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2002-12-18 Regular Meeting KODIAK ISLAND BOROUGH PLANNINGSSI REGULAR.MEETING DECEMBER 18, 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 CHAIR SELIG on December 18,2002 in the Borough Assembly Chambers. H. ROLL CALL Commissioners Present Others Present Clarence Selig-Chair Duane Dvorak,Director Barbara Williams—Vice Chair Community Development Dept. Cheryl Boehland Erin Whipple, Secretary Reed Oswalt Community Development Dept. Jake Ketscher Dennis McMurry A quorum was established. Commissioners not present JAN 2 °"T Rob Lindsey—Not Excused III. APPROVAL OF AGENDA COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KETSCHER MOVED TO APPROVE the minutes of November 20, 2002 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER WILLIAMS, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. Minutes:December 1 , 2002 Page 1 of 14 0 VI, PUBLIC HEARINGS A) Case S02-020. Request for vacation and replat of Lots 19 — 22, Block 3, New Kodiak Subdivision and Lot 19A-2,Block 18, Kodiak Townsite creating Lot 20A, Block 3,New Kodiak Subdivision. STAFF indicated fifty-five (55) public hearing notices were distributed for this case with no responses. Review agency comments were received from the Department of Transportation requesting a dedication of twenty (20) feet along the west property line in order to maintain the retaining wall. The applicant has expressed that he has no objection to this condition. Staff believed that this request meets the requirements for preliminary approval. Staff recommended approval subject to one condition of approval. COMMISSIONER KETSCHER MOVED TO grant preliminary approval of the vacation and replat of Lots 19 through 22, Block 3, New Kodiak Subdivision and Lot 19A-2, Block 18, Kodiak Townsite Subdivision, creating Lot 20A, Block 3, New Kodiak Subdivision 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 subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED by COMMISSIONER WILLLkMS. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER KETSCHER noted that he did not include the condition of approval recommended by Staff in his motion. He does not believe the dedication has anything to do with, or should be a requirement for approval of this subdivision. He feels that if the Department of Transportation (hereafter referred P&Z Minutes.December 18,2002 Page 2 of 14 kj I0 to as DOT) wishes to acquire a portion of this piece of property, they should go through the process of purchasing it, separate from the subdivision. Staff, per the Chair's request, elaborated on the condition of approval, stating that the property owner has been contacted about this request and did not object to this request, instead requesting that the maintenance need of the retaining wall be conveyed to DOT. Staff also stated that DOT did not present this request as something they would strenuously object to if not approved. COMMISSIONER KETSCHER and Staff reiterated their positions on this issue again. The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER BOEHLAND MOVED TO AMEND the main motion to add the condition of approval contained in the staff report dated December 11, 2002 that reads as follows: I. Dedicate 20 feet from the rear of Lot 19A-2 to the West Rezanof Drive right-of-way as requested by the Alaska Department of Transportation and Public Facilities. COMMISSIONER MCMURRY SECONDED the amendment. The question was called, and the motion CARRIED four(4) yays to two (2)nays. Mr. Krtscher and Mr. Oswalt were the two nays. The question was called on the amended main motion and CARRIED four (4) yays to two (2) nays. Mr. Ketscher and Mr. Oswalt were the two nays. B) Case S02-022. Request for replat portions of T21S, R19W and R2OW, Seward Meridian creating Tracts A, B, C and D Afognak Joint Venture Subdivision, Delphin Bay Addition. COMMISSIONER SELIG declared a conflict of interest for public hearing items B and C, stating that he is a shareholder in Afognak Native Corporation, which is part of the Afognak Joint Venture (also known as AJV), applicant for both cases. He also served as a director for Koniag, Inc. for nine years, many times having to deal with the Afognak Joint Venture. COMMISSIONER OSWALT MOVED TO EXCUSE Commissioner Selig from discussion on these two cases. COMMISSIONER WILLIAMS SECONDED the motion. P&Z Minutes:December 18,2002 Page 3 of 14 The question was called, and CARRIED by unanimous roll call vote. COMMISSIONER SELIG handed the gavel to Vice Chair COMMISSIONER WILLIAMS. STAFF indicated nine (9) agency review letters were distributed for this case. Two agencies responded with verbal comments. The Kodiak Island Borough Engineering & Facilities department felt that reserving road right-of-way for future uses is necessary. They requested a wider right-of-way, eighty (80) feet, than platted on the preliminary plat due to lack of topographic information for this area. Staff drafted condition of approval number 3 to address this issue. The applicant can bring additional information to the Engineering and Facilities director and have him sign off on a lesser width requirement. In addition, the easement would need to be recorded prior to final approval of the plat if Tract C is going to rely on this proposed easement for access. Fish and Game was the other respondent. They requested a reference on the final plat cross-referencing the public access provisions of ANIILCA. Fish and Game felt that a simple plat note stating "these lands are subject to applicable laws" or "these lands are subject to applicable ANILCA provisions"would be sufficient. COMMISSIONER KETSCHER questioned Staff as to the date notices were sent out and what likelihood the Alaska Department of Fish and Game is going to come back with any concerns from the Alaska Attorney General's office? Staff responded that notices were mailed on December 2, 2002 and that the message from Robin Willis, Fish and Game, was received that afternoon (December 18, 2002) indicating that they had some sort of preliminary indication that ANILCA really didn't envision the breakdown of the Afoak Joint Venture and that they weren't sure this break-up and subsequent land subdivision would have any effect on ANILCA. It was stated that it didn't appear that their concerns were as great as they initially indicated. Staff believed this request meets the requirements for preliminary plat approval. COMMISSIONER KETSCHER MOVED TO grant preliminary approval of a request to replat portions of T21S, R19W, and T21 , R20W, Seward Meridian creating Tracts A, B, C and D, Afognak Joint Venture Subdivision, Delphin Bay Addition, subject to the conditions of approval contained in the staff report dated December 16, 2002, and to adopt the findings in that staff report as "Findings of Fact" for this case. P&Z Minutes:December 18,2002 Page 4 of 1 CONDITIONS OF APPROVAL 1. Provide certification block language that is consistent with the requirements of KIBC 16.50. In particular, change the reference in Plat Approval to indicate Borough Manager instead of Borough Mayor. 2. Place a note on the final plat referencing the applicable section of ANILCA that provides for public access or, in the alternative, obtain a letter from ADF&G indicating that no such plat note is needed. 3. Increase the width of the proposed access easement proposed to serve Tract C to a minimum of 80 feet, or in the alternative, provide additional information to the KEB Engineering and Facilities Director for review and approval of a lesser right-of-way width. 4. Record a valid easement for the proposed access easement alignment shown in support of Tract C, and reflect the recording number on the face of the final plat. FINDINGS OF FACT I. 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 ineets 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: Peter Olsen, Representative of K2niggkc.: State he was the employee that worked in the field to design the easement. The purpose of the easement is to grant access to the owner of Tract C. Felt the easement was adequate for the type of road construction used on Afognak Island. Asked that the Commission consider keeping the easement at 50 feet. Does not want to see the process delayed at all. Provided a written statement that AJV has developed to include on the plat addressing the public access concerns of Fish and Game. COMMISSIONER OSWALT asked Mr. Olsen if they would be satisfied with a 60 foot easement? Mr. Olsen said that would not be a problem. COMMISSIONER KETSCHER stated to Mr. Olsen that notices were sent out to agencies and Native corporations on December 2, 2002. Although allowable by code, he feels it is a very short period of time in which to receive comments back P&Z Minutes:December 18® 2002 Page 5 of 14 from said agencies and corporations, especially Fish and Game, who has said they may be contacting the State Attorney General's office. Commissioner Ketscher asked Mr. Olsen how Afognak Joint Venture would feel about postponing this request until January? Mr. Olsen stated that A-TV feels this is a pretty standard procedure. They are aware of Fish and Game's concerns but feel the plat note they provided is enough to satisfy those concerns. Would not like to see this case postponed. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER KETSCHER MOVED TO POSTPONE this case until the January 15, 2003 regular meeting of the Planning and Zoning Commission. The motion failed for lack of a second. The question was called, and the motion CARRIED by unanimous roll call vote. C) Case S02-023. Request for replat portions of T24S, R23W, Seward Meridian creating Tracts A and B, Afognak Joint Venture Subdivision, Raspberry Strait Addition. STAFF indicated nine (9) agency review letters were distributed for this case. There was no comment on this case from KE3 Engineering and Facilities department but Fish and Game did express the same concern as they did on Case S02-023, regarding the need for a plat note referencing ANILCA. Staff believed this request met the requirements for preliminary approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval of a request to replat portions of T24S, R23W, Seward Meridian creating Tracts A and B, Afognak Joint Venture Subdivision, Raspberry Strait Addition, subject to the conditions of approval contained in the staff report dated December 16, 2002, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Provide certification block language that is consistent with the requirements of K113C 16.50. In particular, change the reference in Plat Approval to indicate Borough Manager instead of Borough Mayor. 2. Place a note on the final plat referencing the applicable section of ANELCA that provides for public access or, in the alternative, obtain a letter from ADF&G indicating that no such plat note is needed. P&Z Minutes:December 18,2002 Page 6 of 14 1. There was a clerical error in the decision; 2. The decision resulted from fraud or mistake; or 3. There is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing. Staff believes that the Commission can find a clerical error was made, which would allow for reconsideration. A motion worded in the reverse of what was provided to them in October, namely to reverse the denial of the zoning compliance permit, is included in their packet. Staff is still recommending denial of the zoning compliance, or failing the proposed motion. COMMISSIONER KETSCHER MOVED TO GRANT reconsideration for Case 02-025, in accordance with KIBC 17.80.010.13, to correct a clerical error and to consider whether other mistakes or new information should be considered for this case. COMMISSIONER WILLIAMS SECONDED the motion. The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER WILLIAMS MOVED TO AMEND the main motion to read: Move to postpone action on Case 02-025 and to set it for a new public hearing on January 15, 2003. COMMISSIONER BOEHLAND SECONDED the amendment to the main motion. COMMISSIONER MC MOVED TO AMEND THE AMENDMENT by changing the date to the regular meeting of February 19, 2003. COMMISSOINER KETSCHER SECONDED the amendment to the amendment. The question was called, and the amendment to the amendment CARRIED by unanimous roll call vote. The question was called, and the amended main motion CARRIED by unanimous roll call vote. B) Case 502-009. Reconsideration of preliminary approval, in accordance with KIBC 16.60.030, of the vacation of Lots 2,3, and 4, U.S. Survey 3466 creating Lots 1-4, Lakeshore Estates without the vacation of the 50 foot wide road and utility easement on Lot 2, U.S. Survey 3466, which was vetoed by the KID Assembly on October 17, 2002. (Stan Smith) P&Z Minutes:December IS.2002 Page 8 of 14 qj� 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 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. 10 Minute Recess called so COMMISSIONER SELIG could resume as Chair. VH. OLD BUSINESS A) Case 02-025. Reconsideration, per 17.80.010, of the Planning and Zoning Commission decision on appeal to AFFMM an administrative decision to deny a zoning compliance permit to construct an attached addition and arctic entry onto an existing mobile home located at Jackson's Mobile Home Park Space #68. (Appellant: Don Lakings) Staff reported that this case was heard by the Corrunission in October (2002). At that time the recommendation from Staff was to affirm the decision to deny zoning compliance. A motion was made to of that decision. That motion failed with a 3-3 vote. Staffs interpretation at that time was that because the motion failed, Staff s decision was upheld. The petitioner spoke to the KD3 Clerk to file an appeal of this decision and upon review, the Clerk's opinion was that while the motion did clearly fail, it was worded incorrectly to trigger the automatic affirmation of Staff's decision and therefore the decision of the Commission was inconclusive. The Clerk recommended that the petitioner bring the case back before the Commission for a reconsideration. Staff stated that the Cornmission may reconsider a decision only if it finds: P&Z Minutes:December 18,2002 Page 7 of 14 emergency vehicle access and maneuvering must be satisfied as determined by the Fire Marshal. 5. The forty (40) foot long container van currently located within the road and utility easement on proposed Lot 2 must be removed from the easement, and, if it is relocated on the property, that must be done with issuance of applicable permits and in conformity with setback requirements. 6. Final plat approval is contingent on a statement of non-objection from ACS indicating that the concern registered in the September 3rd and September 171h e-mails has been addressed. Findings of Fact I. 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. COMMISSIONER KETSCHER SECONDED the motion. The question was called, and the motion CARRIED by unanimous voice vote. C) Case 02-028. Findings of Fact. Request for 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 reported that the Commission at their November 20, 2002 regular meeting denied the above request. The adoption of Findings of Fact to support the denial was deferred for one month, COMMISSIONER KETSCHER MOVED TO ADOPT findings contained in the memorandum dated December 18, 2002 as "Findings of Fact" in support of the denial of the conditional use permit. FINDINGS OF FACT 1. In a recent appeal case previously reviewed by the Commission, wherein an applicant was denied a zoning compliance permit for the reconstruction of a mobile home addition to replace a pre- p&Z Minutes:December 18.2002 Page 10 of 14 Staff reported that the Commission heard this case in September 2002, and approved the replat as well as the vacation of a road and utility easement crossing a portion of the property. The vacation portion of the request was vetoed by the KIB Assembly. Staff believes this request should be reconsidered and still believes that the request meets all the conditions necessary to grant preliminary approval to the subdivision. COMMISSIONER BOEHLAND MOVED TO RECONSIDER Case S02-009, in accordance with KIBC 16.60.060.13, to address the proposed plat design without the right-of-way easement vacation request that was vetoed by the KI13 Assembly on October 17,2002. COMMISSIONER KETSCHER SECONDED the motion. The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER OSWALT MOVED TO GRANT preliminary approval to the vacation of Lots 2, 3 and 4, U.S. Survey 3466 creating is I through 4, Lakeshore Estates Subdivision, subject to the six (6) conditions of approval contained in the Memorandum dated December 18, 2002; and to adopt the finding in that memorandum as "Finding of Fact" for this case. CONDITIONS OF APPROVAL 1. Prior to final plat approval, zoning compliance and building permits, as well as applicable inspection reports and/or certificate of occupancy required by the Building Department must be obtained for the conversion of the occupied garage on proposed Lot 2 into a single-family house. Occupancy will be discontinued until these requirements are satisfied. 2. Within eight (8) months (by August 18, 2002), applicable inspection reports and/or certificate of occupancy required by the Building Department must be issued for conversion of the barn. on proposed Lot 3 to a single-family residence, or it must be otherwise brought into compliance with Title 17- Zoning. Absent this, zoning enforcement action will be initiated. 3. As required by KIBC 16.40.050B.3.a.ii, place a note on the final plat stating: "Further subdivision of is 3 and 4 is prohibited as long as they rely on dual, back-to-back flagstems for driveway access." 4. Plat a temporary road easement on proposed is I and 2, Lakeshore Estates, as indicated by the "eyebrow" cul-de-sac on the revised preliminary plat dated August 12, 2002. At a minimum, Uniform Fire Code (UFC) requirements for P&Z Minutes:December 18,2002 Page 9 of 14 NEW BUSINESS A) Review of resolution from the Board of Realtors requesting a review of the practice of allowing flagstem lot designs in subdivisions. Staff reported that the Board of Realtors presented this request and that at the packet review several commissioners had expressed interest in investigating this further. Staff suggested a March/April time frame to begin the investigation of this issue, due to prior commitments by the Commission. Staff recommended if the Commission wished to begin investigation of this matter, the appropriate motion was to approve the draft letter addressed to the Board of Realtors. COMMISSIONER WILLIAMS MOVED TO APPROVE the draft letter addressed to the Kodiak Board of Realtors. COMMISSIONER KETSCHER SECONDED the motion. The questions was called, and the motion CARRIED by unanimous voice vote. IX. COMMUNICATIONS A) Letter dated November 7, 2002 from Martin Lydick to Mr. Miguel Imperio regarding notice of violation. B) Planning and Zoning Commission training session notes from the November 6, 2002 parliamentary procedure class. There were no further communications. COMMISSIONER BOEIELAND MOVED TO ACKNOWLEDGE RECEIPT of item A through item B of Communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: r January 8, 2003 work session at 7:30 p.m. in the KIB Conference room. ■ January 15, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers. Staff reported that he had spoken with Commissioner Williams and asked her to serve on the Womens Bay Comprehensive plan management team. Commissioner Williams agreed to do so. Staff also suggested Commissioner Boehland, if she wished, could serve on this team as she and Commissioner Williams reviewed the RFPs. Staff also P&ZMinutes:December 1 ,2002 page 12 of 1 (23) existing, nonconforming addition that had been removed from the unit, the Commission found that the applicable provisions of KIBC 17.36 require that changes to nonconforming structures and uses in mobile home parks requires movement toward conformity with the current requirements of KEBC 17.26 (Mobile Home Parks), The Commission needs to be consistent in light of this recent decision and not make substantially different rulings from month-to-month. 2. This case involves the application of nonconforming rights, as referenced in KIIBC 17.36. When changes occur to nonconforming structures and uses in mobile home parks, those changes may negate the nonconforming rights to a use or structure. 3. The site appears to be a tight site in terms of the improvements currently required in a mobile home park by KEBC 17.26 (Mobile Home Parks). The denial of the conditional use to amend the park site plan will leave more room for park residents and may facilitate future park improvements. COMMISSIONER OSWALT SECONDED the motion. The question was called, and the motion CARRIED by unanimous roll call vote. D) Case S02-017. Findings of Fact for the denial of a portion of Case 02-017 — Preliminary approval, in accordance with KEBC 16.60, of the vacation of a fifty (50) foot wide road and utility easement bisecting Lot 7A. (The adoption of findings has been deferred from the November 20, 2002 regular meeting) (Applicant: KIB) COMMISSIONER OSWALT MOVED TO ADOPT the findings contained in the memorandum dated December 18, 2002 as "Findings of Fact' in support of the denial of the vacation of a fifty (50) foot wide road and utility easement bisecting Lot 7A. FINDINGS OF FACT 1. The easement is perceived to have a benefit to the public, particularly to the surrounding property owners. In addition, the easement may be a benefit to the future development of Tract A, Raven Hills Subdivision by allowing the development of appropriate legal and physical access within the tract asp of a future subdivision. COMMISSIONER KETSCHER SECONDED the motion. The question was called, and the motion CARRIED by unanimous roll call vote. P&Z Minutes-December 18,2002 Page 11 of 14 suggested that incoming commissioner, Dr. Gary Carver, might be interested in serving on that to as he is a resident of Womens Bay. Staff thanked Commissioner Selig for his seven years of service on the Planning and Zoning Commission. Staff welcomed Dr. Gary Carver and Jerrol Friend as incoming commissioners. There were no ftu-ther reports. CONMflSSIONER BOEHALAND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMIVISSIONER TSC R, and CARRIED by unanimous voice vote. AUDIENCE COMMENTS Mel Stevens: Commented on case 02-020. Felt that the condition of approval (dedicating 20 feet of the property to DOT) was very wrong and was not relevant to the replat. He doesn't feel that the Commission has the legal authority to require Mr. James give this portion of his property to DOT. Pat Branson, Assembly Member: Thanked the Comn-dssion for their work. Thanked Clarence for his years of service. Wished everyone a Happy Holidays. I. COMMISSI ONERS' COMMENTS CO SIO MCMURRY: Responded to Mr. Stevens, who spoke under audience comments, stating that the reason he voted the way he did on case 02-020 is that he's not a lawyer, he relies on staff comments, and because staff had contacted the applicant who seemed to not have a problem with the dedication then he didn't see any reason why he should have a problem with it. COMMISSIONER KETSCHER: Thanked Clarence for his work, he's enjoyed serving with him the past year. Thinks they had a pretty good meeting. Agrees with Mr. Stevens wholeheartedly and feels they've set bad precedent. Feels the dedication of the land should be dealt with as a separate issue. Feels they rushed into the Afognak subdivisions. Doesn't expect any problems but feels the review agencies didn't have enough time to comment thoroughly. CONMSSIONER BOEHLAND: Wished everyone Happy Holidays. COMMISSIONER WILLIAMS: Said she was really going to miss Clarence, thanked him for all his help since she's been on the Commission. Appreciated Rob Lindsey's insight as well. Wished everyone a very Merry Christmas and Happy New Year. P&Z Minutes:December 18,2002 Page 13 of 14 IN CO1vMSSIONER OSWALT: Said he'd miss Clarence and his historic knowledge of Kodiak. Stated that it had been a pleasure to work with him and he hoped the best for him. CONMSSIONER SELIG: Thanked the Commissioners there and to all the past Commissioners he'd worked with. It's been a learning experience. He put in seven years, 2 years as a Commissioner, 2 years as Vice Chair and 2 years as Chairman. It has been very rewarding. There have been difficult cases but with everyone's diversity and expertise they've been able to work toward solid decisions. Wished everyone Happy Holidays. XM. ADJOURNMENT CHAIR SELIG ADJOURNED the regular meeting at 9:15p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMSSION By: C+aenceffft, Chair C01 I I iarn ATTEST By: Erin Whipple, Secretary Community Development Department DATE APPROVED: January 15, 2003. P&Z Minutes:December 18,2002 Page 14 of 14