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1997-12-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING —DECEMBER 17, 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 December 17, 1997 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Jerrol Friend, Chair Donna Bell Suzanne Hancock Clarence Selig Walter Stewart Darlene Turner Commissioners Absent: Roberta Scheidler — Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER BELL MOVED TO ACCEPT the agenda as presented by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER TURNER MOVED TO ACCEPT the minutes of the November 19, 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. VI. PUBLIC HEARINGS P & Z Minutes: December 17, 1997 Page 1 of 6 A) Case 97-024. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of Lot 3, Block 1, Woodland Acres Subdivision, from RR -Rural Residential to B-Business, UNC-Urban Neighborhood Commercial, 4C RB-Retail Business (Postponed from the November 19,1997 regular meeting). BOB SCHOLZE indicated 56 public hearing notices were mailed for this case this month and 3 were returned, I from the KIB School District expressing concern about traffic and 2 others opposing this request, as well as the one received last month, also opposing the request. Staff received a letter from the applicant requesting that this case be postponed until April or May, as they were out of town and unable to attend the meeting. Staff recommended postponement of this request until the May 1998 regular meeting. COMMISSIONER BELL MOVED TO POSTPONE action on Case 97-024 until the May 1998 regular meeting and to schedule it for a public hearing at that time. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Kathy Simpler, neighboring property owner, appeared before the Commission and expressed opposition to this request. She was concerned about increases in noise and traffic, poor traffic visibility, and aesthetics. She also stated that she had bought her property because it was located in a residential area. She felt having business development nearby would cause the neighborhood to lose its residential appeal and diminish her property value. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. B) Case 97-026. Request for a conditional use permit, in accordance with Section 17.13.040.17 (Conditional uses) of the Borough Code, to permit non -recreational gravel extraction activities, consisting of the removal of approximately 20,000 cubic yards of material, within Section 14, T31S, R20W. Generally located near Pasagshak Bay, east of Lake Rose Tead and west of Pasagshak Road. BOB SCHOLZE indicated 57 public hearing notices were mailed for this case and 1 was returned by the holder of a grazing lease in the area stating that he intended P & Z Minutes: December 17, 1997 Page 2 of 6 to erect a fence. Staff received a letter from the Alaska Department of Fish & Game identifying several concerns about protection of the fish habitat in Lake Rose Tead. Staff recommended postponement of this request until the January 1998 regular meeting to allow time for the applicant to respond to those concerns. COMMISSIONER SELIG MOVED TO POSTPONE action on Case 97-026 until the January 1998 regular meeting and to schedule it for a public hearing. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: John Pfeifer appeared before the Commission and expressed support for this request. He did not favor postponement as he felt it could put the project that the rock was intended for behind schedule. Jim Graham, contractor for the agent, appeared before the Commission and agreed with Mr. Pfeifer's comments about postponement. The Commission discussed the possibility of a special meeting on January 7 between the Commission, staff, the applicant/agent and the Alaska Department of Fish and Game. After discussion of postponement and review of the potential schedule for a decision on the case, Mr. Graham agreed that the project could stay on schedule as planned, since a January approval would allow the project to begin by mid -February. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. C) Case S97-020. Request for preliminary approval of the vacation of Lots 1 & 2, Block 1, Lots 1, 2, & 3, Block 2, Lots 1, 2, 4, & 5, Block 3, Lot 6, Block 4, Lots 5 & 7, Block 6, and Lot 1, Block 7, Black Canyon Subdivision, and adjacent rights - of -way and electrical easements, reverting to "acreage," retaining Lot 3, Block 3, and Lot 8, Block 6, Black Canyon Subdivision. Generally located near Mayflower Creek, in Kalsin Bay, along the Chiniak Highway. BOB SCHOLZE indicated 9 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to conditions. P & Z Minutes: December 17, 1997 Page 3 of 6 COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the vacation of Lots 1 & 2, Block 1, Lots 1, 2, & 3, Block 2, Lots 1, 2, 4, & 5, Block 3, Lot 6, Block 4, Lots 5 & 7, Block 6, and Lot 1, Block 7, Black Canyon Subdivision, and adjacent rights -of -way and electrical easements, reverting to "acreage," retaining Lot 3, Block 3, and Lot 8, Block 6, Black Canyon Subdivision, subject to the conditions of approval contained in the staff report dated December 1, 1997 and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place the following plat notes, retained from Plats # 90-24 and 90-46 as applicable to the two lots remaining: 1. "Natural Streams and Drainage courses shall not be blocked or impeded." 2. "All driveway locations for lots fronting on the Chiniak Highway shall be approved by the Alaska Department of Transportation and Public Facilities." 3. "The front yard setback for Lot 3, Block 3 and Lot 8, Block 6 shall be measured from the edge of the state highway right-of-way easement." 2. Vacation of rights -of -way must be approved by the Assembly. FINDINGS OF FACT 1. This plat, with conditions, meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat, with conditions, meets all the requirements of Title 17 of the Borough Code. 3. This plat, with conditions, provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. P & Z Minutes: December 17, 1997 Page 4 of 6 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. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of items A through B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated December 3, 1997 from Suzanne Hancock, resigning from her P&Z Commission position, effective January 1, 1998. B) Memorandum dated November 20, 1997 to September APA Audio Conference Participants from Candace Kane, Conference and Education Coordinator, RE: Latest Commissioner newsletter. There were no further communications. X. REPORTS MS. FREED reported that the Borough Assembly had scheduled a field trip for noon on December 18 to Block 3, Lakeside Subdivision, to view the proposed area of the right-of- way for vacation, and that Commissioners were invited to attend. COMMISSIONERS FRIEND, TURNER and SELIG reported that they could attend the worksession. Upon staff s recommendation, the Commission agreed that they would not hold worksessions on January 7 and 28, 1998. COMMISSIONER SELIG 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. P & Z Minutes: December 17, 1997 Page 5 of 6 C XII. COMMISSIONERS' COMMENTS The Commission wished everyone Merry Christmas and agreed that COMMISSIONER HANCOCK would be missed. XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:10 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION i ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: January 21, 1998 P & Z Minutes: December 17, 1997 Page 6 of 6