2003-11-19 Regular Meeting
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KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMIS
REGULAR MEETING NOVEMBER 19,20
MINUTES
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I. CALL TO ORDER
BOROUGH CLERK'S OFFICE
The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by
CHAIR FRIEND on November 19, 2003 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Jerrol Friend, Chair
Gary Carver
Cheryl Boehland
Jake Ketscher
Dennis McMurry
Reed Oswalt
Others Present
Michelle R. Stearns, Director
Community Development Dept.
Duane Dvorak, Associate Planner
Community Development Dept.
Erin Whipple, Secretary
Community Development Dept.
A quorum was established.
I Commissioners not present
Robert Himes
COMMISSIONER MCMURRY MOVED TO EXCUSE Commissioner Himes.
The motion was SECONDED by COMMISSIONER OSWALT and CARRIED by unanimous
voice vote.
III. APPROVAL OF AGENDA
COMMISSIONER KETSCHER MOVED TO APPROVE the revised agenda as presented. The
motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER OSWALT MOVED TO APPROVE the minutes of October 15, 2003
Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED
by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote.
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AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
P & Z Millules: November 19,2003
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VII. PUBLIC HEARINGS
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A)
Case 03-020. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of
Initiation), of Lot l, US Survey 3471 from RRI-Rural Residential One to RNC-Rural
Neighborhood Commercial.
STAFF reported five public hearing notices were distributed for this case with none being
returned prior to the meeting. Staff recommended postponement of this case until the
Chiniak Comprehensive Plan could be reviewed.
COMMISSIONER MCMURRY MOVED TO postpone action on case 03-020, until such
time as the Chiniak Area Comprehensive Plan has been reviewed and revised as necessary.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
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The question was called, and the motion CARRIED, five yeas to one nay. Commissioner
Ketscher was the nay.
B)
Case 03-021. Request for a conditional use permit, per KIBC 17.67, allowing the removal
of a mobile home from space #3 and the placement of a mobile home in space #8 (to be #7
upon re-numbering).
STAFF indicated forty-six (46) public hearing notices were distributed for this case with
three (3) being returned the night of the meeting. Staff recommended approval of this
request.
COMMISSIONER KETSCHER MOVED TO grant approval for a conditional use permit,
in accordance with KIB Code Section (17.67), to permit an amendment of the mobile home
park site plan for the mobile home park located on Lot l4A-3B, U.S. Survey 3098; to allow
the elimination of Space #3 and the creation ofa new Space #7, subject to the conditions of
approval contained in the staff report dated November 12, 2003; and to adopt the findings
contained in the staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
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1.
Provide a low fence or barricade for the play area to separate it from the available
parking area.
Supplement the proposed mobile home park site plan with a parking plan layout,
showing the location of existing parking spaces, particularly those which cannot be
2.
P & Z Minules: November 19,2003
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3.
accommodated on the mobile home park spaces. (The mobile home park plan may
be modified slightly to accommodate "on-space" parking, so long as the number of
proposed mobile spaces does not exceed 7 total.)
Provide the Community Development Department with a larger scale reproduction
of the site plan for inclusion in the permanent property file for this mobile home
park. The site plan should also include attribution as to the preparer of record,
scale, legend information, park ownership, etc.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity
of the surrounding area.
The purpose of the nonconforming provisions of KIBC is to ensure that development
moves toward conformity any time that nonconforming rights are abandoned or when
major redevelopment of nonconforming land use or structure is required. The need to
amend the mobile home park site plan is understandable in order to move towards
conformity with the code, even if full conformity is unachievable. The proposed
improvements to the existing mobile home park will preserve the value, spirit, character
and integrity of the surrounding area.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
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The detailed site plan moves the park configuration toward conformity with the current
requirements of KIBC 17.26, to the greatest extent feasible. Given that a great deal of the
park's characteristics will remain nonconforming, such as the parking layout and mixed
multi-family residential, the proposed amendments appear to fulfill all other requirements
of this chapter.
17.67.05 C. That granting the conditional use permit will not be harmful to the public
health, safety, convenience and comfort.
The intent of KIBC 17.36 (Nonconformities) and KIBC 17.26 (Mobile Home Parks) will
be met to the greatest extent possible by the proposed amendment to the mobile home park
site plan. Moving toward conformity with the current requirements of KIBC 17.26, will
promote the publIc health, safety, convenience and comfort of the entire community, as
well as the mobile home park reSIdents.
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.
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The proposed site plan submitted shows both the layout of existing mobile home units as
well as proposed space boundaries, which have not previously been documented. This
proposed site plan layout provides a minimum of 3,000 square feet for each proposed
space, in addition to the proposed play area. Staff recommends, through conditions of
approval, that certain additional information be included in the site plan to make it a better
tool for future zoning compliance review. With the recommended conditions approval,
adequate buffers and safeguards can be ensured during future park plan reviews when the
P & Z Minules: November 19,2003
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mobile home units are replaced or relocated, in order to meet the conditions of A through C
above.
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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 permit is for a private mobile home park use.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Lenae Arndt, agent for the applicant: Spoke in favor ofthe applicant's request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER KETSCHER MOVED TO AMEND the mam motion to strike
condition of approval #1.
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The motion died for lack of a second.
The question was called on the main motion and CARRIED by unanimous roll call vote.
C)
Case 03-022. Request for a rezone, in accordance with KIB Code Section 17.72.030 B.
(Manner of initiation), of portions of proposed Tracts B-1 and B-2, US Survey 2538B from
C-Conservation to R-3 Multiple Family Residential Zoning District.
STAFF indicated one hundred twenty-three (123) public hearing notices were distributed
for this case with none being returned prior to the meeting. Staff recommended approval
of this request.
COMMISSIONER KETSHER MOVED TO recommend that the Kodiak Island Borough
Assembly approve the rezoning of portions of proposed Tracts B-1 and B-2, US Survey
2538B from C-Conservation to R3-Multi-Family Residential, subject to two (2) effective
clauses, and to adopt the "Findings of Fact" in the staffreport dated November 10,2003 in
support of this recommendation.
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EFFECTIVE CLAUSES
1. Rezone to be contingent upon the completion of the related subdivision
case.
2. Rezone to become effective upon title to the proposed rezone area(s) vesting
in the Alaska Housing Finance Corporation.
P & Z Minutes: November 19,2003
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FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
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This action to rezone will move the subject property further towards
compliance with Title 17 of the Borough Code.
2. This action to rezone will allow the property owner to effectively utilize an
area heretofore occupied "at will" of the City of Kodiak.
1.
3. This action to rezone will reduce the administrative burden of various
Borough departments required to maintain multiple files for this property.
4. This action to rezone will reduce the Borough's administrative cost
associated with maintaining multiple files for this property.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the
Obiectives of the Comprehensive Plan.
No effects on the Objectives of the Comprehensive Plan are anticipated as a result
of this rezone action.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
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Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
VIII. OLD BUSINESS
A) Review of October 25,2003 Planning and Zoning Commissioner training presented by Lee
Sharp.
B) Review of November 5,2003 Larsen Bay Work Session and review of Larsen Bay memo.
IX. NEW BUSINESS
i\) D!\Tp~ Kodiak Area Plan Schedule
X.
COMMUNICATIONS
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A) Letter dated October 16, 2003 to Mary C. Brown from Martin Lydick regarding Chiniak
Alaska Subdivision, Block 1, Lot 4.
B) Letter dated October 16, 2003 to Robert & Cheryl Dierich from Martin Lydick regarding US
Survey 3098 Lt 25A.
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C) Letter dated October 28, 2003 to Victor & Pamela Smith from Martin Lydick regarding
Airpark Subdivision, Block 1, Lot 5.
D) Letter dated October 17, 2003 to Betty Lorenson from Martin Lydick regarding US Survey
3100 Lot 11.
E) E-mail dated October 31, 2003 from Jake Ketscher regarding his resignation from the Planning
& Zoning Commission effective November 30,2003.
F) Letter from Charles Lorenson dated November 3,2003 regarding compliance review.
There were no further communications.
COMMISSIONER MCMURRY MOVED TO ACKNOWLEDGE RECEIPT of item A through
item F of Communications. The motion was SECONDED by COMMISSIONER BOEHLAND,
and CARRIED by unanimous voice vote.
XI. REPORTS
STAFF reported the following meeting schedule:
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. November 20,2003 Assembly Meeting re: Erdman Appeal, 7:30pm in the Assembly
Chambers
. December 10, 2003 work session at 7:30 p.m. in the KID Conference room.
It was decided that this work session would be cancelled due to lack of attendance.
. December 17,2003 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice
vote.
XII. AUDIENCE COMMENTS
CLARENCE SELIG: Spoke regarding the Commission's work session process.
XIII. COMMISSIONERS' COMMENTS
COMMISSIONER BOEHLAND: Stated she was sorry Jake Ketscher was leaving.
COMMISSIONER CARVER: Wished Jake Ketscher best ofluck in future endeavors.
COMMISSIONER MCMURRY: Stated it had been a pleasure to work with Jake Ketscher.
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COMMISSIONER KETSCHER: Spoke regarding his service on the Commission and his pending
departure.
COMMISSIONER FRIEND: Thanked Jake Ketscher for his service on the Commission.
P & Z Minules: November] 9,2003
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IX.
ADJOURNMENT
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CHAIR FRIEND ADJOURNED the regular meeting at 9:03 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZON. ,COMMISSION
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By:
ATTEST
By:
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Erin Whipple, Secretary
Community Development Department
DATE APPROVED: January 21,2004.
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