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1999-04-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING — APRIL 21, 1999 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 TURNER on April 21, 1999 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Donna Bell Linda Freed, Director Bob Himes Community Development Dept. Clarence Selig Bob Scholze, Associate Planner Marty Shuravloff Community Development Dept. Walter Stewart Jennifer Smith, Secretary Darlene Turner, Chair Community Development Dept. Commissioners not present at roll call Roberta Scheidler (in at 7:36 p.m.) A quorum was established. III. APPROVAL OF AGENDA CHAIR TURNER asked if there were any changes to the agenda. BOB SCHOLZE indicated there were none. COMMISSIONER HIMES MOVED TO APPROVE the agenda as presented. The motion was seconded by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HIMES MOVED TO ACCEPT the minutes of the March 17, 1999 Planning and Zoning Commission regular meeting, as submitted. The motion was seconded by COMMISSIONER SELIG, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. P & Z Minutes: April 21, 1999 Page 1 of 10 VI, PUBLIC HEARINGS A) Case S99-001. Approval of the vacation of a ten (10) foot wide utility easement adjacent to the east (side) lot line of Lot 4C, Block 3, Miller Point Alaska Subdivision, and creation of a ten (10) foot wide utility easement adjacent to the east (side) lot line of proposed Lot 4C-1, Block 3, Miller Point Alaska Subdivision. 4087 and 4031 Otmeloi Way. BOB SCHOLZE indicated twenty-two (22) public hearing notices were mailed for this case, and none were returned. Bob further reported that the applicant submitted a written statement supporting vacation of the existing ten (10) foot wide utility easement on Lot 4C. However, in the same statement, he expressed opposition to creation of a replacement ten (10) foot wide utility easement on the newly created side lot line of proposed Lot 4C-1. The applicant's two principal reasons for opposition were: 1) the utility easement would not be needed for electrical, telephone or cable since these are proposed to be underground in the new subdivision; and, 2) a thirty (30) foot wide utility easement already exists across Lot 413-1 that could be used to provide, when necessary, water and sewer service from the mains in Kraft Way to Lot 4A-2, located north and west of proposed Natalia Subdivision. Staff recommended approval of this request subject to conditions. COMMISSIONER SELIG MOVED TO GRANT preliminary approval to the vacation of a ten (10) foot wide utility easement adjacent to the east (side) lot line of Lot 4C, Block 3, Miller Point Alaska Subdivision subject to the conditions of approval contained in the revised summary statement dated April 19, 1999, and to adopt the findings in the March 25, 1999 staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Create by the final plat either a five (5) foot wide utility easement adjacent to the north (rear) lot line of proposed Lot 4C-1, Block 3, Miller Point Alaska Subdivision, or a ten (10) foot wide by twenty (20) foot long utility easement, as indicated, in the northwest corner along the rear lot line of proposed Lot 4C-1, Block 3, Miller Point Alaska Subdivision. 2. Consent of the Assembly as outlined in KIBC 16.60.060 must be obtained prior to final 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. P & Z Minutes: April 21, 1999 Page 2 of 10 3. This plat provides a subdivision of land that is consistent with adopted FBorough plans for this area. The motion was SECONDED by COMMISSIONER HIMES. Regular session closed. Public hearing opened: Kevin Arndt -Applicant: Stated he spoke with the property owners, in which they expressed opposition to the full length five foot wide utility easement to the northern (rear) lot line due to an existing shed and felt there was no reason for the easement. The property owners were of support of the ten foot wide by twenty foot wide utility easement in the northwest corner along the rear lot line of proposed Lot 4C-1. Public hearing closed. Regular session opened: COMMISSIONER SHURAVLOFF MOVED TO AMEND THE MAIN MOTION by changing condition of approval number one to read: 1. Create by the final plat a ten (10) foot wide by twenty (20) foot long utility easement, in the northwest corner along the rear lot line, of proposed Lot 4C-1, Block 3, Miller Point Alaska Subdivision. The AMENDMENT was seconded by COMMISSIONER HIMES and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. B) Case S99-004. Request for preliminary approval of the vacation of Lots 10 and 11, Block 2, Russell Estates Subdivision and Lot 12A, Block 2, Russell Estates Subdivision tad Addition, replating to Lot 10A, Block 2, Russell Estates Subdivision, and Lot 12A-1, Block 2, Russell Estates Subdivision, 2n' Addition. 1710 and 1714 Larch St. BOB SCHOLZE indicated eighty-nine (89) public hearing notices were mailed for this case, and none were returned. Bob further reported that the City of Kodiak formally requested a twenty (20) foot wide drainage easement centered on the lot line common to proposed Lots 10A and 12A-1, and a ten (10) foot wide drainage easement along the front lot line covering the existing manhole at the front of the property. As explained by the City of Kodiak, the easement is being P & Z Minutes: April 21, 1999 Page 3 of 10 requested for public safety purposes. Furthermore, the City stated in writing that relocation of the storm drain will be accomplished within forty-five (45) days after recording of final plat. Consistent with previous cases, the City's written statement of intent to complete work within a certain time period is sufficient to satisfy the condition of approval for recording of the plat. Condition of approval #1 had been revised to reflect the City's request and stated intention to relocate the storm drain. Staff recommended approval of this request subject two conditions. COMMISSIONER STEWART MOVED TO GRANT preliminary approval of the vacation of Lots 10 and 11, Block 2, Russell Estates Subdivision and Lot 12A, Block 2, Russell Estates Subdivision 2"" Addition, replating to Lot 10A, Block 2, Russell Estates Subdivision, and Lot 12A-1, Block 2, Russell Estates Subdivision, 2nd Addition, subject to the conditions of approval contained in the summary statement dated April 19, 1999, and to adopt the findings in the March 26, 1999 staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. As requested by the City of Kodiak, the final plat at recording will create the drainage easement indicated on the preliminary plat ten (10) feet on either side of the lot line common to proposed Lots 10A and 12A-1 as well as ten (10) feet wide along a portion of the front lot line of proposed Lot 12A to cover the storm drain manhole and culvert. 2. Change the description of the lots being created by the plat to: "Lot 10A, Block 2, Russell Estates Subdivision and Lot 12A-1, Block 2, Russell Estates Subdivision, Second Addition." FINDINGS OF FACT 1. With conditions, 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 HIMES. Regular session closed. Public hearing opened: P & Z Minutes: April 21, 1999 Page 4 of 10 Jeff Knauf A l l� 'cant: Mr. Knauf stated he would like to request the Commission to consider to eliminate condition of approval #1 so he could proceed with the development of the lot, and that he would in good faith continue to further negotiate with the City regarding the easement. Further discussion was held. Bill Jones Manager -City of Kodiak: Mr. Jones again urged the importance of the easement for the storm drain due to safety purposes, and would prefer condition of approval #1 remain and be adopted. Further discussion was held. Public hearing closed. Regular session opened: COMMISSIONER SELIG MOVED TO AMEND THE MAIN MOTION by deleting condition of approval number one. ......... The AMENDMENT was seconded by COMMISSIONER SCHEIDLER and CARRIED by unanimous roll call vote. COMMISSIONER HIMES voted "no". The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. C) Case S99-005. Request for preliminary approval of the vacation of a twenty (20) foot wide sewer easement on Lot 15A-2, U.S. Survey 3100. Tona Lane. BOB SCHOLZE indicated thirty-six (36) public hearing notices were mailed for this case, and one was returned expressing "no objection". Staff recommended approval of this request subject to three (3) conditions. COMMISSIONER HIMES MOVED TO GRANT preliminary approval to the vacation of a twenty (20) foot wide sewer easement on Lot 15A-2, U.S. Survey 3100, subject to the conditions of approval contained in the revised summary statement dated April 19, 1999 and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. As recommended by the Engineering/Facilities Department, prior to final approval the piles of dirt and debris as well as logs in the roadway construction and maintenance easement should be removed and the drainage ditch along the shoulder of Arlene Way reestablished. P & Z Minutes: April 21, 1999 Page 5 of 10 2. As requested by KIB Road Service District #1, the sewer line clean -out within the road construction and maintenance easement will be moved outside of the easement or cut down to ground level so as to not be broken off during ditch maintenance or snow removal. 3. Consent of the Assembly as outlined in KIBC 16.60.060 must be obtained prior to final approval. FINDINGS OF FACT 1. With conditions, 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 STEWART. Regular session closed. Public hearing opened: Scott King- .Mlicant: Mr. King requests approval, and that he concurs with all the conditions recommended by staff. Ed Mahoney -Private Citizen: Mr. Mahoney expressed concern over location of easement for sewer line, and urges denial of request. Scott King -Applicant: Mr. King read Mr. Mike Anderson's (owner of adjacent lot) public hearing notice comment to the Commission, which stated "no objection to the vacation. We also need to vacate the easement between Lot 15A- 2 and Lot 15A-3... ". Further discussion was held. Ed Mahoncy7 Mr. Mahoney further responded by noting both utility easements were original intended for future development of subdivision. Seeing and hearing none. Public hearing closed. Regular session opened: LINDA FREED noted that when Lot 15A was originally subdivided into three lots the existing sewer line was left in its location crossing Lot 15A-2 therefore a P & Z Minutes: April 21, 1999 Page 6 of 10 twenty foot wide sewer easement covering the sewer line was required across Lot 15A-2 as a condition of final approval. Further discussion was held. The question was called and the motion CARRIED by unanimous roll call vote. D) Case 599-006. Request for preliminary approval of the vacation of a ten (10) foot wide electrical easement on Lot 15C, U.S. Survey 3099. 2927 Spruce Cape Road. BOB SCHOLZE indicated thirty-one (31) public hearing notices were mailed for this case, and none were returned. LINDA FREED noted the staff report was prepared by Eileen Probasco, Assistant Planner. Staff recommended approval of request subject to one condition. COMMISSIONER SCHEIDLER MOVED TO GRANT preliminary approval to the vacation of a ten (10) foot wide electrical easement on Lot 15C, U.S. Survey 3099, subject to the condition of approval contained in the staff report dated March 25, 1999, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL Consent of the Assembly as outlined in KIBC 16.60.060 must be obtained prior to final approval. FINDINGS OF FACT 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. Vacation of this easement will not adversely affect the ability to provide adequate utility services to this or other lots in the area. The motion was SECONDED by COMMISSIONER SHURAVLOFF. Regular session closed. Public hearing opened: Ed Mahoney -Service District #1 Chairman: Mr. Mahoney expressed that he supported the request. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote. P & Z Minutes: April 21, 1999 Page 7 of 10 E) Case S99-007. Request for preliminary approval of the subdivision of Lot 8B, Block 5, Miller Point Alaska Subdivision, creating Lots 813-1 and 813-2, Block 5, Miller Point Alaska Subdivision. 4504 E. Rezanof Drive. BOB SCHOLZE indicated twenty-six (26) public hearing notices were mailed for this case, and none were returned. Staff recommends approval of this request subject to two conditions. COMMISSIONER BELL MOVED TO GRANT preliminary approval to the subdivision of Lot 813, Block 5, Miller Point Alaska Subdivision, creating Lots 813-1 and 813-2, Block 5, Miller Point Alaska Subdivision, subject to the conditions of approval contained in the staff report dated March 25, 1999, and to adopt the findings in that staff report as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. Prior to final approval, as recommended by the Engineering/Facilities Department according to KIBC 16.70, a drainage plan shall be submitted to Engineering/Facilities Department for approval addressing drainage in the area and any required improvements. 2. Prior to final approval, the existing driveway crossing the northeast corner of proposed Lot 813-1 will be closed and blocked, as indicated on the preliminary plat. FINDINGS OF FACT 1. With conditions, 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 HIMES. Regular session closed. Public hearing opened: Seeing and hearing none. Public hearing closed. Regular session opened: P & Z Minutes: April 21, 1999 Page 8 of 10 The question was called and the motion CARRIED by unanimous roll call vote. [F[ VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. VIII. COMMUNICATIONS COMMISSIONER HIMES MOVED TO ACKNOWLEDGE THE RECEIPT of Communication items A through B. The motion was SECONED by COMMISSIONER SCHEIDLER and CARRIED by unanimous voice vote. A) Letter dated March 19, 1999 to George Plummer from Eileen Probasco, Assistant Planner, regarding an illegal 3' dwelling unit on Lot 3, Block 2, Miller Point Alaska Subdivision, V Addition located at 449 Neva Way. B) Letter dated March 31, 1999 to Judith J. Lucas from Eileen Probasco, Assistant Planner, regarding a proposed "Winery" at mile 36.5, Chiniak Highway, Lots 1 & 2, U.S. Survey 4935. There were no further communications. X. REPORTS LINDA FREED reported on meeting schedule: • 4/28°i = Last Pasagshak/Narrow Cape Area Plan work session • 5/19°i = Public hearing for Pasagshak/Narrow Cape Area Plan • 6/23' = Joint community forum with ADOT regarding State Airport Planning COMMISSIONER SELIG MOVED TO ACCEPT the reports as submitted. The motion was SECONDED by COMMISSIONER HAMS and CARRIED by unanimous voice vote. There were no fuher reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS P & Z Minutes: April 21, 1999 Page 9 of 10 L Commissioners welcomed MARTY SHURAVLOFF to the Planning and Zoning Commission. XIIL ADJOURNMENT CHAIR TURNER adjourned the meeting at 8:43 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: uc Darlene Turner, ' lr ATTEST Department DATE APPROVED: June 16 1999. P & Z Minutes: April 21, 1999 Page 10 of 10