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2005-06-29 Special Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION SPECIAL MEETING JUNE 29, 2005 MINUTES ~ ~ O~T :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 June 29, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend - Chair David King Reed Oswalt Gary Carver Dennis McMurry Brent Watkins Excused Others Present Casey Janz Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER McMURRY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KING, and CARRIED 6-0 by unanimous voice vote. IV. PUBLIC HEARINGS A. Case 05-011. Request for a Conditional Use Permit in accordance with KIBC 17.67, to allow a Primary Care Health Clinic and Community Center on a lot located in the RI - Single-family Residential zoning district, per KIBC 17.18.030.A. Staff reported (18) public hearing notices were distributed for this case on May 25, 2005 with one returned. Staff believed this request meets all the conditions necessary, as reflected in the findings of fact, and standards, subject to stipulations, for a conditional use permit to be granted under Chapter 17.67 (Conditional Use Permits) of the Borough Code. COMMISSIONER KING MOTIONED TO GRANT a Conditional Use Permit in accordance with KIBC 17.67, to allow a Primary Care Health Clinic and Community Center on a lot located in the RI-Single-family Residential zoning P & Z Special Meeting Minutes: June 29, 2005 Page 1 of6 district, per KIBC 17.18.030.A, subject to the four (4) stipulations attached to the staff report dated May 2i\ 2005, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. COMMISSIONER CARVER SECONDED the motion. Special session closed: Public hearing open: Public hearing closed: Special session open: STIPULATIONS 1. This Conditional Use Permit is specific to the Health Care Clinic to be developed on Elderberry Subdivision Lot 2. 2. Further development on Elderberry Subdivision Lot 2 must be III conjunction with an appropriate rezone action. 3. The applicant must present a site plan suitable for determining parking requirements. 4. The final construction site plan must be presented to, and receive the approval of the Planning & Zoning Commission. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit. character and integrity of the surrounding area. The development. as proposed, is consistent with the current development trend in the immediate area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. This conditional use permit does not allow a prohibited land use in the zoning district. The use is a pennitted, Conditional Use, after appropriate Commission review in the R-I Single Family Residential Zoning District. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The building and use (health care clinic) will enhance the public's health, safety, convenience. and comfort. Grant funding requirements ensure a level of professional engineering and building safety reviews not normally required by local code. The location of the development provides ease of access for the local community, and will serve as an emen:!ency auxiliary for a larger geographical population. 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 Special Meeting Minutes: June 29, 2005 Page 2 of6 At 2.07 acres in size, and with 268 lineal feet of street frontage, the development parcel exceeds minimum requirements. Stipulations requiring "follow-on" site plan review by the Commission are adequate for the purpose of ensuring a finished development that incorporates modem traffic pattern concepts. 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 new clinic will replace an existing facility deficient in design, utility, and efficiency. The question was called, and CARRIED 6-0 by unanimous voice vote. B) Case 05-004. Request for a Conditional Use Permit, per KIBCI7.13.040 (D), to permit seasonal recreation camp with provisions for up to seventy five (75) clients, in accordance with KIBCI7.67, on a five acre parcel located within Section 32 Township 37 South, Range 31 West, Prior Point, Akhiok Alaska. Staff indicated there were (3) public hearing notices were distributed on May 25, 2005 with no written response returned. Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, and standards, subject to stipulations, for a conditional use permit to be granted under Chapter 17.67 (Conditional Use Permits) of the Borough Code. COMMISSIONER OSWALT MOVED TO GRANT a conditional use permit, in accordance with KIBC 17.67, allowing a seasonal recreation camp, subject to the four (4) stipulations attached to the staff report dated May 26th, 2005, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. COMMISSIONER McMURRY SECONDED the motion. Special session closed: Public hearing opened: Stephanie Malutin spoke on behalf of the camp and how they worked hard to have everything in order. She also requested the time for the event be extended from July 11 th to July 22nd. COMMISSIONER FRIEND stated that she had done a thorough job on her application. Public hearing closed: Special session opened: After discussion, it was the general consensus that this case is similar to other Conditional Use Permits that were granted every year in the past, and the Commission would like to issue a Conditional Use Permit for 2005 and 2006. P & Z Special Meeting Minutes: June 29, 2005 Page 3 of6 COMMISSIONER OSWALT MOVED TO AMMEND the main motion on stipulation #1 to read the month of July 2005 and July 2006. COMMISSIONER McMURRY SECONDED the motion, and CARRIED 6-0 by unanimous voice vote. Mary Myers Ogle-Director of Community Development stated to verify the four (4) stipulations listed in the report that prior to the activity for the 2006 event that the same stipulations would have to be complied with, for example stipulation #3 provide a copy to the City of Akhiok's acceptance of camp garbage; or in the alternative, supply a solid waste disposal plan for inclusion in the case file. STIPULATIONS 1. This conditional use permit is issued for a maximum of seventy five persons (campers, staff, and volunteers) for the week of July 15th - 22nd, 2005, as indicated in the petitioner's application for conditional use. 2. The applicant is required to implement and observe the camp operational plan appearing on page two (2) of the written narrative submitted with the app Ii cati on. 3. Provide copy of agreement with City of Akhiok acceptance of camp garbage; or in the alternative, supply a solid waste disposal plan for inclusion in the case file. 4. The petitioner will complete an engineering assessment for the operation of a seasonal youth camp at the specified location and submit it for review and approval by the Alaska Department of Environmental Coordination. A copy of the written approval will be submitted to the Community Development Department prior to the issuance of zoning compliance for this use prior to camp occupancy. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The operation of the camp, which will support research into local native cultural traditions and the exploration of archeological sites is seasonal and temporary. Minimal impact is ensured, not only by the short-term nature of the operation, but also by the nature of the principal activity to respectfully and methodically uncover the past. In this way the value, spirit, character and integrity of the surrounding area should not only be preserved, but may also be enhanced. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. This proposed conditional use is consistent with both the intent of KIBC 17.67.010 requiring compatibility of the activity with the surrounding area, ,..,. n r-'7'-' ._,"" A__...:._....1\K:__u...__. T_~__ "lr\ f"\Af"\J: n~~~ It ~cc. and also KlBC 17.13.010 addressing the description and intent of the C- Conservation zoning district, which provides for limited commercial land uses. It is also consistent with the special district regulations of the C- Conservation zoning district in KIBC 17.13.090 since impact on the natural environment is minimal and natural features will be preserved intact. 17.67.05 C. That 2Tanting the conditional use permit will not be harmful to the public health, safety. convenience and comfort. The 2Tantin~ of this conditional use permit will not be harmful to the public health, safety, convenience and comfort since there are essentially, no immediate neighbors or adjacent land uses. Measures have been taken to protect the health and safety of participants with the requirement that a potable water source and solid waste disposal system be approved by ADEC. 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. Minimum lot area and setback requirements are satisfied. Natural buffering is provided by trees and topo2Taphy. The spirit camp is seasonal and temporary, as well as remote, and the potential for conflicts with surrounding neighbors or adjacent land uses is minimal. 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. Not applicable. The question was called on the main motion, and CARRIED 6-0 by unanimous voice vote. v. OLD BUSINESS A) Case 05-007. Variance Request - 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. This case was approved at the May Regular meeting, and the Commission and now needs to adopt the "Findings" and the Criteria for this case. COMMISSIONER KING MOVED TO RECOGNIZE the six (6) Criteria, as set out below, and to adopt the Findings #1 as Findings of Fact for Variance Case No. 05-007. COMMISSIONER OSWALT SECONDED the motion. CRITERIA: 1. That there are exceptional physical circumstances or conditions applicable P & Z Special Meeting Minutes: June 29,2005 Page 5 of6 to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. FINDINGS: 1. State of Alaska legislation, as reflected in AS 29.35.141 (b) (2), preempts local zoning district height limitations for accessory structures of this type. The question was called and was CARRIED 6-0 by unanimous voice vote. VI. ADJOURNMENT CHAIR FRIEND ADJOURNED the special meeting at 7:50 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING CO ISSION ATTEST By: \Oh~ oY.~ Sheila Smith, Secretary Community Development Department DA TE APPROVED: July 20, 2005 P RT 7 <::T'\",,...~.,ll\Appt;no l\;f;nntpc' lnnp ')Q ')()()" p.,op h nf' h