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1999-05-19 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 19, 1999 MINUTES 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 May 19, 1999 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Bob Himes Roberta Scheidler Clarence Selig Walter Stewart Darlene Turner, Chair Commissioners Excused Donna Bell Marty Shuravloff A quorum was established. APPROVAL OF AGENDA Others Present Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Jennifer Smith, Secretary Community Development Dept. CHAIR TURNER asked if there were any changes or additions to the agenda. LINDA FREED requested case item #B be changed to last case item on the agenda since COMMISSIONER BELL would be attending the meeting at a later time, and would be needed for a quorum for a vote on Case S99-009. COMMISSIONER STEWART MOVED TO APPROVE the agenda with added request item. The motion was seconded by COMMISSIONER HIMES, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING Minutes of the previous meeting were not available. P & Z Minutes: May 19, 1999 Page 1 of 9 V, AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case S99-008. Request for preliminary approval of the vacation of Lot 3, Block 2, Miller Point Alaska Subdivision, I' Addition, and replating to Lot 3A and Lot 3B, Block 2, Miller Point Alaska Subdivision, I" Addition. 449 Neva Way. BOB SCHOLZE indicated sixty-one (61) public hearing notices were mailed for this case, and none were returned. Bob further reported that the applicant submitted a written request to postpone until August 18, 1999 regular meeting. Staff supported applicant's request. COMMISSIONER HIMES MOVED TO POSTPONE case until the August 18, 1999 regular meeting. The motion was Regular session closed. Public hearing opened: Seeing and hearing none. Public hearing closed. Regular session opened: by COMMISSIONER STEWART. The question was called and MOTION CARRIED by unanimous roll call vote. B) Case 99-004. Planning and Zoning Commission consideration of a rezone of Lots 15A, 15B, 15C, and 15D, U.S. Survey 3099, in accordance with Section 17.72.030.B (Manner of Initiation) of K.I.B. Code, from RI (Single Family Residential) I4 R2 (Two Family Residential). 2903, 2911, 2927, and 2933 Spruce Cape Road. LINDA FREED indicated twenty-three (23) public hearing notices were mailed for this case, and none were returned. Staff recommended that the Commission forward the rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. COMMISSIONER STEWART MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 15A, 15B, 15C and 15D, U.S. Survey 3099, from Rl-Single family residential I4 R2-Two family residential, and to adopt the findings of fact in the staff report dated May 3, 1999 in support of this recommendation. P & Z Minutes: May 19, 1999 Page 2 of 9 FINDINGS OF FACT 17.72,020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from RI -Single family residential 14 R2-Two family residential is needed and justified because the R2 zoning district permits development that: A. Is in conformance with the medium/high density residential designation for this area indicated by the Year 2000 Land Use Plan contained within the Kodiak Island Borough Comprehensive Plan; B. Will not create any nonconforming land uses in the rezone area; and C. Will not create negative impacts resulting from dramatically 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 Rl-Single family residential 14 the R2-Two family residential zoning district is consistent with the objectives of the Comprehensive Plan which designates this area as medium and high density residential. The motion was SECONDED by COMMISSIONER HIMES. Regular session closed. Public hearing opened: Seeing and hearing none. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote. C) Case 98-010. Review by the Planning and Zoning Commission of the public hearing draft of the Pasagshak/Narrow Cape Area Plan. Pasagshak and Narrow Cape (T30, 31 32S, portions R19, 20W S.M.). BOB SCHOLZE indicated seventy-nine (79) public hearing notices were mailed for this case which included all property owners and a mailing list that accumulated in addition to public service announcements and newspaper announcements. Bob further reported that based on the previous week's packet review work session, an addition of six (6) six pages of comments/revisions, and a land use designation map, had been added to the public hearing draft for the regular meeting. The combined additions and changes became the 4' draft. P & Z Minutes: May 19, 1999 Page 3 of 9 Revisions included: principles addressed pertaining to the plan area, language {[[ pertaining to multiple -occupancy housing and bed and breakfasts, no reference to land for future residential settlement on the land use map since it was being deleted as a stated residential goal. Staff recommends that the public hearing draft #4 of the Pasagshak/Narrow Cape Area Plan be forwarded to the Assembly for adoption and incorporation into the Kodiak Island Borough Comprehensive Plan. COMMISSIONER SCHEIDLER MOVED TO FORWARD the public hearing draft of the Pasagshak/Narrow Cape Area Plan to the Borough Assembly for adoption and incorporation into the Kodiak Island Borough Comprehensive Plan. The motion was SECONDED by COMMISSIONER HIMES. Regular session closed. Public hearing opened (Five minute speaking time limit): Mr. Mike Milligan: Mr. Mulligan expressed that human activity properly conducted would enhance the environment benefiting humans and wildlife. Mr. Mulligan further expressed concerns resulting from unrestricted ATV use. Mr. Milligan questioned if ATV's were accessing Lake Miam area via a ten foot pedestrian easement, and if not was there adequate ATV access to the Lake Miam area from the Pasagshak area. Mr. Milligan further expressed the opinion that the plan section addressing the Rocket Launch Facility should be removed from the plan and be addressed as a separate issue. Mr. Bill Burton: Mr. Burton concurred with Mr. Milligan's comments, and expressed concern that there should be a separate designated area for ATV usage and pedestrian usage. Mr. Burton would like area to stay pristine and objected to beach area designated as recreational. He would like assurance that grazing leases remain intact to beach area. Mr. Mike Anderson-Pasagshak area proper owner: Mr. Anderson read his letter addressed to the Commission (per attached) requesting the Commission consider his lot be referenced in the plan as a "grandfathered" gravel source by inserting the language in the second paragraph of page 30. Ms. Stacey Studebaker -survey responder: Commended the Commission and the Borough in the development of the plan. Ms. Studebaker expressed support for the development of ATV licensing, and urged stronger language be developed into plan prohibiting the usage of ATV's in plan area. Ms. Studebaker voiced objection to future industrial development and commercial development except for B&B's in which she felt were appropriate. She believed that "multi -guest P & Z Minutes: May 19, 1999 Page 4 of 9 occupancy housing" should only be permitted to private landowners. Mr. Studebaker urged the Commission to adopt the plan as written. Mr. John Pfeifer -Rocket Launch Site Manager: Mr. Pfeifer expressed gratitude for the development of the area plan. Mr Pfeifer asserted that rockets, recreation, and ranching can co -exist. Mr. Pfeifer agreed that language for multi -guest housing is fair for all parties. Mr. Pfeifer questioned utility/transportation/communication land use designation on map presented, and requested boundary extends the full AADC/IMLA area. Further discussion was held concerning the utility/transportation/communication area. Mr. Mike Sirofchuck: Mr. Sirofchuck echoed thanks to the Commission and staff for the development of the area plan, and strongly urged the Commission to adopt the plan as presented. Mr. Sirofchuck supported watershed protection, ATV licensing, and the creation/funding of ATV trail designation. Mr. Sirofchuck appreciated the addressing of land disposal, and discouraged any future commercial activity in area. In his opinion, "multi -guest" occupancy should be restricted to private land to reap economic benefits. COMMISSIONER BELL arrived at 8:10 p.m. LINDA FREED suggested Commission to briefly table current case and proceed with the case requiring COMMISSIONOR BELL'S vote for quorum, since she would have to leave again shortly. COMMISSIONER STEWART MOVED TO TABLE case 98-010, and proceed with case S99-009. The motion was SECONDED by COMMISSIONER SCHEIDLER. The question was called and the motion CARRIED by unanimous voice vote. D) Case S99-009. Request for preliminary approval of the creation of: Tract A, B, C, D and E, The Afognak Joint Venture Subdivision, Laura Lake Addition (T20, 21S, R18, 19W S.M.); Tract A, and B, The Afognak Joint Venture Subdivision, Waterfall Addition [T20, 21S, R20W S.M. and Sections 2, 11, 14, and 23 (partial)]; and The Afognak Joint Venture Subdivision, Izhut Bay Addition (T23S, R18W S.M. and partial subdivisions of Sections 23, 26, and 35, and T22S, R18W S.M.). P & Z Minutes: May 19, 1999 Page 5 of 9 COMMISSIONER SCHEIDLER voiced conflict of interest and requested to step down from the case. CHAIR TURNER agreed and directed COMMISSIONER SCHEIDLER to step down. COMMISSIONER SELIG voiced a potential conflict of interest in the current case and requested to step down. CHAIR TURNER agreed and directed COMMISSONER SELIG to step down. BOB SCHOLZE indicated eleven (11) public hearing notices were mailed for this case, and none were returned. Staff recommended approval of request. COMMISSIONER HIMES MOVED TO GRANT preliminary approval of the creation of Tract A, B, C, D and E, The Afognak Joint Venture Subdivision, Laura Lake Addition (T20, 21S, R18, 19W S.M.); Tract A, and B, The Afognak Joint Venture Subdivision, Waterfall Addition [T20, 21S, R20W S.M. and Sections 2, 11, 14, and 23 (partial)]; and The Afognak Joint Venture Subdivision, Izhut Bay Addition (T23S, R18W S.M. and partial subdivisions of Sections 23, 26, and 35, and T22S, R18W S.M.), and to adopt the findings in the staff report dated May 3, 1999 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 BELL. Regular session closed. Public hearing opened: Seeing and hearing none. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote. COMMISSIONER BELL was excused by CHAIR TURNER at 8:17 p.m. P & Z Minutes: May 19, 1999 Page 6 of 9 IN COMMMISSIONER SELIG MOTIONED TO RESUME with case 98-010. The motion was SECONDED by COMMISSIONER SCHEIDLER. The question was called and the motion CARRIED by unanimous voice vote. C) Continuation of Case 98-010. Public hearing resumed at 8:19 p.m. Seeing and hearing none. Public hearing closed. Regular session opened: COMMISSIONER SELIG questioned if it was proper to add Mr. Anderson's request at this time. LINDA FREED clarified that the Commission could add Mr. Anderson's request by means of an amended motion. COMMISSIONER SELIG MOVED TO AMEND THE MAIN MOTION to include the language on page 30 of 43, second paragraph as stated: "Prohibit removal of gravel from residential properties except what is necessary for reasonable lot development or what might otherwise be documented as a "grandfathered" historical use. Lot 1, Block 2, Pasagshak Subdivision, is one such location that qualifies for "grandfathered" gravel source designation." The AMENDED MOTION was by COMMISIONER HIMES. CHAIR TURNER commented that the intent of language in plan was to allow the continued usage of the gravel pit, and to be used for road/subdivision repairs only and that it is not to be used commercial use. Further discussion was held. The question was called and the AMENDED MOTION CARRIED by unanimous roll call vote. COMMISSIONER SCHEIDLER addressed and commented on Mr. Burton's, and Mr. Pfeifer's concerns. COMMISSIONER SCHEIDLER suggested cross- hatching of orange area of the land use area map to represent whole area of AADC/IMLA's boundary. BOB SCHOLZE indicated that cross -hatching on land use map could be accommodated. P & Z Minutes: May 19, 1999 Page 7 of 9 The question was called and the MAIN MOTION CARRIED by unanimous voice vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. VIII. COMMUNICATIONS There were no communications. X. REPORTS LINDA FREED reported on the following: 1) SuperDARN video available for viewing from Channel 11 that aired special statewide, 2) Assembly meeting on May 20" which will address the Board of Adjustment for case on Raspberry Island, 3) May 26"' and June 2id work sessions canceled, 4) June 23' State Airport Master Plan work session, 5) Assembly/P&Z Commission joint work session to prepare/review project priority list for staff, 6) June 9th=Packet review, 7) June 16"--Regular meeting. COMMISSIONER HIMES MOVED TO ACCEPT the reports as submitted. The motion was SECONDED by COMMISSIONER SCHEIDLER, and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. P & Z Minutes: May 19, 1999 Page 8 of 9 XII. COMMISSIONERS' COMMENTS COMMISSIONER SCHEIDLER and COMMISSIONER HIMES noted both would be out of town on June 9', and would not be able to attend the packet review work session. XIIL ADJOURNMENT CHAIR TURNER adjourned the meeting at 8:44 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: L� Darlene Turner, Cl ATTEST Development Department DATE APPROVED: June 16, 1999. P & Z Minutes: May 19, 1999 Page 9 of 9