2014-04-16 Regular Meeting KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
MINUTES
April 16, 2014 Regular Meeting 6:30 p.m. in the Assembly Chambers
CALL TO ORDER
CHAIR TORRES called to order the April 16, 2014 regular meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES lead the pledge of allegiance
ROLL CALL
Requested excusals were Jennifer Richcreek, Kathy Drabek, and Maria Painter.
Commissioners present Alan Torres, Alan Schmitt, Scott Arndt, and Pat Olsen.
A quorum was established.
Community Development Department staff present was Director Pederson, Martin
Lydick, and Sheila Smith.
COMMISSIONER SCHMITT MOVED to excuse Jennifer Richcreek, Kathy Drabek, and
Maria Painter.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER ARNDT MOVED to approve the April 16, 2014 Planning & Zoning
Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER ARNDT MOVED to approve the March 19, 2014 Planning & Zoning
Commission minutes.
VOICE VOTE ON MOTION
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
None
PUBLIC HEARINGS
A) Case S14-008. Request a vacation of access and utility easements identified
on Plat 88-20 for Tracts D-1 and D-2 of Tract A, Bells Flats Subdivision (KIBC
16.60).
Martin Lydick stated this request is to vacate existing easements on Industrial property
to allow for a more intensive development, and it was postponed from the March 2014
meeting due to confusion regarding existing utilities in the Right-Of-Way. The utility
company that has utilities in that Right-Of-Way indicated willingness to vacate the
majority of the easement as long as 5' along either side of the existing utility cables are
retained. The property owner indicated willingness also. Staff recommended approval.
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Lydick stated there's confusion on the 2008 land use designations for these parcels and
staff believes these designations are a mapping error. This will be brought back to the
commission with a recommendation to address the mapping
COMMISSIONER ARNDT MOVED to approve the vacation of the access and utility
easement identified on Plat 88-20 for Tracts D-1 and D-2 of Tract A, Bells Flats
Subdivision (KIBC 16.60), subject to three (3) conditions of approval and to adopt the
findings of fact listed in the staff report dated April 2, 2014 as "Findings of Fact" for Case
No. S14-008.
Close regular meeting & open public hearing:
Ken Knowles, agent, spoke in support of this request.
Close public hearing & open regular meeting:
Brief discussion
CONDITIONS OF APPROVAL
1. The property owner shall perfect the vacation by filing a plat depicting such vacation,
The vacation and replatting of the area shall conform with the abbreviated plat
procedures of Chapter 16.30 of the Borough Code.
2. The property owner shall establish a new utility easement covering an area at least
five (5) feet to each side of any ACS cable found to be buried within the vacated
easement. The new easement shall be depicted on the plat and a letter of non-
objection must be provided by ACS prior to preliminary approval of the plat.
3. The vacation must receive Borough Assembly approval prior to becoming effective
(KIBC 16.60.060).
FINDINGS OF FACT
1. The vacation will increase the development area on the parcels.
2. The Sargent Creek Road frontage of Tract D-2 is sufficient for driveway access from
that road.
3. Access to adjacent public lands is now available via abutting public road rights-of-
way.
4. ACS is the only review agency that has identified a need to retain a utility easement
and the current easement exceeds the area required to accommodate their needs.
5. The conditions of approval will ensure the establishment of a less obtrusive utility
easement that will accommodate the requirements of ACS.
6. With the adoption of the (3) specified conditions of approval, the vacation meets the
requirements of approval under Chapter 16.60 of the Borough Code.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A. March Planning and Zoning Commission Results Letters
B. 814-007 Draft Final Plat Review Letter dated March 17, 2014
C. Community Development Projects and Work Items Update
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Director Pederson reported on Item C and gave an update on the assembly discussion.
Pederson will be out of the office from April 18 through May 5th.
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
The P&Z will be reviewing the draft revisions to Title 16 (Subdivisions), Title 17
(Zoning), and Title 18 (Borough Real Property in a series of special meeting and regular
meetings on the following dates.
• April 16, 2014 Special Work Session in the KIB Conference Room immediately
following the Regular Meeting
• May 7, 2014 Special Work Session at 6:30 p.m. in the KIB Conference Room
• May 12, 2014 Special Work Session at 6:30 p.m. in the KIB Conference Room
• May 14, 2014 Special Work Session at 6:30 p.m. Packet Review Work Session
in the KIB Conference Room immediately followed by the Special Work Session
• May 19, 2014 Special Work Session at 6:30 p.m. in the KIB Conference Room
• May 21, 2014 Regular Meeting at 6:30 p.m. in the Assembly Chambers
• May 28, 2014 Special Work Session at 6:30 p.m. in the KIB Conference Room
This schedule may be adjusted as necessary to make efficient use of the Commission's
time. Accordingly, any Title may be discussed at any given meeting. Please check our
website for updates.
C) Minutes of Other Meetings
• December 10, 2013 Parks & Recreation Committee
• January 28, 2014 Parks and Recreation Committee
• February 28, 2014 Parks and Recreation Committee
STAFF REPORT
COMMISSIONER ARNDT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
None
COMMISSIONER'S COMMENTS
Alan Schmitt stated he was looking at the March 27th assembly work session and seen
there was a presentation and presumed discussion on the code enforcement policy.
Director Pederson stated basically there is a consensus to operate under the existing
adopted policy that has drifted in, around, and about over the years. We will operate
under that policy, report back periodically, and keep good records to see how it works.
Alan Torres asked if we are stepping away from the signed complaint only based
enforcement.
Director Pederson stated the adopted policy says we will accept complaints
anonymously but they don't take precedence over written complaints.
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Alan Torres said he went to White Sands recently and was disappointed about what
people have done to the restroom. When it was put in it was a big deal and it was
maintained for a few years. It's a shame that we've gotten to the point of tearing it down.
He also inquired about their APA memberships.
Sheila Smith said they may get publications and she can't remember what email
addresses she used to create accounts off hand but will resend the information out to
them,
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR TORRES adjourned the meeting at 6:54 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Alan Torres, Chair
ATTEST {
By: y o9Ctx /} /
Sheila Smith
Community Development Department
APPROVED: May 21, 2014
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