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2003-02-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY 19, 2003 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 WILLIAMS on February 19, 2003 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Barbara Williams — Chair Gary Carver Jerrol Friend Cheryl Boehland Jake Ketscher Dennis McMurry Reed Oswalt A quorum was established. Commissioners not present All were present. III. APPROVAL OF AGENDA Others Present Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. COMMISSIONER KETSCHER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KETSCHER MOVED TO APPROVE the minutes of January 15, 2003 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER FRIEND, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS P & Z Minutes: February 19, 2003 Page 1 of 15 Scott Williams: Spoke regarding the request by KISA for a lease expansion that was presented for public hearing at the January regular meeting. Stated his disappointment with the Commission's decision. VII. PUBLIC HEARINGS A) APPEAL 02-025. Request for reconsideration of an APPEAL of an administrative decision, per KIBC 17.90.020A, denying zoning compliance to construct an attached addition and arctic entry onto an existing mobile home located at Jackson's Mobile Home Park Space #68. STAFF reported that this appeal was originally brought before the Commission in October 2002. At that hearing, the case was denied by a split decision between the Commission members. Upon appeal to the Assembly, the Borough clerk recommended remanding the appeal back to the Commission, due to the wording of the motion. Twenty-three (23) public hearing notices were mailed out in October with one (1) being returned stating objection to the appeal. Staff recommended failure of the appropriate motion. COMMISSIONER KETSHER MOVED TO reverse the denial of zoning compliance for the construction of an attached addition and artic entry onto the existing mobile home located at Jackson's Mobile Home Park Space #68. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Oral arguments opened: Donald Lakings, Applicant: Spoke in favor of his request. (Chair extended Mr. Laking's speaking time by three (3) minutes.) Mr. Lakings read a letter from Mr. Mel Stevens. Dawn Black, Manager, Erdman Trailer Court: Spoke in support of Mr. Laking's appeal. Feels that trailer courts get a "bad rap" in Kodiak. Jim Jones, Manager, Jackson's Mobile Home Park: Spoke in support of Mr. Laking's appeal. Stated that Jackson's Mobile Home Park is supporting Mr. Laking's appeal. Hearing and seeing none. Oral arguments closed. Regular session opened: The question was called, and the motion FAILED by unanimous roll call vote P & Z Minutes: February 19, 2003 Page 2 of 15 COMMISSIONER BOEHLAND MOVED TO ADOPT the Findings of Fact for the failure of the above motion as contained in the staff memorandum dated February 12, 2003 as findings of fact for this case. FINDINGS OF FACT [1] A nonconforming, grandfathered, one hundred sixty (160) square foot covered porch has been voluntarily removed from the mobile home unit located in Jackson's Mobile Home Park Space No. 68. [2] K113C 17.36 040 Nonconforming Structures paragraph "B" limits the extent of activity undertaken to extend the life of nonconforming structures to "Ordinary repairs, including the repair or replacement of walls, doors, windows, roof, fixtures, wiring, and plumbing....". [3] Within KIBC 17.36 040, no allowance has been made for the repair, or replacement, of key structural components composed of foundations, support piers, sub -floor systems, or floors. [4] The voluntary removal of a nonconforming structure is synonymous with _ "destroyed" and per Kodiak Island Borough Code 17.36.040. D "....shall not be reconstructed....". [5] Kodiak Island Borough Code 17.26.005 — Definitions "B" states: "Mobile home Park" means a tract of land upon which ten (10) or more mobile home spaces are located, established or maintained for occupancy by mobile homes ". [6] The proposed construction is for the addition of 328 square feet of attached storage area, and 45 square feet of attached, enclosed entry area. The construction type is framed construction with permanent pier / footing foundation. [7] These structural additions in their finished state will be neither mobile nor accessory, and do not meet the definition of mobile home in Kodiak Island Borough Code 17.26. [8] Because these structures are not listed in Kodiak Island Borough Code 17.26 as permitted or conditional, denial is proper. The motion was by COMMISSIONER FRIEND. The question was called and the motion CARRIED by unanimous roll call vote. P & Z Minutes: February 19, 2003 Page 3 of 15 B) APPEAL 03-004. Request for an appeal of an administrative decision, per KIBC 16.30.040.13, to grant preliminary approval, subject to conditions, for the abbreviated subdivision request to replat Lot 7A-2, Block 1, Bells Flats Alaska Subdivision creating Lots 7A-2A and 7A-213, Block 1, Bells Flats Alaska Subdivision. STAFF indicated twenty (20) public hearing notices were distributed for this case with none (0) being returned. Staff recommended that the Commission affirm the administrative approval of an abbreviated plat, subject to reasonable conditions of approval, and adopt appropriate findings of fact in support of this decision. COMMISSIONER KETSCHER MOVED TO reverse the administrative decision to grant preliminary approval of the subdivision plat proposed in Case S02-021, that was reviewed under the abbreviated plat procedure of KIBC 16.30, and which proposes to subdivide Lot 7A-2, Block 1, Bells Flats Alaska Subdivision in order to create Lots 7A-2A and 7A-2B, Block 1, Bells Flats Alaska Subdivision. The motion was SECONDED by COMMISSIONER FRIEND. Regular session closed. Oral Argument opened: Bill Williams, Applicant: Spoke in support of his request and outlined the reasons for the appeal. Virginia Williams. Applicant: Spoke in support of the appeal. Hearing and seeing none. Oral arguments closed. Regular session opened: The question was called, and the motion FAILED five yays to two nays by roll call vote. Commissioner Ketscher and Commissioner Carver were the yays. COMMISSIONER KETSCHER MOVED to adopt findings, as contained in the staff memorandum dated February 12, 2003, as findings of fact in this case. FINDINGS OF FACT [1] Subject to appropriate and reasonable conditions of approval, the proposed subdivision in Case S02-021 meets the minimum standards of K113C Title 16 as required for preliminary plats. P & Z Minutes: February 19, 2003 Page 4 of 15 [2] The proposed subdivision design in Case S02-021, subject to the ability to provide onsite well and septic systems in accordance with ADEC regulations, meets the minimum requirements of KIBC Title 17. [3] KIBC Title 16 was significantly revised 1990 to reflect the elimination of the Borough Engineer position and the transfer of platting review coordination to the Community Development Department. Since that time, the subdivision review process has been administered in a manner that gives staff little latitude to make subjective judgments about the design of subdivision lots, provided that they meet the minimum requirements of KIBC Titles 16 and 17. [4] The provision of conditions of approval in Case S02-021 are adequate to ensure the compliance of the proposed subdivision with the minimum applicable provisions of KIBC Titles 16 and 17, which is all that is required to gain approval under the Borough plat review process. [5] There exists an adversarial relationship between the appellant that the subdivider that is not relevant to the subdivision review process. The interests of equitable owners are protected in the process by the requirement of a Certificate -to -Plat during the final plat review process. The final plat cannot be filed without the notarized signature of all persons or entities with an equitable ownership interest in the property. In this case, a Certificate -to -Plat has not been provided by either party. The motion was SECONDED by COMMISSIONER FRIEND. COMMISSIONER FRIEND MOVED TO AMEND the motion to strike Finding of Fact number 5. COMMISSIONER MCMURRY SECONDED the amendment. The question was called on the amendment and CARRIED by unanimous roll call vote. The question was called on the amended motion and CARRIED six yays to one nay by roll call vote. Commissioner Carver was the nay. C) Case 03-001. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Block 36, East Addition from RI -Single Family Residential to R2-Two Family Residential. (Rezone area expanded by P & Z Commission at 1/15/03 regular meeting) STAFF indicated one hundred twenty-one (121) public hearing notices were distributed for this case with three (3) being returned indicating no objection or in P & Z Minutes: February 19, 2003 Page 5 of 15 ` favor of the request and one opposing the request unless the lots across Ismailov [tr Street are included. Staff recommends approval of the request. COMMISSIONER FRIEND asked that he be excused from this case on the basis of a conflict of interest. He is a past board member for Small World, hie and may be held liable for past taxes. COMMISSIONER KETSCHER MOVED TO excuse Commissioner Friend from this case. The motion was SECONDED by COMMISSIONER CARVER. The motion CARRIED six yays to one nay by voice vote. Commissioner Williams was the nay. COMMISSIONER KETSCHER MOVED TO forward Case 03-001, the rezone of 13 lots comprising Block 36, East Addition from RI -Single- family Residential to R2-Two-family Residential, to the Kodiak Island Borough Assembly with a recommendation for approval, and to adopt the "Findings of Fact" in the staff report dated February 12, 2003, in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from Rl to R2 is needed and justified because the zoning district permits development that: A. Is in conformance with the medium density residential designation for this area indicated by the Year 2000 Land Use Plan contained in the 1968 Kodiak Island Borough Comprehensive Plan. B. Will not create a nonconforming land use in the rezone area. C. Will not create negative impacts resulting from 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 R1 to R2 is consistent with the objectives of the comprehensive plan, which designates this area as Medium Density Residential. In addition, the surrounding single-family zoned area should be investigated for P & Z Minutes: February 19, 2003 Page 6 of 15 rezoning to R-2 Two-family Residential. This would be consistent with the rcomprehensive plan designation and would provide a choice of single-family or t` two-family residential density to property owners in the area, subject to meeting the requirements of the district and applicable parking requirements. It would also permit the consideration of professional offices, schools, hospitals and beauty shops as permitted uses. COMMISSIONER OSWALT SECONDED the motion. Regular session closed. Public hearing opened: Bob Brodie, Agent for Applicant: Spoke in support of Small World's request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. 15 minute break D) Case S03-001. Request for a vacation and replat of lots 17, 17A, 18, 19A and 19B, Block 3, Leite Addition creating Lots 17A-1, 18A and 18B. STAFF indicated ninety-four (94) public hearing notices were mailed for this case with none being returned prior to the meeting. Staff recommended approval of this request, subject to two conditions of approval. COMMISSIONER MCMURRY MOVED TO Move to grant preliminary approval of the vacation of Lots 17, 17A, 18 and 19, subject to the conditions of approval contained in the staff report dated February 12, 2003, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat indicating the status of Lot 17A-1, that it is not intended for residential development and that it is intended to be held for public purpose by the City of Kodiak. 2. Prior to final plat approval, the City of Kodiak is required to apply for a rezone of Lot 17A-1 to make the PL-Public Use Land and RI -Single-family Residential zone conform to the new boundary configuration. P & Z Minutes: February 19, 2003 Page 7 of 15 FINDINGS OF FACT kt( 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 KETSCHER. Regular session closed. Public hearing opened: Dawn Black, Property Owner: Spoke in support of the request. 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 03-003. Request for Planning and Zoning review of a site plan amendment for Lots 6B-lA & 613-113, US Survey 2537A to allow the installation of a 40 foot Rohn communications tower topped with a 20 foot omni directional antennae on that site. STAFF indicated that eighty-four (84) public hearing notices were mailed out for this request with one returned indicating no objection. Staff reminded the Commission that there was an error in the advertisement. The location is within US Survey 2538A&B instead of US Survey 2537. Staff noted that the map sent with the public hearing notice was correct and there appeared to be little confusion from the error. Staff recommended approval of this request. COMMISSIONER BOEHLAND MOVED TO approve an amendment, allowing for the installation of a 40 foot Rohn communications tower topped with a 20 foot omni directional antennae on that site, to the original site plan review for a change of use, in accordance with KIB Code Section 17.33.020.I. (Permitted Uses), to permit remodeling of an existing structure into a local government building containing a police substation office, conference room and emergency center on Lot 6134A, US. Survey 2538A, including approval of required parking to be P & Z Minutes: February 19, 2003 Page 8 of 15 permitted, in accordance with KIB Code Section 17.57.050 (Off-street Parking), r on adjacent vacant Lot 6B-IB, U.S. Survey 2538A. kt FINDINGS OF FACTS The remodel of this structure to provide for the installation of a new communications tower and antennae supporting the police substation and emergency center in close proximity to existing local government offices on Borough Hill will enhance public safety and emergency response capability. The motion was SECONDED by COMMISSIONER FRIEND. Regular session closed. Public hearing opened: T.C. Kamai, Kodiak City Police Chief. Thanked the Commission for their review of this amendment. Spoke in support of this request and presented himself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. F) Case 03-005. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040 F (Conditional Use), to permit a non -recreational gravel extraction activity located within Sec 22 T31S R19W Seward Meridian (Narrow Cape Peninsula), supporting development on the Kodiak Rocket Launch Facility located within the AADC Interagency Land Management Assignment (ILMA) area. Staff noted that he and Commissioner Carver visited the proposed site. Staff recommended approval of this request subject to six conditions of approval. COMMISSIONER FRIEND 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 the NW '/4 of the NW %4 Section 22 T31S R19W Seward Meridian on the Narrow Cape Peninsula, subject to the six (6) conditions of approval contained in the staff report dated February 19`h, 2003, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. P & Z Minutes: February 19, 2003 Page 9 of 15 CONDITIONS OF APPROVAL 1. The proposed resource extraction 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. 2. Provide revised topographical maps of the extraction site; 1) as it currently exists and; 2) as it is proposed to be after extraction and reclamation. The revised maps should clearly indicate contour elevations with a minimum indicated interval of five (5) feet. 3. The site shall be re -contoured in conformity with a final grading/site plan to be reviewed and approved by the Building Official prior to the initiation of material extraction activities. 4. Provide a detailed re -vegetation 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 re - vegetation plan will be submitted to the Engineering and Facilities Director for review and approval prior to the issuance of zoning compliance. 5. Gravel extraction from the permitted site shall be limited to those amounts contracted for by the Kodiak Launch Complex during the current calendar year. 6. A grading permit must be obtained if the depth of excavation in any area of the proposed site exceeds five (5) feet in depth. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. There are no residential or commercial uses in the area that will be affected by the proposed activity. Allowing gravel extraction from the proposed site will enable the Kodiak Launch Complex Facility to more fully meet its' purpose of providing aerospace infrastructure meeting the needs of today's civilian and military mission requirements. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. P & Z Minutes: February 19, 2003 Page 10 of 15 L 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 proposed contours for the site. 17.67.05 C. That erantinz the conditional use permit will not be harmful to the public health, safety, convenience and comfort. 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. Segregating heavy construction equipment from the area's typical recreational user will minimize the potential for foreseeable consequences. 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. The contiguous land ownership by the State is well in excess of the 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. Kthe 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 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. P & Z Minutes: February 19, 2003 Page 11 of 15 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 KETSCHER. Regular session closed. Public hearing opened: Michael Anderson, Applicant: Spoke in support of his request and presented himself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER FRIEND MOVED TO AMEND the motion to reword Condition of Approval #5 to read: gravel extraction from this site will be for a five (5) year period. OSWALT SECONDED the amendment. The questions was called on the amendment and CARRIED, five yays to two nays by roll call vote. Commissioners Boehland and Ketscher were the two nays. The question was called, and the amended main motion CARRIED six yays to one nay by roll call vote. Commissioner Boehland was the nay. VIII. OLD BUSINESS A) Resolution 2003-02, Recommendation and Findings of Fact for the denial of case 03-002. A review of the existing ground lease, in accordance with KIBC 18.40.020, for a shooting range use located on Tract A — Rifle Range Survey, a portion of USS 2539, Lot 9, in order to allow change and expansion of the lease. (Adoption deferred from the 1/15/03 regular meeting). COMMISSIONER KETSCHER MOVED TO ADOPT Resolution #2003-02 (Revised) and to forward it to the Kodiak Island Borough Assembly. P & Z Minutes: February 19, 2003 Page 12 of 15 COMMISSIONER CARVER SECONDED the motion. The question was called and the motion CARRIED five yays to two nays by roll call vote. The two nays were Commissioners McMurry and Oswalt. IX. NEW BUSINESS A) Appointment of a Planning and Zoning Commissioner as a voting member of the Parks and Recreation Committee. COMMISSIONER OSWALT MOVED TO POSTPONE this item until the March 19, 2003 regular meeting. COMMISSIONER FRIEND SECONDED the motion. The question was called and CARRIED by unanimous roll call vote. X. COMMUNICATIONS A) Letter dated January 7, 2003 to Mr. Willie Heinrichs, Board of Realtors, from Clarence Selig regarding amendment of K113C Title 16 for Flag Lots Subdivision Designs. B) Letter dated January 22, 2003 to Mr. Miguel Imperio from Martin Lydick regarding Aleutian Homes Subdivision, Block 9, Lot 10. C) Letter dated January 22, 2003 to Mr. C.L. Lowenberg from Martin Lydick regarding courtesy notice and advisory. D) Letter dated January 23, 2003 to Mr. & Mrs. John Lucas regarding US Survey 4935, Lot 1 and 2. E) Letter dated January 31, 2003 to Mr. Dell Jackson from Martin Lydick regarding USS 3099 Lot 28. F) Letter dated February 4, 2003 to Erin Whipple from Judi Nielson regarding Planning and Zoning Commission Monthly Representative. G) Letter dated February 4, 2003 to Judi Nielson from Martin Lydick regarding review of Beverage Dispensary license renewal for: Road's End License #1711, Northland Ranch Resort License #1955, and The Rendezvous License #2639. H) Letter dated February 4, 2003 to Mr. Jim Purdy from Martin Lydick regarding Monashka Bay Block 4 Lot 22B / 1236 Sawmill Circle. I) Letter dated February 5, 2003 to Mrs. Nancy Kracke from Martin Lydick regarding Complaint of noise levels at Salome Creek Shooting Range dated 2/4/03. J) Letter dated February 7, 2003 to EMMI Properties, Inc. from Martin Lydick regarding Russell Est 1S1 Add Block 2 Lot 4 / 1210 Selief Lane. K) Letter dated February 10, 2003 to the Planning and Zoning Commissioners from Judi Nielson regarding Planning and Zoning Commission Case No. 02-028. P & Z Minutes: February 19, 2003 Page 13 of 15 There were no further communications. COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of item A through item K of Communications. The motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: ■ February 26, 2003 work session to discuss KIB appeals code revision. ■ March 12, 2003 work session at 7:30 p.m. in the KIB Conference room. ■ March 19, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONER'S COMMENTS COMMISSIONER FRIEND: Wanted to let everyone know there are oysters left from the oyster feed. They are available for purchase at Cy's. COMMISSIONER KETSCHER: Encouraged the public and the Borough Assembly representative to attend the February 26'h work session in which they will discuss appeals procedures. Stated that he thinks all of the Commissioners are patriotic. COMMISSIONER MCMURRY: Thinks a few things were accomplished that evening, even if he didn't agree with all of them. Would like more training on the different types of cases to aid in his decisions. COMMISSIONER OSWALT: Questioned staff, in regards to the Salonie Creek Range, about the procedure for developing Findings of Fact. COMMISSIONER CARVER: Thanked Commissioner Williams for the cookies she provided the Commission. P & Z Minutes: February 19, 2003 Page 14 of 15 L COMMISSIONER BOEHLAND: Stated that she feels unsettled about the response they are receiving from supporters of the Salonie Creek request, accusing the Commissioners of being unpatriotic. COMMISSIONER WILLIAMS: Thanked Staff, Steve and the Commissioners. Can tell that they are putting a lot of work into the cases. Personally hasn't had anyone make her feel unpatriotic over the Salonie Creek decision. Thinks perhaps the public doesn't always understand the procedure for some of their requests. IX. ADJOURNMENT CHAIR WILLIAMS ADJOURNED the regular meeting at 10:30p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: 4a (rra , %l,2j,0 gym, Barbara Williams, Chair ATTEST Erin Whipple, Secretary Community Development Department DATE APPROVED: March 19, 2003. P & Z Minutes: February 19, 2003 Page 15 of 15