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2004-03-17 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI REGULAR MEETING MARCH 17,20 MINUTES ~~~w~rru MAY 2 8 2004 l1!J 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 March 17,2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Michelle Stearns, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Jerrol Friend - Chair Cheryl Boehland Gary Carver David King Dennis McMurry Casey J anz A quorum was established. Commissioners not present Reed Oswalt COMMISSIONER CARVER MOVED TO EXCUSE Commissioner Oswalt. The motion was SECONDED by COMMISSIONER KING and CARRIED five yeas to one nay. Commissioner Boehland was the nay. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of February 18, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. P & Z Minutes: March 17,2004 Page 1 of 10 v. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 04-003. Request for a conditional use permit, in accordance with KIBC 17.67, to allow the construction of a storage warehouse to be located on Tract C-3 United States Survey 1396. STAFF reported sixty (60) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER CARVER MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses), to permit a forty by one hundred (40 x 100) storage warehouse to be constructed on Tract C-3 United States Survey 1396, subject to three conditions of approval contained in the staff report dated (March 8, 2004) and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicant shall submit a screening plan for review and acceptance by the Commission prior to the commencement of construction. 2. The applicant shall submit a lighting plan for review and acceptance by the Commission prior to the commencement of construction. 3. Planes), as outlined in Condition 1 & 2, may be submitted for review concurrently for the convenience of the Commission and Applicant. 4. In reviewing this request, the Commission has substantially relied upon the project description and application for conditional use, dated January li\ 2004, which was submitted by Kodiak Electric Association. The conditional use, therefore, is specifically limited to the facilities and operational parameters set forth therein. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. A forty by one hundred (40 x 100) foot warehouse on a 58,370 square foot lot will not be detrimental to the surrounding properties if appropriate conditions of approval are required to address any P & Z Minutes: March 17, 2004 Page 2 of 10 screening and lighting concerns that are applicable to this location. The existing outdoor storage is probably more of a concern to the surrounding residential properties than the proposed new warehouse. The new warehouse, if used to reduce the existing visual clutter, will be an amenity to the area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on a review of the site plan, the proposed new warehouse will fulfill all other requirements of the B - Business zoning district such as height of structure, off-street parking, etc. Adherence to the applicable performance standards (KIBC 17 .21.050) of the B - Business zoning district during the zoning compliance and building permit reviews will insure that this conditional use fulfills all other requirements of the zoning district. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Granting of the conditional use permit for a warehouse will not be harmful to the public health, safety, convenience or comfort. Adherence to the Uniform Building Code and Uniform Fire Code regulations for commercial building construction will ensure protection of the public health and safety. It can be argued that a warehouse can potentially detract from the public convenience and comfort if there are residential land uses in the vicinity. In this case there are residential and public use(s) abutting the location. Reasonable conditions of approval, if required, should be adequate to insure that no adverse impacts affect these abutting use(s). Traffic impacts associated with this development are expected to be minimal. 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 58,370 square foot lot contains sufficient land area for the proposed new warehouse and off-street parking. The new warehouse will provide partial site screening. If required as part of this review, the addition of privacy slats to the existing fence will provide additional screening and enhance site security. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Hearing and seeing none. P & Z Minutes: March 17,2004 Page 3 of 10 Public hearing closed. Regular session opened: The question was called, and the motion CARRIED, by unanimous roll call vote. B) Case 04-004. Request for a conditional use permit, in accordance with KIBC 17.67, to allow the construction of a wireless telecommunications facility on an unsubdivided, unsurveyed portion ofUSS 2539, Pillar Mountain. STAFF indicated seven (7) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER KING MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses), to permit a 100 foot tall freestanding communication tower, two small support buildings and a 320 gallon above ground propane tank to be located on a 3,200 square foot leasehold interest to be negotiated with the landowner, City of Kodiak, subject to five (5) conditions of approval contained in the staff report dated March 8, 2004) and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural regenerated state. 3. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a Conditional Use Permit. 4. The landowner and/or developer, within 6 months of the date of Commission approval, shall develop and submit to the Community Development Department a site plan for the leased premises in ACAD.dwg fornlat for the purpose of inclusion into existing mapping databases. 5. In reviewing this request, the Commission has substantially relied upon the project description and application for conditional use, dated January 281h, 2004, which was submitted by New Horizons Telecom, Inc. The conditional P & Z Minutes: March 17,2004 Page 4 of 10 use, therefore, is specifically limited to the facilities and operational parameters set forth therein. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Similar communication and utility facilities on Pillar Mountain have existed for many years, in the area, without conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C-Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the City of Kodiak's exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 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 site is well separated by topography and vegetation from residential areas. The contiguous land ownership of the City of Kodiak far exceeds the minimum of area of five acres required by the C-Conservation zoning district. Natural P & Z Minutes: March 17,2004 Page 5 of 10 vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. 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. VIII. OLD BUSINESS A) Worn ens Bay Phase II Background Report Staff asked the Commission to review the current background material and to supply comments or additional material to the report. Staff noted the map corrections that had been made to previously prevented maps. Commissioner Carver mentioned that the boundary line on most of the maps is not following the drainage divide as they had decided. The Commission asked Staff to post the review comments on the Borough website and then decided to further discuss this matter at an April 14, 2004 special work session, to be held after the regular work session. The Commission felt that the public should participate in the review of this report. B) Chiniak Scoping Meeting The Commission reviewed the topics discussed at the Chiniak Scoping Meeting held in Chiniak on February 27,2004. The Commission decided to hold a special meeting in on May 5,2004 to further review C) Larsen Bay Update Staff reported that Robbie Townsend Vennel, contractor with AHFC, visited Larsen Bay for several days, speaking with school children, community representatives and others. A document summarizing activities to date for village planning should be distributed this week with plans for a meeting in Kodiak at the end of April to finalize the goals and objectives for their updated plan. Staff will keep the Commission posted. P & Z Minutes: March 17, 2004 Page 6 of 10 After the goals and objectives are finalized, the Kodiak Island Borough will take the lead roll in the land management/use planning. D) Discussion of the February 25,2004 meeting between the Planning & Zoning Commission and the Assembly regarding mobile home parks. The Commission added this topic to the May 5,2004 special meeting. E) Case S03-030 - vote to rescind action taken at the February 18, 2004 regular meeting. Staff outlined KIBC Title 17.70.030.0 regarding rescission of a motion. Staff also stated that this case is before the Commission again due to confusion over which document presented by the applicant the Commission intended to refer to in the original motion. Consultation with the Borough Clerk led to the option of rescission. COMMISSIONER CARVER MOVED TO rescind the vote taken on February 18, 2004 concerning case S03-030 and to reopen the case for consideration. The motion was SECONDED by COMMISSIONER JANZ and carried by unanimous roll call vote. Therefore, the main motion, as made at the February 18, 2004 regular meeting, was reopened and read as: COMMISSIONER MCMURRY MOVED TO grant preliminary approval, in accordance with KIBC 16.60, of the vacation of a portion of the undeveloped Perenosa Drive right-of-way, as depicted on the Petitioner's map, subject to three (3) conditions of approval contained in the staff report dated January 51h, 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [1] This vacation of right-of-way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough Code 16.60.060 A. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [3] The designation "Right of Way for Public Purposes" shall appear on the face of the plat. P & Z Minutes: March 17, 2004 Page 7 of 10 FINDINGS OF FACTS 1. This request for vacation rneets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER KING. COMMISSIONER MCMURRY MOVED TO AMEND the main motion to read as follows: "Move to grant preliminary approval, in accordance with KIBC 16.60 of the vacation of a portion of the undeveloped Perenosa Drive right-of-way, as depicted on the Petitioner's map submitted February 11 Ih, 2004 subject to the following three (3) conditions of approval and to adopt the following "Findings of Fact" for this case." CONDITIONS OF APPROVAL: (1) This vacation of right-of-way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough code l6.60.060.A. (2) The applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty-four (24) months of the Assembly approval of vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040.B. (3) The designation "Public Utility Corridor" shall appear on the face of the plat. FINDINGS OF FACT: (1) This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. (2) This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030.A and B. (3) This request provides a vacation of a portion of a public right-of-way that is consistent with the adopted Borough plans for this area. (4) This request for vacation does not unduly diminish the public's interest. (5) This request for vacation does not unduly prejudice surrounding private property interest. P & Z Minutes: March 17,2004 Page 8 of 10 The motion was SECONDED by COMMISSIONER KING. COMMISSIONER CARVER MOVED TO AMEND the amendment to change the word "submitted" to "dated". COMMISSIONER KING SECONDED the amendment to the amendment. 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, five yeas to one nay. Commissioner Boehland was the nay. The question was called on the amended main motion and CARRIED, five yeas to one nay. Commissioner Boehland was the nay. IX. NEW BUSINESS There was no new business. X. COMMUNICA TIONS A) Report titled "Brechan Enterprises: Moving Cost Estimates, Economic Contributions to Kodiak", dated February 2004. B) Letter dated January 29,2004 to Duane Dvorak from Tom Young, ADOT, regarding Chiniak Road Rehabilitation. C) Letter dated March 11, 2004 to Michelle Stearns from John DeLapp, Cook Inlet Coastal Program Coordinator regarding Coastal Conservation Grant Proposals. D) Challenge Cost Share Program allocations for fiscal year 2004. There were no further communications. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XI. REPORTS ST AFF reported the following meeting schedule: · April 14, 2004 work session at 7:30 p.m. in the KIB Conference room. · April 21, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. P & Z Minutes: March 17, 2004 Page9oflO COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS There were no Commissioner's comments. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:04 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONIN M N By: ATTEST By G~I f:- LJ)\A~ Erin Whipple, Secreta Community Development Department DATE APPROVED: April 21, 2004. P & Z Minutes: March 17, 2004 Page 10 of 10