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2002-06-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING JUNE 19, 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 June 19, 2002 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Robert Lindsey Cheryl Boehland Barbara Williams Clarence Selig -Chair Reed Oswalt A quorum was established. Commissioners not present Jake Ketscher - Excused One Vacant Seat III. APPROVAL OF AGENDA Others Present Robert Scholze, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. COMMISSIONER LINDSEY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WILLIAMS, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of May 15, 2002 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. COMMISSIONER OSWALT MOVED TO APPROVE the amendment to the minutes of March 20, 2002 Planning and Zoning Commission regular meeting. The motion was SECONDED by COMMISSIONER LINDSEY and CARRIED by unanimous voice vote. P & Z Minutes: June 19, 2002 Page 1 of 13 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Linda Freed, City Manager encouraged the Commission to adopt a motion to initiate the investigation of naming the alley located in Block 54, East Addition Subdivision Lechner Way, as requested under new business item A. WA6104IJ , McGill) DlIMIRCOM A) Case 02-007. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040.17 (Conditional use), to permit a non -recreational gravel extraction activity located within T27S, R20W, Section 24, Seward Meridian on Monashka Bay Road, otherwise known as the "Vista View Borrow Area." STAFF indicated six (6) public hearing notices were distributed for this case. Staff believed that request meets all the conditions necessary, as reflected in the findings of fact, for a conditional use permit to be granted under Chapter 17.67 (Conditional use permits) of the Borough Code. Staff recommended approval subject to six (6) conditions of approval. COMMISSIONER OSWALT MOVED TO grant a request for a conditional use permit in accordance with KIB Code Section 17.13.040.17, to permit a non - recreational gravel extraction activity located within T27S, R20W, Section 24, Seward Meridian on Monashka Bay Road, otherwise known as the "Vista View Borrow Area." subject to the conditions of approval contained in the supplemental staff report dated June 12, 2002; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The proposed extraction of the Vista View Borrow Site is to be undertaken in conformity with the narrative and graphic materials submitted for this request, subject to other applicable Borough or state laws or regulations, and in conformity with conditions of approval adopted by the KIB Planning and Zoning Commission. The extraction and reclamation plan is modified by the fact that the project has been delayed one year from the original project plan so that the mining activity will take place from June 2003 to October 2003 and reclamation will occur in October 2003 or June 2004. This change of dates will modify the applicant's submittal throughout, as appropriate. 2. Upon completion of the project, after extraction and reclamation, provide a topographical map. The maps should clearly indicate contour elevations with a minimum indicated interval of five (5) feet. P & Z Minutes: June 19, 2002 Page 2 of 13 3. The lowest finished elevation allowed upon completion of extraction and reclamation is restricted to be generally consistent with the elevation of the adjoining Monashka Bay Road right-of-way. Final slopes and cut and fill areas shall be stabilized and revegetated. Site restoration shall include grading and seeding. Slopes on disturbed areas shall not exceed 3H to 1V. Slopes shall be graded to drain. No ponding will be allowed. 4. Provide a detailed revegetation plan that indicates specifically the type and quantity of soil coverage and species of plant material to be re-established on the site by seeding as generally indicated in the reclamation plan. The revegetation plan will be submitted to the Engineering and Facilities Director for review and approval prior to the issuance of zoning compliance. 5. Provide a site plan that shows the proposed location of ingress and egress points to the extraction site. Obtain approval from the Alaska Department of Transportation and Public Facilities, if needed, for any traffic control signage or dust control measures that will be undertaken within the adjoining State of Alaska controlled right-of-way. 6. The site shall be re -contoured in conformity with a final grading/site plan to be reviewed and approved by the City Engineer prior to the completion of material extraction activities. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The site has historically been used to provide material for other construction projects in the area. In the past, minimal site review was undertaken because the site was in public ownership and the projects were of a public nature. Current understanding of the applicable zoning codes indicates that zoning requirements requiring review and approval of a conditional use permit apply to public projects in the same manner that would be applied to a private sector project or activity. The site has been disturbed by other extraction activities in the past. Prior reclamation appears to have been limited to re -contouring the site. A number of years passed before natural vegetation was able to substantially reclaim the site after the last extraction activity. It appears to be the intent of the applicant in this case to more properly reclaim the site, based on general references contained in the narrative reclamation plan. Staff recommends that a more detailed reclamation plan be required as a condition of approval to ensure that the site is properly reclaimed. Emphasis should be P & Z Minutes: June 19, 2002 Page 3 of 13 placed on minimizing runoff and/or erosion of the site so that vegetation can reclaim the site in a reasonable time frame. Given what little topsoil was left on the site after the last extraction, this may require the importation of additional soil to provide for reasonable reclamation. In addition, special care should be given to the type of vegetative materials used to reclaim the site to ensure that reclamation occurs in a reasonable time frame and that suitable vegetative materials are used to stabilize the site until naturally occurring vegetation can be re-established on the site. There are no residential or commercial uses in the area that will be affected by the proposed activity. There may be some disruption to vehicle traffic in the area during the time of activity. Given that the site is located on a curve, at the top of hill, special care should be taken to ensure the safety of the public is a priority. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. It appears from the materials submitted by the applicant that the conditional use will fulfill all other requirements of the C-Conservation zoning district. A more detailed site plan is recommended, as a condition of approval, to show existing and proposedcontoursfor the site. In addition, the site plan should show planned access points, at a minimum. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. There is not a lot of public traffic in the area, however the extraction activity will be taking place primarily during the summer months when traffic to recreation areas on the Monashka Bay area is at its peak. A condition of approval is recommended to address access and traffic issues, and to ensure the access plan is coordinated with ADOT/PF. Traffic generated to and from the site will be traveling a significant stretch of the Monashka Bay Road to get to and from the project site at Monashka Creek Dam. It may be appropriate to apply some kind of dust control to increase visibility and safety on the road and to enhance the public's convenience and comfort during the extraction period. The site is to be re -contoured in conformity with applicable Borough grading requirements. This will ensure that no unsafe or impractical slopes are left remaining on the site, which may endanger the public health and safety. In addition, it is presumed that the site will be excavated to a maximum depth roughly equally to that of the adjoining right-of-way. A condition of approval is recommended to ensure that no pit is created as a result of this extraction or other topographical feature that is likely to capture drainage on the site. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. P & Z Minutes: June 19, 2002 Page 4 of 13 The contiguous land ownership by the Borough is well in excess of minimum 5 acres required in the C-Conservation zoning district. It does not appear that there are any setback issues related to this request. There are no provisions for buffer areas proposed in this request, however the emphasis placed on the reclamation plan, as contained in the application submittal and in conditions of approval, should ensure that the conditions in subsections A through C are met. 17.67.05 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner, which will maximize public benefits. The Vista View Borrow Site was identified for this project because the material is minimally suitable, from an engineering perspective, for the Monashka Creek Dam project. In addition, the location of the site minimizes the need to import the material from a site farther from the project, which would increase the impact of traffic generation on the community, as well as increasing the cost of the project that the community will eventually have to bear. 17.13.090 Special district regulations. The Special District Regulations of the C-Conservation zoning district will be met by the proposed resource extraction activity, subject to the information contained in the application submittal and applicable conditions of approval required by the Commission. The Special District Regulations are derived from the Kodiak Island Borough Coastal Management Program (KIBCMP). If the applicable provisions of the KIBCMP are met, it is presumed that the special district regulations are also met. The motion was SECONDED by COMMISSIONER WILLIAMS. Regular session closed. Public hearing opened: Linda Freed, City Manager: Presented herself for questions. Stated all site work at quarry site has been completed and the topographical requirements for extraction can be met. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. B) Case 02-010. Request for a rezone, in accordance with KIB Code Section 17.72.030.C. (Manner of initiation), of properties bordered by Panamaroff Creek P & Z Minutes: June 19, 2002 Page 5 of 13 Drive, South Russian Creek Road, and Cottonwood Circle in Bells flats from B- Business to RNC-Rural Neighborhood Commercial. STAFF indicated sixty-five (65) public hearing notices were distributed for this case with three (3) being returned as well as two phone calls. Most responses were looking for more information, with one outright objection. Staff recommended the Commission postpone this case until the September 18, 2002 regular meeting so that more input can be received. COMMISSIONER OSWALT MOVED TO postpone action on case 02-010 until the September 18, 2002 Planning & Zoning Commission regular meeting. The motion was SECONDED by COMMISSIONER LINDSEY. 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. C) Case S02-006. Request for preliminary approval of the subdivision of Lot 3-B, Block 1, Kadiak Alaska Subdivision First Addition creating Lot 3-Bl, Block 1, Kadiak Alaska Subdivision First Addition, and dedicating a fifty (50) foot wide road right-of-way to be named Roma Way. STAFF indicated forty-six (46) public hearing notices were distributed for this case with one (1) being returned expressing general opposition to high density development in this area. This case had been postponed from the May meeting at the request of the Department of Transportation. Staff recommended this case be postponed until the July 17, 2002 regular meeting so that written comments can be received from DOT. COMMISSIONER WILLIAMS MOVED TO postpone case S02-006 until July 17, 2002 public hearing. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Hearing and seeing none. P & Z Minutes: June 19, 2002 Page 6 of 13 Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 02-014. Request for a rezone, in accordance with KIB Code section 17.72.030.0 (Manner of Initiation), of proposed Lots 3E & 3F, Alagnak Acres Subdivision from R2-Two family residential to R3-Multi family residential. STAFF indicated thirty-nine (39) public hearing notices were mailed for this case, with one being returned expressing no objection. At the packet review the applicant decided to request postponement of action on this case to expand the rezone area to the entire lot 3, Alagnak Acres subdivision. Therefore, Staff recommended postponement of this case until the July 17, 2002 meeting. COMMISSIONER BOEHLAND MOVED TO postpone action on case 02-014 until the July 17, 2002 Planning and Zoning Commission regular meeting. The motion was SECONDED by COMMISSIONER LINDSEY. Regular session closed. Public hearing opened: Kathleen Ballinger, resident: Wished to know what development is planned for this area. Expressed concern over multi -family development on the proposed lots. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. E) Case S02-009. Request for preliminary approval, in accordance with KIB Code Section 16.60.040, of the vacation of Lots 2, 3 and 4, U.S. Survey 3466, creating Lots 1-4, Lake Shore Estates and preliminary approval, in accordance with KIB Code Section 16.60.040, of the vacation of the access easement located on Lot 2, U.S. Survey 3466. STAFF indicated that twelve (12) public hearing notices were sent out for this case with none being returned. COMMISSIONER BOEHLAND MOVED TO postpone action on Case S02-009 until the July 17, 2002 Planning & Zoning Commission regular meeting. P & Z Minutes: June 19, 2002 Page 7 of 13 I LI The motion was Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: by COMMISSIONER WILLIAMS. The question was called, and the motion CARRIED by unanimous roll call vote. F) Case 02-017. Request for a variance from KIBC 17.26.100.1), in accordance with KIBC 17.66.010, to permit a mobile home, located on Space 14, Lot 13, U.S. Survey 3098 (Warner Mobile Home Park), to encroach nineteen (19) feet into the twenty-five (25) setback from a public street. STAFF indicated seventy-six (76) public hearing notices were distributed for this request with one (1) being returned stating no objection. Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. COMMISSIONER WILLIAMS MOVED TO grant a variance from KIBC 17.26.100.1), in accordance with KIBC 17.66.010, to permit a mobile home, located in Space 14, Lot 13, U.S. Survey 3098 (Warner Mobile Home Park), to encroach nineteen (19) feet into the twenty-five (25) foot setback from a public street (Mill Bay Road); subject to the condition of approval contained in the staff report dated June 12, 2002; and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL This variance is valid for a _ year period and only under current ownership. The double wide mobile home must be removed from Lot 13, U.S. 3098 by June 30, _ , or at time of transfer of ownership from the de Santiago family, whichever comes fast, unless all applicable separation and setback requirements of Chapter 17.26 can otherwise be met. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. P & Z Minutes: June 19, 2002 Page 8 of 13 There are no physical circumstances applicable to the property which do not apply to other mobile home parks. The need for a variance arises from a park plan design that predated the standards on Chapter 17.26 and was premised on generally smaller and narrower mobile homes. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the minimum setback requirement from the public road (Mill Bay Road) would not allow even a contemporary, standard -size fourteen (14) foot wide mobile to be placed in Space 14, denying the business property owner revenue from this space as originally intended. A family which has spent a considerable amount of its collective resources to purchase and move the mobile home for basic shelter based on a misunderstanding caused by language differences would suffer an overwhelming hardship and financial loss if not allowed to occupy it at least for a limited period of time. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to encroach the twenty-five foot setback from property line would not result in material damages or prejudice other properties in the vicinity. If the mobile home is moved back the allowable five (5) feet, the forty (40) foot setback required from centerline of Mill Bay Road (KIBC Chapter 17.42) will be exceeded by approximately ten (10) feet. The mobile home in Space 14 will be a little further back from the road than the mobile home in Space 1 and approximately ten (10) feet farther back from the road than the commercial structure on adjacent Lot 14A-3A. Public health and safety will not be compromised since the minimum separation between mobile homes of fifteen (15) feet required by KIBC 17.26.100.B and the ten (10) feet minimum separation guideline for manufactured homes adopted in 1997 by the National Fire Prevention Association, Inc. (NFPA 501A, 4-2,1.1) will still be met. The mobile home is subject to inspection by the Building Department prior to occupancy with a focus on public health, safety and welfare. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan does not address site -specific standards such as minimum separation distances in mobile home parks. The 1991 Lakeside Subdivision/Subdivision Subarea Plan depicts this area as General Business. Mobile home parks are permitted as a conditional use in the B-Business zoning district. P & Z Minutes: June 19, 2002 Page 9 of 13 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The mobile home owner's action in placing it on the property was done after permits had been obtained and based on a misunderstanding due to language differences of on -site instructions prior to placement. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the B- business zoning district. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Alayne Larsen, resident: Spoke in favor of granting the variance for as long as possible. Stated testified that not granting this variance would cause a significant hardship on the deSantiago family. Sister Barbara Harrington, resident: Spoke in favor of granting the variance. Everado deSantiago, trailer owner: Presented himself to answer any questions the Commission might have. Asked for the variance to be granted for as long as possible. Commissioner Lindsey questioned whether Mr. Warner, the trailer park owner, told him it was okay to place the trailer there. Mr. DeSantiago's reply was yes, he was told he could place it there if he obtained the permits from the borough, which he did. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER LMSEY questioned staff about including fencing and play area requirements as conditions of approval for this request since the variance is actually for the park owner. Bob Scholze, associate planner, informed the Commission that those conditions could be included with the approval. He also pointed out that the park owner was already on notice for those violations. COMMISSIONER WILLIAMS MOVED TO AMEND THE MAIN MOTION to change the wording of the condition of approval to read: P & Z Minutes: June 19, 2002 Page 10 of 13 This variance is valid for a ten (10) year period and only under current ownership. The double wide mobile home must be removed from Lot 13, U.S. 3098 by June 30, 2012, or at time of transfer of ownership from the de Santiago family, whichever comes first, unless all applicable separation and setback requirements of Chapter 17.26 can otherwise be met. The amendment was seconded by COMISSIONER OSWALT. The question was called, and the amendment CARRIED by unanimous roll call vote, with COMMISSIONER LINDSEY abstaining from the vote. The question was called and the amended main motion CARRIED by unanimous roll call vote, with COMMISSIONER LINDSEY abstaining from the vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Request for a street name change, in accordance with KIB Code Section 12.10.030.A, to change the name of an unnamed alley right-of-way serving Block 54, East Addition to Lechner Way. Staff recommends that the Commission initiate an investigation of the requested street name change on behalf of the City of Kodiak, as requested in City of Kodiak Resolution Number 02-12 COMMISSIONER BOEHALND MOVED to investigate a proposed street name change to designate the unnamed alley serving Block 54, East Addition, as Lechner Way. The motion was SECONDED by COMMISSIONER WILLIAMS. The question was called and the motion CARRIED by unanimous roll call vote. IX. COMMUNICATIONS A) Letter dated May 16, 2002 from Martin Lydick to Mr. Edwin Christman regarding letter of courtesy and advisory. B) Letter dated May 20, 2002 from Martin Lydick to Ms. Mary Brown regarding letter of courtesy and advisory. C) Letter dated May 23, 2002 from Martin Lydick to Mr. & Mrs. Schneider regarding USS 3100 Lots 10A, 10C, & 10D. P & Z Minutes: June 19, 2002 Page 11 of 13 D) Letter with attachments from Duane Dvorak to Paul Horwath, DEC, regarding application for operation of a contaminated soil remediation facility at the Brechan Industrial Site. E) Letter dated May 20, 2002 from Jim & Nancy Wells to Pat Carlson regarding proposed soil remediation project in Bell's Flats. F) Letter and attachments dated May 24, 2002 from Duane Dvorak to Jim and Nancy Wells regarding explanation of similar use determinations pursuant to KIBC 17.03.090.A. G) Memo dated May 30, 2002 from Erin Whipple to KIB Planning & Zoning Commission regarding audio conference opportunity. H) Letter dated June 4, 2002 from Martin Lydick to Lenhart Grothe regarding thank you for cooperation. There were no further communications. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE RECEIPT of item A through item H of Communications. The motion was SECONDED by COMMISSIONER WILLIAMS, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: ■ July 10, 2002 work session at 7:30 p.m. in the KIB Conference room. ■ July 17, 2002 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER SELIG MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER WILLIAMS, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. XIL COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Commented that, in light of everything that had been happening with the salmon talks, she was glad to see the variance (Case 02-017) approved so a family can continue improving their way of life. COMMISSIONER WILLIAMS: Agreed with Commissioner Boehland and wanted to tell Steve she's glad he's back behind the camera. Thanked everyone for participating in P & Z Minutes: June 19, 2002 Page 12 of 13 the meeting and invited the public to the joint Assembly/Planning & Zoning work session. COMMISSIONER OSWALT: Hopes for big attendance at the joint work session. Would like to hear from a lot of the public. COMMISSIONER LINDSEY: Felt it was unfortunate he had missed the work session (in regards to Case 02-017). COMMISSIONER SELIG: Looking forward the joint work session. Thanked Commissioner Williams for chairing the June work session. XIII. ADJOURNMENT COMMISSIONER SELIG ADJOURNED the regular meeting at 8:36pm. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION i By: ag��- C ClarenceSeligC1 air ATTEST LE Erin Whipple, Secretary Community Development Department DATE APPROVED: July 17, 2002. P & Z Minutes: June 19, 2002 Page 13 of 13