request. Mr. Jones stated that the site is currently operating as a recycling facility. The issue of zoning was brought to his attention when attempts were made to request a building permit for the offices located on site. Tonight he is here to request approval of the three motions as well as the findings for a total of six motions. MOTION: M/S Parmelee/Stortz moved to approve zoning map amendment to extend an area of (P) Public zoning, to include Lot 10 of the Sheldon Jackson Subdivision. The Physical address is 802 Sawmill Creed Road. This request is filed by the City and Borough of Sitka. MOTION: M/S Stortz/Parmelee moved to approve request based on following findings: 1. The site has been historically used in a public capacity. 2. The rezone is considered a logical extension of the public zone across Sawmill Creek Road. 3. The proposed map change is consistent with the goals and objectives of the comprehensive plan for public land use. ZONING TEXT AMENDMENT ADD RECYCLING FACILITY AS A CONDTIONAL USE IN THE (P) PUBLIC LANDS DISTRICT 802 SAWMILL CREEK ROAD CITY AND BOROUGH OF SITKA Public hearing and consideration of a zoning text change filed by the City and Borough of Sitka to add recycling facility as a conditional use in the (P) Public zoning district. Page 3 of 6 Draft

4 Mr. Jones is requesting a zoning text amendment to add recycling facility as a conditional use in the (P) public lands district. If approved, recycling facility would be added to Table that governs public facility uses. Staff recommends approval of the request. MOTION: M/S Parmelee/Dhillon moved to approve a zoning text change filed by the City and Borough of Sitka to add recycling facility as a conditional use in the (P) Public zoning district. MOTION: M/S Stortz/Parmelee moved approve request based on following findings: 1. Recycling facility is currently not listed in the zoning use tables (the closest item listed is a transfer facility designated as conditional use; 2. Adding recycling facility for conditional use allows site by site review thereby minimizing impact on adjacent properties; 3. The addition of recycling facility as a conditional use in the public zone is consistent with the goals and objectives of the comprehensive plan for public land use. It furthers installation in the public municipal infrastructure. CONDITIONAL USE REQUEST FOR RECYCLING FACILITY 802 SAWMILL CREEK ROAD CITY AND BOROUGH OF SITKA Public hearing and consideration of a conditional use permit request for a recycling facility in the (P) public zoning district. The request is filed by the City and Borough of Sitka for 802 Sawmill Creek Road. The property is also known as Lot 10 of the Sheldon Jackson Campus Subdivision. Mr. Jones once again provided an overview to the Commission. The site will be limited to recycling bins which are hauled elsewhere for emptying. The layout is formed around a cul-desac which allows the bins to be taken in and out more easily. The property is large enough to accommodate the operation without disturbing the neighboring properties. Staff recommends approval of the conditional use request. Mr. Jones noted that the City of Sitka is okay if the conditional use permit states that process on site is not permitted. He also stated that if there are major layout changes, he will come before the Planning and Zoning Commission to discuss the amended layout. MOTION: Page 4 of 6 Draft M/S Dhillon/Parmelee moved to approve a conditional use permit request for a recycling facility in the (P) public zoning district. The request is filed by the City and Borough of Sitka for 802 Sawmill Creek Road. The

5 property is also known as Lot 10 of the Sheldon Jackson Campus Subdivision. ACTION: MOTION: Motion PASSED unanimously on a voice vote. M/S Stortz/Parmelee moved to attach the following conditions: 1. The facility will serve as a transfer facility only (no shredding, processing, etc.). In the event that the intent changes, the City of Sitka will provide the Planning Commission the opportunity for comment. ACTION: Motion PASSED unanimously on a voice vote. MOTION: M/S Stortz/Parmelee moved approve request based on following findings: 1. The conditional use permit is not detrimental to the public welfare; Does not adversely affect the character of the surrounding vicinity; Will not be injurious to the uses property, or improvement adjacent to, and in the vicinity of, the site upon which the proposed use is to be located. 2. The granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan and any implementing regulation. 3. All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced. 4. The proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard. 5. The conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services. 6. Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection B of this section. Having received approval from the Planning and Zoning Commission, the next step is to go before the City Assembly for approval. That should happen at the next meeting scheduled for December 8, During that meeting the map amendment and text change will be Page 5 of 6 Draft

6 addressed. At the following meeting scheduled for December 22, 2009, the conditional use permit will be considered. PLANNING DIRECTOR S REPORT: Agenda Item E has been postponed until the next Planning and Zoning meeting (12/1/2009) with a total of four agenda items. Mr. Williams thanked the commission members for being amendable to his travel schedule. He is out of the office due to a family matter. Melissa will be in contact with the commission within the week to provide a more comprehensive update. PUBLIC BUSINESS FROM THE FLOOR None ADJOURNMENT MOTION: M/S Parmelee/Stortz moved to adjourn the meeting at 7:52 p.m. Don Alexander, Chair Crystal Duncan, Secretary Page 6 of 6 Draft