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1997-07-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -JULY 16, 1997 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 Friend on July 16, 1997 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Jerrol Friend, Chair Donna Bell Suzanne Hancock Roberta Scheidler Walter Stewart Darlene Turner Commissioners Absent: Clarence Selig - Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER HANCOCK MOVED TO ACCEPT the agenda as presented. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER STEWART MOVED TO ACCEPT the minutes of the July 16, 1997 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. P & Z Minutes: July 16, 1997 Page 1 of 7 f VI. PUBLIC HEARINGS A) Case 97-008. Request for a conditional use permit, in accordance with Section 17.13.040.17 (Conditional Uses) of the Borough Code, to permit non -recreational mineral extraction activities, specifically commercial removal of up to 300,000 cubic yards of rock, to be located in the C-Conservation zoning district, in Anton Larsen Bay (postponed from the June 18, 1997 regular meeting). BOB SCHOLZE indicated 43 public hearing notices were mailed for this case, this month. Sixteen were returned in June, and 9 in July, all opposing this request. Staff reported that the applicant agreed to postpone the case until September, and had revised their request. Staff recommended postponement of this case until either the August or September, 1997 regular meeting, and that it be scheduled for an additional public hearing. COMMISSIONER TURNER MOVED TO POSTPONE ACTION on Case 97- 008 until the September, 1997 regular Commission meeting and to schedule the amended request for a public hearing. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Nick Troxell appeared before the Commission and expressed opposition to this request. He presented the Commission with several maps and an alternate proposal for rock extraction at a site located in Shakamanof Cove. Iffry Newitt, Anton Larsen Bay resident, appeared before the Commission and expressed opposition to this request. He felt reopening the quarry site would negatively impact the attraction of tourists to the Bay. He also presented the Commission with the September 1989 Anton Larsen Bay Draft Project Report concerning quarry related impacts. Bruce Short appeared before the Commission and stated that the area proposed for anchoring the barge in Anton Larsen Bay contained an eel grass bed which was important herring spawning ground habitat. He felt this was an important issue worth bringing to the Commission's attention. Colleen Nevin appeared before the Commission to express her opposition to this request. She did not feel that this CUP request met all of the standards contained in KIBC Section 17.67.050. P & Z Minutes: July 16, 1997 Page 2 of 7 Margaret Tucker appeared before the Commission to express her opposition to this request. She felt there were alternate locations that could be utilized for rock extraction. She was aware that there were many permits that needed to be obtained and she felt that pursuing the use of another site could prove to be more cost effective for the applicant. Ron Brockman appeared before the Commission to express his opposition to this request. Lila Schwantes appeared before the Commission to express her opposition to this request. She presented the Commission with a written summary of her and her husband's concerns. She felt that the request did not meet the requirements of KIBC Section 17.13.090 Special District Regulations, or 17.67.050 Standards. Martha Randolph appeared before the Commission to express her opposition to this request. Tom Schwantes appeared before the Commission to express his opposition to this request. He had spoken with ADF&G representatives and felt there were many fisheries issues that needed to be addressed. Marie Chandler appeared before the Commission to express her opposition to this request. She felt Anton Larsen Bay was a natural boat harbor that should not be destroyed. She did not want to damage the perfect beauty of the harbor. Bill Oliver. agent for the applicant, Brechan Enterprises, appeared before the Commission to clarify that Brechan concurred with the recommendation to postpone action on this case until September. Public Hearing Closed. Regular Session Opened. COMMISSIONER TURNER felt that there was a lot of convincing testimony from the residents of Anton Larsen Bay supporting their opposition to this request. She felt that she could not make a fair decision unless the applicant was allowed further time to provide information supporting the request. She favored postponement until September. COMMISSIONER HANCOCK concurred with COMMISSIONER TURNER'S comments. COMMISSIONER SCHEIDLER also concurred with those comments. She asked that staff provide the Commission with additional information on a P & Z Minutes: July 16, 1997 Page 3 of 7 continuous basis so they would have time to review and analyze the information prior to the September meeting. COMMISSIONER STEWART commented that in the period of time he had been on the Commission, he felt the Commission was very conscientious and fair, and he was confident that the decision for this request would be made based on the facts presented. The question was called and the motion to postpone CARRIED by unanimous roll call vote. B) Case 597-008. Request for preliminary approval of the subdivision of Tract T-IA, U.S. Survey 3218, creating Lots 1-5, Block 5, and Lot 4A, Block 3, Killarney Hills Subdivision and Tract T-IA-1, U.S. Survey 3218, and creating a ten foot (10') wide drainage easement on Lot 13, Block 3, Killarney Hills Subdivision. 2910 Mill Bay Road and 3275 Woody Way Loop (postponed from the June 18, 1997 regular meeting). BOB SCHOLZE indicated 51 public hearing notices were mailed for this case this month and none were returned. He reported that the deed restriction that was presented to the Commission at the June meeting had not been recorded with the State recorder's office. Staff recommended approval of this request subject to 3 conditions. The motion currently on the floor is: MOVE TO GRANT preliminary approval to the subdivision of Tract TVA, U.S. Survey 3218, creating Lots 1-5, Block 5, and Lot 4A, Block 3, Killarney Hills Subdivision and Tract T-IA-1, U.S. Survey 3218, and creating a ten (10) foot wide drainage easement on Lot 13, Block 3, Killarney Hills Subdivision, subject to the conditions of approval contained in the staff report dated May 30, 1997, and to adopt the findings in that staff report as "Findings of Fact"for this case. CONDITIONS OF APPROVAL 1. Create a twenty foot (20) wide utility easement extending ten (10) feet on each side of the lot line common to proposed Lots I and 2, Block 5 to provide for relocation of water and sewer lines serving the convent on Tract T-IA. Absent a utility easement covering the existing service lines to the convent, should those lines cross one of the lots proposed to be created by this plat, the sewer and water service lines to the convent must be relocated to this newly created twenty foot wide easement prior to final plat approval. P & Z Minutes: July 16, 1997 Page 4 of 7 ` 2. Create an access easement for the benefit ofproposed Tract T-IA-1 across the northwest portion of proposed Lot 4A, Block S covering the existing gravel driveway providing access from Hilary Lane to the rear of the church and the school. 3. Provide a five (S) foot wide utility easement on the front of proposed Lots 1-5, Block S along Murphy Way and Hilary Lane as requested by KEA. 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. Regular Session Closed. Public Hearing Opened: Alan Schmitt, agent for the applicant, appeared before the Commission to express support for this request, and to answer questions. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. C) Suggested changes to KIBC Section 16.80.080 B. (Drainage), proposing a reduction of minimum width of roadway ditches from eight (8) feet to six (6) feet. BOB SCHOLZE indicated no individual public hearing notices were mailed for this case but that a memorandum was distributed to the Facilities/Engineering Department and service district board chairpersons explaining the request and asking for comments and input. As of meeting time, the only comment that had been received was from the Facilities/Engineering Department. A drawing had also been provided for the Commission, diagramming the difference between what the current code requires versus what was being proposed. Staff recommended that the Commission not forward this request to the Assembly. P & Z Minutes: July 16, 1997 Page 5 of 7 r COMMISSIONER SCHEIDLER MOVED TO RECOMMEND to the Kodiak ( Island Borough Assembly, that KIBC Section 16.80.080 B (Drainage) be revised by reducing the minimum width required for roadway ditches from eight (8) feet to six (6) feet. 6 The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER TURNER MOVED TO POSTPONE ACTION on this request until the August, 1997 regular meeting, and to schedule it for a public hearing. The motion to postpone was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no new business. VIIL NEW BUSINESS There was no new business. IX. COMMUNICATIONS There were no communications. X. REPORTS Staff and the Commission discussed the scheduling of upcoming meetings: July 22: Joint worksession w/City Council, RE: Lakeside Subd./Beaver Lake development planning. July 23: Regular Commission worksession, RE: Lakeside Subd./Beaver Lake development planning. July 30: No worksession July 31: Joint worksession w/Borough Assembly, RE: Lakeside Subd./ Beaver Lake development planning. P & Z Minutes: July 16, 1997 Page 6 of 7 COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS CHAIR FRIEND encouraged the public to attend the Bear Country Music Festival scheduled for the fair grounds this weekend. XIIL ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:40 p.m. KODIAK ISLAND BOROUGH PLANNING AN]? ZONING COMMLSSM By: ,/ ./ Je rol Friend, Chair ATTEST By: -- Eileen Probasco, Secretary Community Development Department DATE APPROVED: August 20, 1997 P & Z Minutes: July 16, 1997 Page 7 of 7