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2005-05-18 Regular Meeting KODIAK ISLAND BOROUGH ~ ~ (G ~ ~ W ~ PLANNING AND ZONING COMMISSION /UJU REGULAR MEETING MAY 18, 2005 DC: '.' MINUTES . , L BOROUGH CLERK'S OFFICE 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 May 18, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Mary Myers Ogle, Director Community Development Dept. Martin Lydick, Associate Planner Community Development Dept. Sheila Smith, Secretary Community Development Dept. Jerrol Friend Brent Watkins Gary Carver Casey J anz David King Dennis McMurry Reed Oswalt A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KING MOVED TO APPROVE the minutes of April 20, 2005 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED by unanimous voice vote. COMMISSIONER OSWALT MOVED TO APPROVE the minutes of April 27, 2005 continued from April 20, 2005 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER JANZ, and was CARRIED by unanimous voice vote. P & Z Minutes: May 18, 2005 Page 1 of9 COMMISSIONER CARVER MOVED TO APPROVE the minutes of April 27, 2005 Planning and Zoning special meeting as submitted. The motion was SECONDED by COMMISSIONER MCMURRY, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Dave Heuman spoke regarding the Worn ens Bay Comprehensive Plan. VI. PUBLIC HEARINGS A) Case S05-006. Request for preliminary approval, in accordance with KIBC 16.40, of the Replat of Alagnak Acres Subdivision Lot(s) 4 and 5 creating Alagnak Acres Subdivision Lot SA STAFF reported fifty-eight (58) public hearing notices were distributed for this case with one (1) written public response returned. Staff recommended that this plat be returned to the subdivider for redesign and inclusion of a drainage plan and traffic plan with the submittal. COMMISSIONER MCMURRY MOVED TO RETURN the preliminary plat to the subdivider for redesign to meet the standards for a preliminary plat submittal and to require the co-submittal of a drainage plan and traffic plan to accompany the revised preliminary plat, and research alternate access between Safeway and Walmart, and to be rescheduled on the next available agenda for a new public hearing after the complete submittal is received by the Community Development Department. COMMISSIONER OSWALT SECONDED the motion, and it FAILED unanimously. Regular session closed: Public session opened: Brad Rinckey spoke on behalf ofWalMart and stated they will work with the City of Kodiak, the Borough, and any concerned citizens to finalize this drainage plan and receive approval. Public session closed: Regular session opened: COMMISSIONER CARVER MOVED TO GRANT preliminary approval of the re-subdivision of Lots 4 and 5, Alagnak Acres Subdivision, subject to the conditions of approval contained in the staff report dated May 10, 2005, and to adopt the finding contained in the staff report as "Findings of Fact" for this case. P & Z Minutes: May 18, 2005 Page 2 of9 CONDITIONS OF APPROVAL 1. Redesign the preliminary plat to meet the requirements for preliminary plat sheet size and scale. 2. Redesign the preliminary plat to show all known improvements on the site. 3. Eliminate the five (5) foot drainage easement proposed for vacation. 4. Show the 24 foot access easement that provides access to adjoining Lot 6. 5. Submit an engineered drainage plan for Lot SA for review and approval by the KIB Engineering and Facilities Director. 6. Submit a Traffic Impact Analysis for review the KIB Engineering and Facilities Director and develop a plan for access between Safeway and WalMart. FINDINGS OF FACT 1. Subject to conditions, this plat can meet 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. Subject to conditions, this plat can provide a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED by COMMISSIONER WATKINS, and was CARRIED by unanimous voice vote. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER WATKINS MOTIONED TO AMEND Condition of Approval #6 to include develop a plan for access between Safeway and WalMart. COMMISSIONER JANZ SECONDED the motion, and was CARRIED by unanimous voice vote. B) Case 05-007 . Request for a ten (10) foot height Variance, in accordance with KIBC 17.66.020, for the construction of an accessory structure thirty five (35) feet in height. STAFF indicated eighty-seven (87) public hearing notices were distributed for this case with one (1) written response being returned. Staff recommends P & Z Minutes: May 18, 2005 Page 3 of9 postponement of this request pending receipt of council's opinion related to legal Issues. COMMISSIONER JANZ MOVED TO POSTPONE Case 05-007 until the June 2005 regular meeting. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: Curt Law from Aksala spoke in support of the request. Jon Pfeifer phoned in to speak in favor of the Variance. Lena Lawhead is opposed to the tower. Mike Dolph spoke on his own behalf. Peggy Tuttle spoke against the Variance unless he puts a fence around it. Dan Farmer stated he in is support of the request if there are child safeguards installed. Joe Stevens from Aksala spoke in favor of the tower. Tiffany VanSicklen supports the structure as long as there is a fence around it. Public hearing closed: Regular session opened: The question was called, and FAILED by unanimous voice vote. COMMISSIONER KING MOVED TO GRANT a ten (10) foot height variance in accordance with KIBC 17.66.020 for the construction of an antenna tower thirty-five (35) feet in height in Woodland Estates Subdivision, Block 2, Lot 11, subject to the following conditions of approval. CONDITIONS OF APPROVAL 1. Anti-climb mechanisms and child safeguards be installed on or around the tower. Close regular session: Open public hearing: Seeing and hearing none. Close public hearing: Open regular session: The question was called, and the motion CARRIED by a unanimous voice vote. P & Z Minutes: May 18, 2005 Page 4 of9 C) Case S05-005. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Woodland Estates, Block 1, Lot 1 creating Woodland Estates, Block 4, Lots lA through 11. STAFF indicated ninety-eight (98) public hearing notices were distributed for this case with five (5) written responses being returned. Staff recommends granting preliminary approval of this request subj ect to nine (9) conditions of approval. COMMISSIONER WATKINS MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the subdivision of Woodland Estates, Block 4 Lot 1 creating Woodland Estates Block 4 Lots lA through II., subject to the conditions of approval contained in the staff report dated March 31, 2005, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. COMMISSIONER JANZ. SECONDED the motion. Regular session closed. Public hearing opened: Craig Johnson spoke on behalf of the Kodiak Community Church. Peggy Tuttle is opposed to the subdivision. Tiffany VanSicklen spoke against subdividing the area. Lonnie White is in favor of this request. Janet Krug is not opposed to subdividing, but the traffic is a problem. Carla Harsh is against the request. Allen Ryden/Pastor of Kodiak Community Church spoke on behalf of the church. Lena Lawhead spoke against the request. Public hearing closed. Regular session opened: COMMISSIONER WATKINS MOVED TO AMEND the motion to include the Kodiak Island Borough has one (1) year and first right of refusal to buy Lots IB and IE for park land or greenbelt. COMMISSIONER JANZ SECONDED the motion, and it FAILED by unanimous voice vote. COMMISSIONER WATKINS MOVED TO AMEND the motion to include as Condition 10 to give the Kodiak Island Borough a one (1) year option to purchase Lots IB and IE or trade property for Lots IB and IE. COMMISSIONER MCMURRY SECONDED the motion, and it CARRIED unanimous voice vote. CONDITIONS OF APPROVAL 1. Submit engineered plans for required water and sewer improvements to the City of Kodiak Public for review and approval. P & Z Minutes: May 18, 2005 Page 5 of9 2. Submit a plan for fire hydrant spacing to the City of Kodiak, Fire Marshal for review and approval. 3. Create the utility easements requested in the KEA memorandum dated March 29,2005 on the final plat. 4. Include a note on the final plat indicating that natural drainage ways shall not be blocked or impeded. 5. An engineered drainage plan for the subdivision must be submitted to the Kodiak Island Borough Engineering and Facilities Department for review and approval. 6. Place a note on the final plat stating: In the course of developing individual lots in this subdivision, naturally occurring pond areas, so indicated on this plat, shall not be filled or excavated. 7. In regard to fulfilling Condition 6 above, obtain a jurisdictional wetland determination from the U.S. Army Corps of Engineers to delineate wetlands to which the property is subject and show a gross lot area and net lot area for each lot such that the net lot area is the developable area outside of delineated wetlands. 8. Show the 5-foot utility easement and the temporary cul-de-sac easement as indicated on Plat 2003-6. 9. Lots must have 7,200 square feet of lot area less flag stem drives and wetlands. 10. Kodiak Island Borough has a one (1) year option to purchase Lots IB and IE or trade property for Lots IB and IE. 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 question was called, and CARRIED by unanimous voice vote. D) Request for consideration of Public Review Draft of proposed revisions to KIBC 17.26, the Mobile Home Park Code, and recommendation to the KIB Assembly. Staff recommends that the Commission take verbal and written testimony on this proposed code revision and forward a recommendation to the Assembly regarding the proposed code changes. P & Z Minutes: May 18, 2005 Page 6 of9 COMMISSIONER CARVER MOVED TO FORWARD the Public Review Draft of proposed revisions to KIBC 17.26, the Mobile Home Park Code to the Kodiak Island Borough Assembly with a recommendation that they be adopted as an ordinance amendment. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: Dawn Black spoke regarding the code revisions and submitted written notes. Kevin Arndt requested postponement for comment. Public hearing closed: Regular session opened: The question was called, and the motion FAILED by unanimous voice vote. It was the general consensus of the Committee that the Public Review Draft of proposed revisions of the Mobile Home Park Code be re-advertised including public comments are to be submitted by June 27, 2005, and a Mobile Home Park Code Revision work session on July 6,2005. VII. OLD BUSINESS Mary Ogle, Director of Community Development reported that she has been in contact with the consultants for the Womens Bay Comprehensive Plan and it is anticipated that a finalized draft will be available by the end of July. VIII. NEW BUSINESS There was no new business. VIII. COMMUNICATIONS COMMISSIONER WATKINS MOVED TO ACKNOWLEDGE RECEIPT of item A of Communications. The motion was SECONDED by COMMISSIONER MCMURRY, and CARRIED by unanimous voice vote. x. REPORTS STAFF reported the following meeting schedule: . June 8, 2005 Packet review work session at 7:30 p.m. in the Borough conference room. . June 15,2005 Regular meeting at 7:30 p.m. in the Assembly Chambers. P & Z Minutes: May 18, 2005 Page 7 of9 There were no further reports. COMMISSIONER MCMURRY MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER OSWALT would like to see the Planning & Zoning Commission move to adopt AS2935141 Regulation for radio antennas as part of our code. COMMISSIONER MCMURRY feels we need more recreation or park areas III subdivisions. COMMISSIONER OSWALT feels the Commission and the Assembly should get together and look to see what kind of plan they could come up with together. COMMISSIONER MCMURRY stated that the order of commissioners on a voice vote should be staggered so that the deciding vote doesn't fall on the same commissioner every time. COMMISSIONER JANZ feels the Commission needs to look into the planning of subdivisions. She also welcomed Mary Myers Ogle to the Community Development Department. She will be out of town June 8 through July 20,2005. COMMISSIONER KING welcomed Mary Myers Ogle to Community Development. COMMISSIONER FRIEND thanked the staff for all their hard work. COMMISSIONER CARVER welcomed Mary Ogle and Sheila Smith to Community Development. He also commented on the processes of subdivisions and how they are represented. COMMISSIONER WATKINS agrees with Dawn Black and feels we should all be looking into the fact that kids are playing in parking lots because they don't have anywhere else to play. XIII. ADJOURNMENT P & Z Minutes: May 18, 2005 Page 8 of9 CHAIR FRIEND ADJOURNED the regular meeting at 10.30 p.m. KODIAK ISLAND BOROUGH PLANNING AND Z COMMISSION By: ATTEST By: O1f>'A Qn. \~~~ Sheila Smith, Secretary Community Development Department DATE APPROVED: July 20,2005. P & Z Minutes: May 18, 2005 Page 9of9