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2004-10-20 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI REGULAR MEETING OCTOBER 20, 2 MINUTES ~lE~WlErRI o EC 1 0 2004 l!dJ I. CALL TO ORDER BOROUGH CLERK'S OFFICE I The regular meeting of the Planning $d Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on October 20, 2004 !in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend _IChair Cheryl Boehland Gary Carver Casey J anz David King Reed Oswalt Others Present Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. A quorum was established. COMMISSIONER OSWr\LT MOVED TO EXCUSE CommissIOner McMurry. ; The motion was SECONDED by Commissioner Carver and carried by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER CARVER MOVED TO APPROVE the minutes of the September 15, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Dawn Black: Spoke regarding mobile home park issues. Presented a letter to the Commission and read a portion of it into the record. P & Z Minutes: October 20, 2004 Page 1 of6 VII. PUBLIC HEARINGS A) Case 04-008. Request for a disposal review of borough property, per KlBC 18.20.030, described as a portion of US Survey 2439 Lot 1 for the purpose of leasing borough land at less than fair market value in order to develop a recreational vehicle park, equestrian center and associated trails system. STAFF reported a letter requesting postponement had been received from the applicant and staff had no objection to the request for postponement. COMMISSIONER CARVER MOVED TO postpone case 04-008 until the January 19, 2005 regular meeting of the Planning & Zoning Commission. The motion was SECONDED by COMMISSIONER JANZ. The question was called, and the motion CARRIED by unanimous roll call vote. B) Case 04-010. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040.H, to permit satellite dishes and an equipment building on a five (5) acre portion of U.S. Survey 2538-A. STAFF indicated seven (7) public hearing notices were distributed for this case with none being retumed prior to the meeting. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant a request for a conditional use permit in accordance with KIB Code Section 17.13 .040.H, to permit satellite dishes and an equipment building as a communication facility on a five (5) acre portion of U.S. Survey 2538-A subject to the conditions of approval contained in the staff report dated September 24, 2004; and to adopt the findings contained in that 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 and natural vegetation immediately surrounding the constructed facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. Should the site be abandoned due to future advance of communications technology or development of alternative communications facilities, the site will be cleared within one (1) year of abandonment and returned to a natural 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 Planning and Zoning Commission will review the modifications at a public hearing prior to the implementation of such changes. P & Z Minutes: October 20, 2004 Page 2 of6 FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value. spirit, character and integrity of the surrounding area. This use, as well as similar communication and utility facilities have existed in this area for many years without conflicts.' Conditions of approval suggested to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation willi be maintained around the facility. Colors of structures and dishes should be subdued to t*e extent possible and necessary. If the facility is abandoned, the site will be cleared of eq~ipment 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 I must be reviewed and approved by the Commission at public hearing prior to installation. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and supporting documentation, it appears that the conditional use will fulfill all other requirements of code. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. 17.67.05 C. That granting the conditional use pel111it will not be hal111ful to the public health. safety. convenience and comfort. The facility will be constructed and maintained in accordance with all applicable federal. state and local requirements. All construction will meet standards of the Unifol111 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. A minimum of five acres has been designated for this CUP by survey description. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity ofthe surrounding area. The motion was SECONDED by COMMISSIONER OSWALT. 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. P & Z Minutes: October 20, 2004 Page 3 of6 C) APPEAL 04-009. An APPEAL of an administrative decision, per Kodiak Island Borough Code 17.90.020A, issuing notice of violation to the owners of Bells Flats Subdivision, Block 7 Lot 17, for violation ofKIBC 17.03.020, KIBC 17.03.060, and KIBC 17.03.080. STAFF indicated fourteen (14) public hearing notices were distributed for this case with two (2) being returned in favor of the request and two (2) being returned objecting to the request. Staff outlined the appeals procedure for the Commission. Staff recommended the Commission support staff s decision on this request. COMMISSIONER KING MOVED TO GRANT the appeal from the Notice of Violation dated August 19th, 2004 directing the property owner of Bells Flats Subdivision Block 7 Lot 17 to cease the unpermitted resource extraction activity conducted thereon. FINDINGS OF FACT [1] The activity documented on Bells Flats Block 7 Lot 17 is not commercial or industrial in nature. [2] The activity documented on Bells Flats Block 7 Lot 17 is consistent with the zoning and use of the property as a single-family residence and does not violate KIBC 17.17 .020 - Permitted uses. [3] The activity documented on Bells Flats Block 7 Lot 17 is an activity that does not require zoning compliance per Kille 17.03.060 [3] As a pe1111itted use, the activity documented on Bells Flats Block 7 Lot 17 is not a prohibited use per KillC 17.03.080. [4] The activity documented on Bells Flats Block 7 Lot 17 conforms to KillC Title 17 and does not require zoning compliance per KIBC 17.03.020. The motion was SECONDED by COMMISSIONER CARVER. Glenn Mathes. appellant: Spoke in favor of his appeal. Marie Rice: Spoke in favor ofletting the appellant finish his project. Mike Martin: Spoke in objection to the appellant's request. Glenn Mathes: Spoke in rebuttal. COMMISSIONER KING read into record the findings of fact that will. be adopted should the existing motion be adopted. COMMISSIONER OSWALT read into record the letter dated October 10, 2004 from former Kodiak Island Borough Community Development Director William Walton. P & Z Minutes: October 20, 2004 Page 4 of6 COMMISSIONER CARVER MOVED TO POSTPONE this request until the November 17, 2004 regular meeting as an old business item. COMMISSIONER JANZ SECONDED the motion. VIII. The question was called, and the motion CARRIED five yeas to one nay by roll call vote. Commissioner Boehland was tre nay. Staff clarified that this item Wr1d return to the agenda as an old business item. OLD BUSINESS i I I A) Mobile Home Park Chapter (KIBG 17.26) and Existing Nonconforming Uses and Structures Chapter (KIBC 17.36). I I The Commission requested the mobile home matrix be prepared by the next work session of I November 10, 2004. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Memo dated August 7, 2004 to William Ashton, ADEC, from Martin Lydick regarding Coastal Project Questionnaire;. B) Letter dated September 23, 2004 to Clifford Anderson from Martin Lydick regarding letter of courtesy and advisory. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item B of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XI. REPORTS A) Meeting schedule: · October 29, 2004 Chiniak Town Meeting, Chiniak School, 7 - 9 p.m. · November 10, 2004 work session at 7:30 p.m. in the K.IB Conference room. · November 17, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. B) Staff reported on the Municipal Airport meeting. There were no further reports. P & Z Minutes: October 20, 2004 Page 5 of6 COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Mike Martin: Presented questions regarding Appeal 04-009. Dawn Black: Spoke regarding the mobile home park issue and continued the reading of her letter presented earlier. XIII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Is enjoying the nice weather. COMMISSIONER OSWALT: Hopes the Commission can spend a significant amount of time and resolve the mobile home park issue. COMMISSIONER JANZ: Agreed with Reed. COMMISSIONER KING: Spoke regarding the mobile home park issue. Emphasized that the MHP outline is just ideas. COMMISSIONER FRIEND: Encouraged the Commissioners to ask a lot of questions about the appeal. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:55p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING ISSION ATTEST By: &~ C-uJ~ Erin Whipple, Secretary Community Development Department DATE APPROVED: November 17, 2004. P & Z Minutes: October 20, 2004 Page 6of6