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2003-09-17 Regular Meeting I I I KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING SEPTEMBER 17,2003 MINUTES o 1EU:1E1'M1E~ MAY .. 6 DJ4 l!J) I. BOROUGH CLERK'S OFFICE 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 September 17,2003 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Michelle R. Stearns, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Gary Carver Jerrol Friend Cheryl Boehland Jake Ketscher A quorum was established. Commissioners not present Dennis McMurry Reed Oswalt One Vacant Seat COMMISSIONER KETSCHER MOVED TO EXCUSE Commissioner McMurry. The motion was SECONDED by COMMISSIONER CARVER and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER KETSCHER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER CARVER MOVED TO APPROVE the minutes of August 20,2003 Planning and Zoning Commission regular meeting as submitted. The motion was P & Z Minutes: September 17,2003 Page 1 of 10 I I I SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 03-010. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C-Conservation to RND-Rural Neighborhood Development. STAFF reported nineteen (19) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff indicated that the proposed zone should be Rural Neighborhood Commercial instead of Rural Neighborhood Development. Staff recommended denial of the recommended motion. COMMISSIONER CARVER MOVED TO recommend the rezone of Lot 1, U.S. Survey 4935 from C-Conservation to RNC-Rural Neighborhood Commercial; and Lot 2, Isthmus Bay Subdivision from RR2-Rural Residential Two to RNC Rural Neighborhood Commercial, subject to the recommended effective clauses contained in the staff report dated September 10,2003, and to forward the request to the Kodiak Island Borough Assembly for further review and consideration. EFFECTIVE CLAUSES 1. The rezone shall not become effective until the petitioner has consolidated approximately 3 acres of Lot 2, Isthmus Bay Subdivision with Lot 1, U.S. Survey 4935 in order to provide a suitable boundary for the rezone area that will provide appropriate frontage for commercial and residential uses. 2. The petitioner shall have an as-built survey conducted of all existing improvements in order to determine conclusively what follow on actions are minimally necessary to bring the commercial uses on the new consolidate lot into compliance with the applicable zoning requirements. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: John Lucas, Applicant: Asked the Commission to consider postponing this case and to review the Chiniak Comprehensive Plan. P & Z Minutes: September 17, 2003 Page 2 of 10 I I I Marie Rice, Chiniak Resident: Asked the Commission to review the Chiniak Comprehensive plan and to consider other areas for rezone, not just this specific lot. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER KETSCHER MOVED TO AMEND the motion to postpone this case until the February 2004 regular meeting of the Planning and Zoning Commission and to add review of the Chiniak Comprehensive Plan to the October 2003 regular meeting as an old business item. The motion was SECONDED by COMMISSIONER BOEHLAND. COMMISIONER BOEHLAND MOVED TO AMEND the amendment to postpone this case until such time as the Chiniak Comprehensive Plan has been reviewed and/or revised. The motion was SECONDED by COMMISSIONER CARVER. The question was called on the amendment to the amendment and CARRIED by unanimous roll call vote. The question was called on the amended amendment and CARRIED by unanimous roll call vote. B) Case S03-016. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 6A, Tolbert Subdivision creating Lots 6A-l and 6A-2, Tolbert Subdivision and preliminary approval of the vacation of the sewer easement crossing the southern portion of Lot 6A and preliminary approval of the creation of a fifteen (15) foot and five (5) foot storm drain easements along the western side of Lot 6A. STAFF indicated eighty (80) public hearing notices were distributed for this case with one (1) being returned objecting to the request. Staff recommended approval of this request subj ect to six (6) conditions of approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 6A, Tolbert Subdivision creating Lots 6A-l and 6A-2, Tolbert Subdivision, subject to the conditions of approval contained in the staff report dated September 1 01h, 2003, and to adopt the findings in that staff report as "Findings of Fact" for this case. P & Z Minutes: September 17,2003 Page 3 of 10 I I I CONDITIONS OF APPROVAL [1] Create and designate a "utility easement" on the triangular portion of the proposed Lot 6A-l (as depicted on the attached sketch), per Kodiak Electric Association request. [2] Designate the western fifteen (15) foot portion of the twenty (20) foot "storm drain easement" as shown on the preliminary plat for this action as a "utility easement" per Kodiak Electric Association request. [3] Approval from the platting authority for the City of Kodiak for the vacation of that portion of the sewer easement as depicted on the preliminary plat must be obtained prior to Final Plat. [ 4] Show the net land area( s) of the portions of the sewer easement vacation & easement remaining on the final plat for this action, as depicted on Plat 92- 46. [5] Provide closure documentation per Kodiak Island Borough Code 16.50, prior to Final Plat. [6] Identify the water line located in Wolkoff Lane as a 2" (inch) line per City of Kodiak correction. FINDINGS OF FACT l. 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: Richard Courtney, neighborhood resident: Stated concern over this request in regards to the potential impact on his property. Hearing and seeing none. Public hearing closed. P & Z Minutes: September 17, 2003 Page 4 of 10 I I I Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER KETSCHER MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the vacation of the sewer easement crossing the southern portion of Lot 6A. COMMISSIONER CARVER SECONDED the motion. Regular session closed. Public hearing opened: Mike Haggren, applicant: Spoke in support of his request. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. C) Case S03-0l7. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Tract B, US Survey 2538B, Pacific Terrace creating Tracts B-1 and B-2, US Survey 2538B and preliminary approval of the vacation and creation of multiple right-of-way and utility easements as described on the preliminary plat dated 8/1/03. (More information is available upon request to the Community Development Department) STAFF indicated one hundred twenty-three (123) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff recommended the Commission grant preliminary approval, subject to the conditions of approval contained in the staff report dated September 10, 2003. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval of the subdivision of Tract B, U.S. Survey 2538B, creating Tracts B-1 and B-2, U.S. Survey 2538B, and vacating such utility easements and rights-of-way as noted on the preliminary plat dated 8/1/03 and dedicating such utility easements and rights- of-way as delineated on the preliminary plat dated 8/1/03, subject to the conditions of approval contained in the staff report dated September 10, 2003 and to adopt the findings contained in that report as findings-of- fact for this case. CONDITIONS OF APPROVAL: P & Z Minutes: September 17,2003 Page 5 of 10 I I I 1. Obtain approval from the City of Kodiak for proposed land trades described on the plat. 2. Ifrequired, execute a subdivision agreement with City of Kodiak Public works department to guarantee the required improvements referenced in the Public Works comment memorandum dated September 5, 2003, from Mark Kozak, Public Works Director. 3. Continue to pursue variance approval for any building encroachments and parking issues identified in pending related Variance Case 03-019. 4. Through the City of Kodiak as the current landowner, apply for a rezone of the C-Conservation zoned area to be acquired from the City of Kodiak through land trade lying adjacent to the proposed Pillar Mt. Road right-of-way. 5. Modify the preliminary plat to exchange the dark line denoting the road edges with the dashed line denoting the exterior property boundaries. FINDINGS OF FACT 1. Subject to conditions of approval, this plat can meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, this plat can meet all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with 1968 Kodiak Island Borough Comprehensive Plan. The motion was SECONDED by COMMISSIONER KETSCHER. COMMISSIONER KETSCHER MOVED TO AMEND the motion to add a condition of approval #6 to read: Add a fire hydrant between buildings 1116 and 1124 located on Hillside Drive. COMMISSIONER BOEHLAND SECONDED the amendment. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. P & Z Minutes: September 17, 2003 Page 6 of 10 I I I Regular session opened: The question was called on the amendment and CARRIED by unanimous roll call vote. The question was called on the amended mam motion and CARRIED by unanimous roll call vote. D) Case 03-019. Request for several variances, in accordance with KIBC 17.66, relating to parking requirements, curb cut distances, and setbacks as described on the plat dated 8/1/03 accompanying the application. (More information is available upon request to the Community Development Department) STAFF indicated one hundred twenty-three (123) public hearing notices were mailed for this case, and none (0) were returned prior to the meeting. Staff recommended postponement of this case. COMMISSIONER CARVER MOVED TO postpone Case 03-019, until the October 15,2003 regular Commission meeting and to continue the public hearing at that time. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: David Gonzales, Proiect Leader: Stated concern over any significant delay in the project. 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 03-013. Request for a Planning & Zoning Commission Review, in accordance with KIB Code Section 18.10.030, of twelve (12) parcels of tax foreclosed properties from tax year 2001. STAFF indicated that this case was advertised in a newspaper of general circulation. Staff recommended postponement of this case until the October regular meeting. P & Z Minutes: September 17, 2003 Page 7 of 10 I I I COMMISSIONER KETSCHER MOVED TO postpone action on this case until the October 15, 2003 regular meeting. The motion was SECONDED by COMMISSIONER CARVER. 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. Five (5) minute break. VIII. OLD BUSINESS A) Findings for Appeal 03-015. COMMISSIONER KETSCHER MOVED TO adopt Findings of Fact 1 through 10 as stated in the Summary Statement dated September 10,2003. COMMISSIONER BOEHLAND SECONDED the motion. The question was called and the motion CARRIED by unanimous roll call vote. B) Discussion on Mobile Home Parks and related code. There was a general consensus directing Chair Friend to sign the letter drafted by Staff to be forwarded to the Assembly. C) Review of questions regarding the Appeal Code to be forwarded to the Assembly. The Commission chose to try to have proposed training on either October 25, 2003 or November 15, 2003 and to address potential appeals processes during this training. D) Report on discussions held at the September 3, 2003 work session. E) Update on future training for the Planning and Zoning Commission. (See suggested dates in Old Business C) P & Z Minutes: September 17,2003 Page 8 of 10 I I I F) Womens Bay Comprehensive Plan discussion and direction. Work session scheduled for September 24, 2003 to answer the three questions posed by the consultants working on the Womens Bay Comprehensive Plan update. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Notice of violation dated July 29, 2003 to Fields Rentals Inc from Martin Lydick, associate planner. B) Letter of courtesy and advisory dated August 1, 2003 to Mr. & Mrs. Phillip Rigby from Martin Lydick, associate planner. There were no further communications. COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item A through item B of Communications. The motion was SECONDED by COMMISSIONER BOEHLANED, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: . = Packet review work session at 7:30 p.m. in the Borough conference room. . = 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 Casey J anz, Worn ens Bay Resident: Spoke regarding the Womens Bay Comp Plan process. Commented on an article published in the Kodiak Daily Mirror regarding the Worn ens Bay Community Council. XIII. COMMISSIONERS' COMMENTS There were no commissioner comments. P & Z Minutes: September 17, 2003 Page 9 of 10 I I I IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:25 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONINQ l\(IMISSION i 'I ~V~ r1 By: ;7 / V<-f-.)/ riend, Chair ATTEST By: c u ',)J~ If Erin Whipple, Secreta Community Development Department DATE APPROVED: October 15, 2003. P & Z Minutes: September 17,2003 Page 10 of 10