2003-05-28 Regular Meeting m..l. ..
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KODLAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSIO KAY — 6 W04
REGULAR MEETING MAY 285 2003
MINUTES &R0:Ui GV.:1 f::.' ' FF"ICO' .
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p. . by CHAIR WILLIAMS on May 2 , 2003 in the Borough Assembly Chambers.
111. CALL
Commissioners Present Others Present
Barbara Williams -- Chair Duane Dvorak,Director
Cheryl Boehland Community Development Dept.
Jake Ketscher Erin Whipple, Secretary
Dennis McMurry Community Development Dept.
Reed Oswalt
A quorum was established.
Commissioners not present
Gary Carver
7errol Friend
COMMISSIONER L EXCUSE Commissioners Carver and
Friend.
The motion was SECONDED by COMMISSIONER O d CARRIED by
unanimous voice vote.
III. APPROVAL OF AGENDA
CONIMISSIONER KETSCHERF THE DAY
so that Case A will follow Case C. The motion was SECONDED by COMMISSIONER
BOEHLAND, and CARRIED by unanimous voice vote.
V. MINUTES OF PREVIOUSETI
COMMISSIONER ALT MOVED TO APPROVE the minutes of the April 1 ,
2003 Planning Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER TSC d CARRIED by unanimous voice
vote.
Minutes.May 28®2003 Page I of 9
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VH. PUBLIC HEARINGS
B) Case S03-006. Request for a vacation and replat of Tracts C-IA-1, B, E, Unit 5,
Kadiak Alaska Subdivision, creating Tracts B-1 and C-1, Unit 5, Kadiak Alaska
Subdivision and a vacation of the undeveloped Woody Circle right-of-way per
K113C 16.60.
STAFF reported six (6) public hearing notices were distributed for this case with
none being returned prior to the meeting. Staff recommended approval of this
request subject to two conditions of approval.
COMMISSIONER KETSCHER MOVED TO grant preliminary approval of the
vacation and replat of Tracts C-lA-1, B, E, Unit 5, Kadiak Alaska Subdivision,
creating Tracts B-1 and C-1, Unit 5, Kadiak Alaska Subdivision and a vacation of
the undeveloped Woody Circle right-of-way subject to the conditions of approval
contained in the staff report dated and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. The plat must be submitted and approved by the Kodiak City Council which
has 30 days to review the request.
2. The subdivider must provide a utility casement for water and sewer utilities
crossing Tract B-1 and serving Tract C-1.
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.
The motion was SECONDED by COMMISSIONER BOEHLAND.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
P&Z Minutes:May 28,2003 Page 2 of 9
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
C) Case S03-007. Request for a vacation of is 25C (Plat No. 71-3), 26, 27, & 28
United States Survey 3099, and is 1, 2, 3, 4, 5, 6, & 16 United States Survey
3233; Creating Jackson Mobile Home Tract United States Survey 3099 and
United States Survey 3233 within Kodiak Recording District.
STAFF indicated thirty-eight (38) public hearing notices were distributed for this
case with two (2) being returned expressing concerns. Staff recommended
approval of this request
CONMUSSIONER BOEHLAND MOVED TO grant preliminary approval for the
vacation of is 25C (Plat No. 71-3), 26, 27, & 28 United States Survey 3099,
and
is 1, 2, 3, 4, 5, 6, & 16 United States Survey 3233; creating Jackson Mobile
Home Tract United States Survey 3099 and United States Survey 3233 within the
Kodiak Recording District, subject to the conditions of approval contained in the
staff report dated May 14th, 2003, and to adopt the findings in that staff report as
"Findings of Fact" for this case.
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 replat of a tract of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
A 20 minute recess was called so that the Commissioners could review the
documents received that evening for Case S03-003.
P&Z Minutes:May 28,2003 Page 3 of 9
Upon returned from recess, it was reported that there was a failure in the cable
system, and the meeting was not being broadcast on radio or television.
A) Case S03-003. Request for the vacation and replat of Woodland Acres, Lots
AIA, AlB, AIC and Erwin Estates, Lot 1, creating Erwin Estates, USS 1682,
is IA, 4, 5, 6, 7 including the vacation of a five (5) foot portion of a fifteen(15)
foot pedestrian access easement over a portion of Lot 1, Erwin Estates and the
amendment of a plat note, per plats 99-23, 98-21 and 95-23 to eliminate a
prohibition onstructural development, and creating a forty (40) foot private drive
access road.
STAFF indicated two hundred and nine (209) public hearing notices were
distributed for this case with a total of thirty-six (36) being returned: one (1) from
the previous month stating no objection, one (1) from the previous month
supporting the request, three (3) from this month objecting to the request and
thirty-one (31) from the previous month objecting to the request. Staff
recommended approval of this request subject to nine(9) conditions of approval.
COMNESSIONER BOEHLAND MOVED TO grant preliminary approval of a
request for the vacation and replat of Woodland Acres, is AIA, AlB, AIC and
Erwin Estates, Lot 1, creating Erwin Estates, USS 1682, Lots 1A, 4, 5, 6, 7
including the vacation of a five (5) foot portion of a fifteen (15) foot pedestrian
access easement over a portion of Lot 1, Erwin Estates and the amendment of a
plat note, per plats 99-23, 98-21 and 95-23 to eliminate a prohibition onstructural
development, and creating a forty (40) foot private drive access road, subject to
the conditions of approval contained in the staff report dated April 9, 2003 and to
adopt the findings contained in that report as findings-of-fact for this case.
CONDITIONS OF APPROVAL
1. Place a note on the final plat, in lieu of the existing plat note language
prohibiting structural development, as follows:
a. Proposed development on is 4 and 5, Erwin Estates, shall be
reviewed by an engineer, registered in the State of Alaska, who will
certify by a stamped written determination that the development will
not be located in an area that is vulnerable to geophysical hazards as
described in the Kl1B Coastal Management Program. In the alternative,
if the proposed development is located in an area determined to be
subject to geophysical hazard, the engineer will certify that the
development has been designed to withstand a typical geophysical
hazard event without substantial risk to life or property.
2. The existing plat note on plats 95-23, 98-21 and 99-23, referencing the use of
former Tract A-2 for recreational purposes by the residents of U.S. Survey
1682 shall be carried over onto the final plat for this case.
P&Z Minutes:May 28,2003 Page 4 of 9
3. Redesign the layout of Lots 4, 5, 6, 7 and 8 to provide a net lot area of 40,000
square feet per lot after the area devoted to private road easements is deducted.
4. Obtain a subdivision waiver from the KM Engineering and Facilities Director
to allow the reduction of a private road easement width from 50 feet to 40 feet.
5. Obtain written approval of the private road design and construction from the
State Fire Marshal.
6. Approval of the Private Drive Easement "Written Agreement and Covenant",
as required by KIBC 16.40.080, does not constitute agreement, or a statement
of opinion by the Planning and Zoning Commission, on the validity of the
language referencing the recreational access by the residents of U.S. Survey
1682 to former Tract A-2, U.S. Survey 1682. If portions of the covenant are
later found to be invalid by a court of competent jurisdiction, the affected
property owners shall petition to formally amend the covenants through a plat
amendment process in the manner used to create the private road agreements
at the time such request may be necessary.
7. Amend or delete language on page 6 of 6 of the Private Drive Easement
"Written Agreement and Covenant" in order to eliminate an implied
responsibility of the Borough to perform appraisal services to the subdivision
that are not required by Borough ordinance or state statute.
8. Definitions and references to private drive, private road, right-of-way
easement, and other similar references throughout the Private Drive Easement
"Written Agreement and Coven t" shall be considered to be consistent with
the relevant portions of K103C Title 16,which shall govern.
9. Prior to final plat approval, obtain written approval of engineered plans for the
design, routing and installation of water and sewer utilities to serve proposed
is 4 and 5 of Erwin Estates subdivision. Said plans must meet the criteria
contained in City Code, Chapter 13.18, as referenced in the letter from City
Public Works dated May 9, 2003.
FINDINGS OF FACT
1. Subject to conditions of approval, this plat can meet the minimum standards
of survey accuracy and proper preparation of plats required in Title 16 of the
Borough Code.
2. It is not the intent of the KIB Planning and Zoning Commission to express an
opinion, ortake any position on the merits of the plat note contained in prior
Plats 95-23, 98-21, and 99-23 or any other related documents relating to the
recreational use of former Tract A-2 by the residents of U.S. Survey 1682.
Because this issue is not requested to be addressed in the subdivision request,
P&Z M inutes:May 23®2003 Page 5 of 9
the existing plat note will be carried. over to the final plat for this case. Only
the portion of the plat note relating to the prohibition on structural
development is being reviewed and/or amended by this platting process.
3. The Kodiak Island Borough considers the plat note referencing the
recreational use of former Tract A-2 to be a matter unique to this area which
must be determined between the owners of land within U.S. Survey 1682.
The inclusion of this note on the plat of record does not make the Kodiak
Island Borough a party to this matter, which has its origins outside the
Borough platting process, which first reflected the note on Plat 95-23 when
former Tract A-2 was subdivided and incorporated as a portion of Lot I-A,
Erwin Estates.
4. Subject to conditions of approval, this plat can meet all the requirements of
Title 17 of the Borough Code.
5. This plat provides a subdivision of land that is consistent with 1968 Kodiak
Island Borough Comprehensive Plan.
The motion was SECONDED by CMMSSIONER OSWALT.
Regular session closed.
Public hearing opened:
Me] Stevens, Applicant's Attorney: Spoke in support of this request. Addressed
the conditions of approval.
Ken Hansen,USS 1682 resident: Spoke against this request.
Deb Hansen,USS 1682 resident: Spoke against this request.
Jim Crane,USS 1682 resident: Spoke against this request.
Ron Painter Uptic ant: Spoke in favor of this request.
Maria Painter, applicant: Spoke in favor of this request.
Mari1y!2 Kreta,USS 1682 resident: Spoke against this request.
Cga Bradbu[y,USS 1682 resident: Spoke against this request.
Chrisly Kinter,USS 1682 resident: Spoke against this request.
BM Still, USS 1682 resident: Had questions for the Commission regarding this
request. Had concerns over this request.
P&Z Minutes: May 28,2003 Page 6 of 9
Michael Horton, USS 1682 resident: Spoke against this request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER KETSCHER MOVED TO AMEND the main motion to
remove condition of approval number three (3).
COMMISSIONER MCMURRY SECONDED the amendment.
The question was called, and the amendment FAILED, three yeas to two nays by
roll call vote. Commissioners Williams and Boehland were the nays
COMMISSIONER WILLIAMS MOVED TO AMEND the main motion to
insert, in condition of approval one (1), the word "geotechnical" in front of the
word engineer.
COMMISSIONER BOEHLAND SECONDED the amendment.
The question was called, and the amendment FAILED, three nays to two yeas by
roll call vote. Commissioners Williams and Boehland were the yeas.
10 minute recess
COMMISSIONER WILLIAMS MOVED TO AMEND the main motion to add a
condition of approval, numbered ten (10), to read, 'Ter KD3C 16.40.0601 the
Planning and Zoning Commission to review the final plat prior to approval as an
old business item."
COMMISSIONER KETSCHER SECONDED the amendment.
The question was called, and the amendment CARRIED, four yeas to one nay by
roll call vote. Commissioner Ketscher was the nay.
The question was called on the amended main motion and CARRIED, four yeas
to one nay by roll call vote. COMMISSIONER MCMURRY was the nay.
VIII. OLD BUSINESS
A) Planning & Zoning Commission Bylaws.
P&Z Minutes.May 8,2003 Page 7 of 9
Staff recommended that the Commission review and revise the by-laws as
necessary and forward them to the Assembly with a recommendation for approval.
COMMISSIONER BOEHLAND MOVED TO approve the revised by-laws dated
May 21, 2003, and forward them to the Borough Assembly with a
recommendation for approval.
COMMISSIONER KETSCHER SECONDED the motion.
The question was called and motion CARRIED by unanimous roll call vote.
IX NEW BUSINESS
There was no new business.
X. COMMUNICATIONS
A) Letter dated April 14, 2003 to Randall O. Erickson from Martin Lydick regarding
letter of courtesy and advisory.
B) Letter dated April 18, 2003 to John &Judith Lucas from Martin Lydick regarding
notice of violation.
C) Letter dated April 21, 2003 to Black Point Corporation from Martin Lydick
regarding letter of courtesy and advisory.
D) Memo dated April 21, 2003 to Tess Dietrich from Erin Whipple regarding April
16, 2003 Planning&Zoning Meeting, Old Business A—Appeals Code.
E) Planning Commissioner Training Resource Center Advertisement.
There were no ftu-ther communications.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item
A through item E of Communications. The motion was SECONDED by
COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote.
XI. REPORTS
STAFF reported the following meeting schedule:
ff June 11, 2003 work session at 7:30 p.m. in the KIB Conference room.
■ June 18, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers.
P&Z Minutes:May 28,2003 Page 8 of 9
There were no further reports.
XII. AUDIENCE COMMENTS
There were no audience comments.
XIH. COMMISSIONERS' COMMENTS
COMMISSIONER OSWALT: Spoke regarding case S03-003. Thanked staff and others
for the time spent on that case.
COMMISSIONER MCMURRY: Explained his decision regarding case S03-003.
COMMISSIONER KETSCHER: Spoke regarding case S03-003. Stated that he and
Commissioner Williams had switched places for attendance at the June Assembly
meetings.
COMMISSIONER WILLLkMS: Thanked everyone for their hard work. Spoke
regarding case S03-003.
IX. ADJOURNMENT
CHAIR WILLIAMS ADJOURNED the regular meeting at 9:50 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZO<NING �rWIISS, ION
$y.
7 s, Chair
V-P
ATTEST
By:
Erin Whipple, Secretary
Community Development Department
DATE APPROVED: June 11, 2003.
P&Z Minutes:May 28,2003 Page 9 of 9
