2002-11-20 Regular Meeting KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING NOVEMBER 20, 2002
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by VICE-CHAIR WILLIAMS on November 20, 2002 in the Borough Assembly
Chambers.
II. ROLL CALL
Commissioners Present Others Present
Barbara Williams--Vice Chair Duane Dvorak,Director
Cff
Robert Lindsey Community Development-Dept r v..
Cheryl Boehland Erin Whipple, Secretary
Reed Oswalt Community Development Dept.
Jake Ketscher
A quorum was established.
Commissioners not present
Clarence Selig
Dennis McMurry
COMMISSIONER OSWALT MOVED TO EXCUSE Commissioner Selig from the
meeting. The motion was SECONDED by COMMISSIONER LINDSEY and
CARRIED by unanimous voice vote.
COMMISSIONER LINDSEY MOVED TO EXCUSE Commissioner McMurry from
the meeting. The motion was SECONDED by COMMISSIONER KETSCHER and
CARRIED by unanimous voice vote.
III. APPROVAL OF AGENDA
COMMISSIONER LINDSEY MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by
unanimous voice vote.
P&Z Minutes:November 20,2002 Page I of 17
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER OSWALT MOVED TO APPROVE the minutes of October 16,
2002 PIanning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case S02-018. Request for preliminary approval, in accordance with KIBC
16.40, of the vacation of portions of US Survey 1822 creating Lots 1 — 7,
Sprucehaven Subdivision and the dedication of a thirty(30) foot wide private road
easement.
STAFF indicated twenty-seven (27) public hearing notices were distributed for
this case with one (1) being returned expressing concern over water and sewer
issues. Staff recommended approval subject to four(4) conditions of approval.
COMMISSIONER BOEHALAND MOVED TO grant preliminary approval of
the subdivision of portions of U.S. Survey 1822, creating Lots 1 through 7,
Sprucehaven Subdivision, subject to the conditions of approval contained in the
supplemental staff report dated November 20, 2002, and to adopt the findings in
that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Amend plat note #1 as follows: "Lot 1 is a common element of the
Sprucehaven Property Owners Association and will not be developed for
commercial or residential purposes."
2. Include a new plat note #3 as follows: "This plat is perpetual and no
further subdivision is permitted."
3. Amend Article IX, Sections la and lb to eliminate reference to mother-in-
law apartments as follows:
a. One detached single-family dwelling which may include an internal or
ancillary two(2) car garage;
b. One (1) ancillary structure, the exterior of which must be finished in
harmony with the dwelling and approved by the Association as
provided herein. This structure may be utilized as a garage, shop,
storage structure, or a combination of these
4. Prior to final plat approval, provide an engineered water and sewer plan
for a private water and sewer system to the City of Kodiak Public Works
P&Z Minutes.November 20,2002 Page 2 of 17
department for review by both Public Works and the Alaska Department
of Environmental Conservation. Obtain Public Works approval for the
plan and any improvements that are minimally necessary to be made to
satisfy Public Works and ADEC. If the approval of the plan requires
minor changes to the maintenance agreements or articles of incorporations
presented by the petitioner, such changes shall be pennitted, subject to
administrative review as long they do not substantively change the
documents from the form approved by the Commission. Substantive
changes to the Articles of Incorporation, Bylaws or Maintenance
Agreement shall require review and approval by the Commission prior to
final plat approval.
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. The plat
will improve the situation by providing a platted lot for each family member
and will address a number of zoning anomalies presently developed on the
site.
3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
4. The creation of a private road and utility easement in this case provides a
flexible solution for a peculiar site that has no formal access dedication or
easement to a dedicated road right-of-way. In addition, the fact that the lots
are located between Mission Lake and Woody Island Channel makes it a
challenging site to subdivide. The creation of the property owners association
and the fact that the subdivision will be held in a family trust style property
owner association ensures that the road and utility installation and
maintenance issues will be adequately addressed in the long term
The motion was SECONDED by COMIVIISSIONER 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.
P&Z Minutes:November 20,2002 Page 3 of 17
B) Case 02-020 Case withdrawn prior to the meeting.
C) Case S02-017. Request for preliminary approval, in accordance with KIB Code
Section 16.40, of the subdivision of Lot 7A, Block 4, Monashka Bay Subdivision,
creating Lots 1 and 2 and Tract A, Raven Hills Subdivision and preliminary
approval, in accordance with KIB Code Section 16.60, of the vacation of a fifty
(50) foot wide road and utility easement bisecting Lot 7A.
STAFF indicated thirty (30) public hearing notices were distributed for this case
with none being returned. Staff recommended approval of this request subject to
three (3) conditions of approval. A second motion was suggested for the
Commission to recommend to the Assembly to formally confirm the vacation of
the fifty (50) foot road and utility easement identified on original Plat 67-22 of
Monashka Bay Subdivision as part of this public hearing action.
COMMISSIONER BOEHLAND MOVED TO grant preliminary approval to the
subdivision of Lot 7A, Block 4, Monashka Bay Subdivision, creating Lots 1 and
2, and Tract A, of Raven Hills Subdivision, subject to the conditions of approval
contained in the staff report dated November 12, 2002, and to adopt the findings
in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1) A drainage plan will be submitted to the Engineering/Facilities Department for
approval prior to final plat approval.
2) Place notes on the final plat stating:
A. "Lots 1 and 2 shall not be further subdivided, unless public sewer
and water become available and the Monashka Bay
Comprehensive Plan is revised accordingly."
B. "Tract A can be subdivided into no more than three (3) lots, unless
public water and sewer become available and the Monashka Bay
Comprehensive Plan is revised accordingly."
C. "Driveway access to Tract A, and any lots created by future
subdivision of Tract A, is restricted to the sixty (60) foot frontage
on Monashka Bay Road centered on the existing forty (40) foot
long culvert generally opposite Monashka Circle, as indicated on
the plat."
Minutes:November 20,2002 Page 4 of 17
3) Prior to final plat approval, documentation must be provided by a registered
engineer attesting to the adequacy of the property for septic installation to
satisfy ADEC requirements in support of the proposed density.
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 LINDSEY.
COMMISSIONER KETSCHER asked a question of Assembly member
Heinrichs. COMMISSIONER KETSCHER wanted to know if when the Borough
is the subdivider on a piece of property should the Commission decide whether
the proposed subdivision is for the good of the public or just determine if it meets
title 16 requirements. ASSEMBLY MEMBER HEINRICHS responded that the
determination of whether this land is surplus to the borough's need was made by
the Planning and Zoning Commission in the separate action of approving this
property for disposal. All the Commission has before them at this time is a
subdivision request, which requires a technical review to see if it meets title 16
subdivision requirements. The policy decision of whether or not to subdivide the
property and make it available for purchase was made by the Assembly.
Regular session closed.
Public hearing opened:
JuIie Kavanaugh, resident: Expressed gratitude to the Commission for their
careful consideration while working on this case. Was glad the proposed drive off
Sawmill Circle was removed from the plat and was happy that the comer lot
(proposed Lot 2) was increased in size. Expressed concern that there was not a
plat in the new packet. Also expressed concern in the proposed easement
vacation. Feels this existing easement would be the best location for access to all
lots. Feels that all the property owners in the area would like to see this piece of
property developed. Also stated that she has not received the latest public hearing
notices regarding this property.
James (All Spalin_ea r. resident: Opposed to vacating the road easement that
bisects the property. Feels it's the most accessible way to get into the property
and adjoining lots. Thinks Planning & Zoning needs to look at the issue and find
the best access for the property that would impact the least amount of people.
P&Z Minutes:November 20,2002 Page 5 of 17
Referring to the easement along the back of proposed Lot 2, he feels that
developing a road there would be unsafe. Thinks that easement should be
vacated.
Christine Bushell, resident: Agrees with all the previous speakers. Thinks the
easement bisecting Lot 7A should be moved over toward Sawmill Circle to
provide access to all three lots. Thinks the easement at the rear of proposed Lot 2
is a poor place to put an access point and should be vacated.
Rob Baer, resident: Supports motion #1 and thinks this property should be
subdivided. Thinks motion#2 vacating the easement bisecting Lot 7A is absurd.
Believes using the rear access was only developed to reach his Lot 19B (since
vacated and combined with Lot 19A). He does not want that easement developed
to a road.
Bob Scholze, Borough Appraiser: Represents the Borough as a member of the
Assessing Department, but was involved with the early planning stages of this
subdivision. Emphasized that the Borough intent is to maintain the large lot
character of this neighborhood. Explained that there was never an intent to
propose a road along the back of this property (as is referred to in several of the
above statements) between the Spalinger's and Bushell's properties, and that
easement had originally been proposed to be vacated. However, only the portion
of that easement located on Lot 7A (approximately half) could be vacated by this
action. What had been considered was putting a driveway for proposed Lots 1
and 2 in at the cut, further down Sawmill Circle toward Monashka Bay Rd. The
easement proposal for those driveways was removed from the most recent plat to
allow the Department of Transportation to decide where the best access would be.
Mr. Scholze also mentioned that earlier designs did consider a road being
dedicated and developed off Monashka Bay Road but the trade-off to that idea
would be that more lots would have to be developed and sold to cover the cost of
constructing a road. This might compromise the two acre average lot size
characteristic of the neighborhood. Mr. Scholze expressed that the Borough is
interested in listening to what the neighbors felt was appropriate and suitable for
the area. Stated that if there was still the desire for a road off Monashka Bay Rd.
accessing all properties, that it could be done and would not have to follow the
existing easement that bisects Lot 7A. The existing easement could be vacated in
favor of road dedication in a better location off Monashka Bay Road serving as
the only access to a six or seven lot subdivision.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
P&Z Minutes.November 20,2002 Page 6 of 17
COMMISSIONER BOEHLAND expressed that she felt fine with the subdivision
as presented.
COMMISSIONER KETSCHER stated that a developer at the worksession had
said that this proposed design was not one he would have presented.
Commissioner Ketscher feels that since this subdivision is being proposed by the
Borough then the Commission should review this in more depth than if it were a
private subdivider. He stated that he thought the property should go to a private
developer for subdivision. He did not like the way the subdivision looked.
COMMISSIONER LINDSEY expressed concern over the access issues to this
property. He felt that without access easements it leaves the issue of access very
open-ended and a purchaser of this property could end up with a piece of property
that does not have any legal access available. Stated that he could not see passing
this on the way it was.
COMMISSIONER OSWALT stated that he had no problem with the primary
subdivision. Thinks the land does need to be sold to the public and put on the tax
roll. He stated that he was concerned about the proposal if sewer and water were
to be put through to that area in the future.
COMMISSIONER WILLIAMS expressed her desire to have this case postponed.
COMMISSIONER BOEHLAND questioned Staff as to who okays proposed
access?
STAFF Duane Dvorak responded that any access to these lots will have to be
allowed by the State of Alaska Department of Transportation, since they hold the
right-of-ways on Monashka Bay Road and Sawmill Circle. He stated that Staff
had requested DOT to revisit this proposal based on the public comments at the
previous meetings, but that the comments provided by Rex Young, regional
planner, were basically a restatement of previous comments and not very
definitive. DOT did state that they would require driveway permits to be issued
for access to any of these properties and approval would depend on the design of
the driveway. He stated that they did feel the right-of-way and sight distance
meets their standards for approval of driveway permits. He stated that DOT is
okay with access from Sawmill Circle. Previously they had asked the Borough to
minimize access on Monashka Bay, but now they could see access to proposed
Lot I being provided off either Sawmill Circle or Monashka Bay.
COMMISSIONER BOEHLAND asked if Lot 7A was a difficult piece of property
to develop?
STAFF Dvorak responded that he would not characterize it as a difficult piece of
property to develop. It is a large tract and the intent was to preserve the large lot
P&Z Minutes.November 20,2002 Page 7 of 17
characteristic of the neighborhood and to minimize disturbance of the
environment but that it still meets the minimum standards for subdivision
approval.
COMMISSIONER LINDSEY asked that, lacking an easement for access to
proposed Lots I and 2,what would be the purchaser's options?
STAFF Dvorak stated that if the Commission wanted assurance that reasonable
access could be obtained to those lots, they could suggest, through condition of
approval, that driveway permits must be obtained by the Borough from DOT prior
to final approval of the subdivision. The driveway permits could be transferred to
the purchasers of the property.
COMMISSIONER OSWALT asked if all these problems could be overcome by
having a road put in on the property?
STAFF Dvorak explained that the code requires every property to have legal and
physical access to a right of way. Normally that is done through the frontage of
the property or through a flagstem access drive. If the principal access was off a
road within the property, it would be pretty clear that the lots probably would not
meet lot design standards. As well as those concerns, there could possibly be
problems working with the topography.
COMMISSIONER OSWALT stated that he was concerned with the ability of
water and sewer to be installed on these properties at some point in the future, and
wouldn't putting a road along the existing easement provide access as well as ease
the potential transition to sewer and water systems?
STAFF Dvorak stated that the easement issue was a separate issue and that what
was being addressed at this time is simply the subdivision design. He also
explained that the development being proposed here, by Borough Administration,
does not include the kind of development Commissioner Oswalt is referring to.
To do so the Borough would have to hire the work done and that goes beyond the
requirements of Title 16 for subdivision approval.
Mr. Scholze addressed the previous discussion by stating that constructing a road
to Borough standards would require that six or seven lots be developed to cover
the cost of such improvements. If the Commission wished to see this, a new plat
could be developed and brought back before the Commission.
(10-Minute Recess)
COMMISSIONER LINDSEY MOVED TO AMEND the motion to include a
condition of approval number four (4) that states "prior to final approval
subdivider shall provide valid driveway permits from DOT to all proposed lots".
Minutes.November 20,2002 Page 8 of 17
COMMISSIONER KETSCHER SECONDED the amendment.
COMMISSIONER OSWALT MOVED TO AMEND THE AMENDMENT to
state "if driveway permits cannot be obtained, the fifty (50) foot easement
bisecting Lot 7A, Block 4, Monashka Bay Subdivision will be vacated and
replatted to provide access to proposed Lots 1, 2 and Tract A, Raven Hills
Subdivision".
COMMISSIONER LINDSEY SECONDED the amendment
The question was called on the amendment to the amendment, and CARRIED by
unanimous roll call vote.
The question was called on the amended amendment, and CARRIED by
unanimous roll call vote.
The question was called on the amended main motion, and CARRIED four yays
to one nay. Commissioner Ketscher was the one nay.
COMMISSIONER LINDSEY MOVED TO recommend that the Assembly
approve the request to confirm the vacation of the 50 foot wide road and utility
easement bisecting Lot 7A, Block 4, Monashka Bay Subdivision, and to adopt the
finding in the staff report dated August 13, 2002 as "Finding of Fact" for this case.
COMMISSIONER BOEHLAND SECONDED the motion.
Regular session closed.
Public hearing opened:
Christine Bushell, resident: Testified that she would like to see the easement
remain, until it is determined that driveway access can be obtained. Thanked the
Commission for their work, and stated that she would prefer only three or four
lots on this property,not six or seven.
Julie Kavanaugh, resident: Stated that she would really like to see the easement
remain. She feels that if it is vacated, it may be harder to create a new easement
onto Monashka Bay Road. Also wondered about driveway access to proposed
Lots 1 and 2. Didn't know why the lot line couldn't be moved for these lots so
that access could be provided to all the proposed parcels by the existing easement.
James Spallinger, resident: Opposed vacating the easement for the same reasons
mentioned above.
Public hearing closed.
Minutes:November 20,2002 Page 9 of 17
Regular session opened:
COMMISSIONER LINDSEY MOVED TO AMEND the main motion to read:
"Moved to recommend that the Assembly approve the request to vacate the fifty
(50) foot wide and road and utility easement bisecting Lot 7A, Block 4,Monashka
Bay Subdivision, and to adopt the findings of fact in the staff report dated
November 13, 2002 as"Findings of Fact"for this case."
COMMISSIONER BOEHLAND SECONDED the amendment.
The question was called on the amendment, and carried by unanimous voice vote.
The question was called on the amended main motion, and failed by unanimous
voice vote.
D) Case 02-026. Request for review of Planning and Zoning Commission
Resolution 2000-01 recommending disposal of Tract A-1, Kadiak Alaska
Subdivision, 0 Addition and consideration of a resolution to amend the
Commission's recommendation in Resolution 2000-01.
Staff recommended that no amendment be made to P&Z Resolution No. 2000-01
R or recommended to Assembly Resolution No. 2001-01 at this time.
COMMISSIONER OSWALT MOVED TO postpone action on Case 02-026 until
their January 15, 2003 regular meeting, to allow for further consideration and
investigation.
COMMISSIONER KETSCHER SECONDED the motion.
Regular session closed.
Public hearing opened:
Mike Sirofchuck Parks & Recreation Committee Chair: Supported the motion to
postpone. Testified as to why the Parks and Recreation Committee would like to
see this parcel dedicated as a park. Stated that the Committee believes the best
value for the community regarding this land would be to have it set aside as a
parklands or green space. The Committee felt this parcel of property would serve
as a greenbelt to offset the increased development that is taking place in that area
and to enhance the value of the developed properties. Asked the Commission to
ultimately find in favor of the original Parks and Recreation resolution requesting
this property be dedicated as a park and Zoned Natural Use.
COMMISSIONER KETSCHER asked Mr. Sirofchuck if he felt it would be
advisable for the Commission to meet onsite with the Parks and Recreation
Minutes:November 20,2002 Page 10 of 17
Committee to review this property. Mr. Sirofchuck stated that he thought that
would be an excellent idea.
James Kennedy, resident: Stated that he's lived in Kodiak since 1975 and he
resides directly below this piece of property, on Spruce Cape Road. He stated that
this property was represented to him as a greenbelt by the Borough when he
purchased his property. Feels that this property should remain a greenbelt and be
zoned Natural Use to insure that use. Stated that he would not have a problem
with postponement.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
E) Case 02-027. Request for a rezone, in accordance with KI13C 17.72, of Lot 10,
US Survey 2873 from RI—Single family residential to R2—Two family residential.
STAFF indicated that twenty-seven public hearing notices were sent out on
October 29, 2002 advertising this request. Three were returned prior to the
meeting, two indicating objection and one supporting an expansion of the rezone
request. Staff recommended the Commission forward this rezone request to the
Kodiak Island Borough Assembly with a recommendation that it be approved.
COMMISSIONER OSWALT MOVED TO recommend that the Kodiak Island
Borough Assembly approve the rezoning of Lot 10, U.S. Survey 2873 from R-1
Single-family Residential 12 R-2 Two-family Residential, and to adopt the
"Findings of Fact" in the staff report dated November 12, 2002, in support of this
recommendation.
FINDINGS OF FACTS
Section 17.72.020 states that the Commission shall incorporate the following
criteria into their report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from R1 to R2 is needed and justified because the zoning district
permits development that:
P&Z Minutes:November 20,2002 Page 11 of 17
A. Is in conformance with the medium density residential designation
for this area indicated by the Year 2000 Land Use Plan contained
in the 1968 Kodiak Island Borough Comprehensive Plan.
B. Will not create a nonconforming land use in the rezone area.
C. Will not create negative impacts resulting from increased traffic.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
A change of zoning from R1 to R2 is consistent with the objectives of the
comprehensive plan, which designates this area as medium density residential. In
addition, the surrounding single-family zoned area should be investigated for
rezoning to R-2 Two-family Residential. This would be consistent with the
comprehensive plan designation and would provide a choice of single family or
two family density to property owners in the area, subject to meeting the
requirements of the district and applicable parking requirements.
The motion was SECONDED by COMMISSIONER BOEHLAND.
Regular session closed.
Public hearing opened:
Pam Sullivan, applicant: (Per telephone) Stated that she had sent a letter to those
individuals that expressed opposition to her request inviting them to contact her so
she could explain her request. Neither of them contacted her. Per Commissioner
Williams' request, she explained the purpose of her request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
F) Case 02-028. Request for a conditional use permit, in accordance with KIBC
17.26 and 17.67, to amend the site plan of a grandfathered,nonconforming mobile
home park located at US Survey 3098, Lot 14A-3B to expand the mobile home
park use in order to allow an additional mobile home space.
STAFF indicated forty-four (44) public hearing notices were distributed for this
request with one (1) being returned for this request asking that a parking plan be
required as part of the approval. Staff believed that this request can meet the
standards necessary to grant a conditional use permit under Chapter 17.67
(Conditional Use Permits) of the Borough Code, subject to conditions of approval,
and other considerations reflected in the findings of fact for this case.
Minutes:November 2 ,2002 Page 12 of 1
COMMISSIONER OSWALT MOVED TO grant conceptual approval for a
conditional use permit, in accordance with KIB Code Section (17.67), to permit
an additional mobile home space in the mobile home park located on Lot 14A-3B,
U.S. Survey 3098; subject to the conditions of approval contained in the staff
report dated November 12, 2002; and to adopt the findings contained in the staff
report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. A detailed site plan showing a plan for future mobile home park spaces
that meet the requirements of K.IBC 17.26, to the greatest extent possible,
shall be developed and resubmitted to the Commission for review prior to
granting final approval. The site plan shall be submitted with 90 days and
will be scheduled on the next regular Commission agenda available at the
time of submittal.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and
integrity of the surrounding area.
The purpose of the nonconforming provisions of KIBC is to ensure that develop
moves towards conformity any time that nonconforming rights are abandoned or
when major redevelopment of nonconformities is required. The need to reallocate
space within a mobile home park is understandable in order to move towards
conformity with the code, even if full conformity is unachievable. It is necessary,
however that the petitioner map out a complete picture of the future development
scenario to eliminate the need to come back to the Commission any time another
development change is required and to promote a future vision of the mobile
home park that moves towards conformity with current requirements of K:IBC
17.26, relating to mobile home parks.
Improvements to the existing mobile home park will preserve the value, spirit,
character and integrity of the surrounding area.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
The requirement for a detailed site plan conforming to the current requirements of
KI13C 17.26, to the extent feasible, will show that the use fulfills all other
requirements of this chapter. It is recommended that conceptual approval be
granted to give the petitioner time to develop a plan for subsequent Commission
review prior to granting final approval.
P&Z Minutes:November 20,2 2 Page 13 of 1.7
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health, safety, convenience and comfort.
The intent of KIBC 17.36 (Nonconformities) and KIBC 17.26 (Mobile Home
Parks) will be met by the creation of a site plan that shows a path of movement
towards conformity with current mobile home park standards. This will promote
the public health, safety,convenience and comfort.
17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
It is not clear from the site plan that this is the case for the proposed 8`h mobile
home park space. A more detailed site plan should be prepared to more accurately
reflect a future pattern of development that can be implemented over time, and as
needed, to move the park closer to conformity with the mobile home park
requirements of KIBC 17.26.
17.67.05 E. If the permit is for a public use or structure, the commission must
find that the proposed use or structure is located in a manner which will maximize
public benefits.
Not applicable,the permit is for a private mobile home park use.
COMMISSIONER BOEHLAND SECONDED the motion.
Regular session closed.
Public hearing opened:
Kevin Arndt, agent for the applicant: Presented the history of the removal of the
trailer from the eight space in the park and the reason for requesting an 81h space
in a different location. Stated that he didn't know how they could bring the park
into compliance due to the separation issues between the trailers. Would prefer to
be able to replace any removed trailer with a new trailer by the conditional use
permit process than make the changes required to come into compliance with the
code. Stated that he would rather see the trailers done away with completely and
do something else with the property but that there was no place for the trailers to
go.
COMMISSIONER WILLIAMS asked when they could expect to see the play area
installed in this park. Mr. Arndt stated that a good estimate would be two years
before the play area could be completed because a septic system needs to be
removed from the area.
Minutes:November 20,2002 Page 14 of 17
COMMISSIONER BOEHLAND asked if Mr. Arndt thought the site plan he
submitted was a detailed site plan, as per condition of approval #1. He responded
that that's what he thought he needed to provide for the meeting and he didn't
want to have to do anything more detailed than that. He said he could have the lot
lines drawn in but he couldn't see the benefit of doing so.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion FAILED four nays to one yay by roll call
vote. Commissioner Lindsey was the one yay.
G) Case 02-023. Request for a review of the zoning appeals code, Section
17.90.010, determining how a person may appeal certain administrative decisions
under KIBC Title 17 and the enforcement, penalties and remedies code, Section
17.75.
STAFF indicated that this case has been before the Commission several times
over the past few months. Staff was not able to provide much more analysis on
this request but did provide some flow chart diagrams to how specific changes to
the appeals process would affect how the case was heard.
COMMISSIONER OSWALT MOVED TO postpone further investigation into
the amendment of KIBC Chapter 17.90 and related chapters until the January 15,
2003 regular meeting, pending further investigation by the Planning and Zoning
Commission and staff.
The motion was SECONDED by COMMISSIONER KETSCHER.
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.
VII. OLD BUSINESS
There was no old business.
&Z Minutes:November 20,2002 page 15 of 1
VM. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
A) Letter dated October 22, 2002 from Martin Lydick to Mr. Phillip Ferris regarding
junkyard in the B-Business district.
B) Letter dated October 23, 2002 from Duane Dvorak to Ms. Shari Doyle regarding
written, e-mailed complaint dated October 22, 2002.
C) better dated October 25,2002 from Martin Lydick to Koniag,Inc regarding letter of
courtesy and advisory.
There were no further communications.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item
A through item C of Communications. The motion was SECONDED by
COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote.
X. REPORTS
STAFF reported the following meeting schedule:
• = Packet review work session December 11, 2002 at 7:30 p.m. in the Borough
conference room.
•
=Regular meeting December 18,2002 at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by
unanimous voice vote.
M. AUDIENCE COMMENTS
There were no audience comments.
COMAUSSIONERS' COMMENTS
COMMISSIONER OSWALT: Would have liked the Assembly member to stay through
the end of the meeting as he had some questions for him.
COMMISSIONER KETSCHER: Thanked Assembly member Heinrichs for attending
the meeting. It has been a long time since they have had an Assembly member present at
P&Z Minutes:November 20,2002 Page 16 of 17
a meeting. He found he could not agree with Mr. Heinrich's analysis one of the cases and
is troubled by the fact that the Borough is trying to become a subdivider. He feels that is
better left to the private sector. Thanked everyone for being there. Believes there is a
remedy to the mobile home park issue.
COMMISSIONER LINDSEY: Feels that enforcement issues on the mobile home parks
are hit or miss. Felt with the move afoot to more aggressively pursue violators, it
concerns him that any strong movement toward this be fair and equal. Feels a judicial
review regarding mobile homes is long overdue. Stated that is has been nice serving with
the Commission,he has one more month left.
COMMISSIONER BOE : Thanked staff and fellow commissioners for their
work and thanked the public for coming out to speak on issues that are important to them.
COMMISSIONER WILLIAMS: Thanked everyone for attending and thanked the
commissioners for their comments. Is in agreement regarding the mobile home park
issue. Feels it's an issue whose time has come and needs to be addressed. Wished
everyone a happy turkey day.
ADJOURNMIENT
VICE-CHAIR WILLIAMS ADJOURNED the regular meeting at 10:15 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
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ATTEST
By: f—,4
Erin Whipple, Secretary
Community Development Department
DATE APPROVED: December 18, 2002.
Minutes:November 20,2002 pee 17 of 17