2004-08-18 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSI
REGULAR MEETING AUGUST 18, 2004
MINUTES
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 August 13, 2004 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Jerrol Friend,- Chair
Cheryl Boehland
Gary Carver
Casey J anz
David King
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.
III. APPROVAL OF AGENDA
COMMISSIONER CARVER 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 the July 21,2004
Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote.
COMMISSIONER OSWALT MOVED TO APPROVE the minutes of the July 21, 2004
Planning and Zoning Commission special meeting as amended. The motion was SECONDED
by COMMISSIONER KING, and CARRIED by unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
P & Z Minutes: August 18,2004
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VII. PUBLIC HEARINGS
A) Case S04-013. Request for preliminary approval, in accordance with KIBC 16.40, of
the subdivision of Tract K, Russian Creek Subdivision creating Lots Kl through K6,
Russian Creek Subdivision and the vacation, in accordance with KIBC 16.60, of a ten
(10) foot utility easement extending along the north, east, and a portion of the southern
lot lines of the proposed subdivision and a ten (10) foot sewer easement extending
diagonally through the subdivision
STAFF reported thirty (30) public hearing notices were mailed on July 30, 2004 with
none being returned prior to the meeting. Staff recommended approval of the
subdivision portion of this request subject to four (4) conditions of approval.
Staff recommended approval of the vacation of the ten (10) foot sewer easement while
recommending that the ten (10) foot utility easement remain based on requests from
Kodiak Electric Association and Island Cable.
COMMISSIONER OSWALT MOVED TO approve the preliminary plat of Tract K
Russian Creek Alaska Subdivision creating Lots K-l thru K-6, subject to four (4)
conditions of approval, and to adopt those Findings of Fact Numbered One thru Two in
the staff report dated July 29th, 2004, as Findings of Fact for Case S04-013.
CONDITIONS OF APPROVAL
1. Prepare a soils report in accordance with KIBC 16.40.040 (A-13) that addresses the
capability of the soils to support the proposed development pattern and capability of
sites to support on-site wastewater disposal systems.
2. Flagstem note to read "Access easement for the benefit of Lots K-3 and K-4. Utility
easement for the benefit of Lots K-2, K-3, K-4, and K-5."
3. Place a note on the face of the final plat noticing prospective purchasers that
development of lots within the subdivision is subject to ADEC approval of
wastewater and potable water systems.
4. The structure located on proposed lot K-l, and identified on the preliminary plat as
"BamlHouse" must demonstrate compliance with the terms of the original grant of
conditional use, or, must come before the Commission as "A Request to Modify"
the conditional use permit per KIBCI7.67.020 A.
FINDINGS OF FACT
1. This request for replat meets the minimum data required per Kodiak Island
Borough Code 16.40.040, generally.
2. This request for replat meets the minimum design requirements per Kodiak
Island Borough Code 16.40.050, generally.
The motion was SECONDED by COMMISSIONER BOEHLAND.
P & Z Minutes: August 18, 2004
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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.
COMMISSIONER JANZ MOVED TO approve the vacation of a ten (10) foot sewer
easement extending diagonally through the subdivision, and to adopt those Findings of
Fact Numbered Three thru Six in the staff report dated July 29th, 2004, as Findings of
Fact for Case S04-013.
FINDINGS OF FACT
3. This request for vacation meets the minimum application standards of Kodiak
Island Borough Code 16.60.030 A and B.
4. This request provides a vacation of a utility easement that is consistent with
adopted Borough plans for this area.
5. This request for vacation does not unduly diminish the public's interests.
6. This request for vacation does not unduly prejudice sUlTounding private property
interests.
The motion was SECONDED by COMMISSIONER KING.
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) Case S02-009. Extension Request - A request to extend the preliminary approval for
Case S02-009 until December 23,2005, and to amend the compliance deadline in
Condition of Approval # 2 until May 15, 2005.
Staff recommended approval of this request.
P & Z Minutes: August 18, 2004
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COMMISSIONER KING MOVED TO approve an amendment of preliminary plat
approval for Case S02-009, to extend the compliance date set forth in Condition of
Approval #2 until May 15t\ 2005.
CONDITION OF APPROVAL (as amended)
2. Within twenty-nine (29) months (by May 15, 2005), applicable
inspection reports and/or certificate of occupancy required by the
Building Department must be issued for conversion of the barn on
proposed Lot 3 to a single-family residence, or it must be otherwise
brought into compliance with Title 17 Zoning. Absent this, zoning
enforcement action will be initiated.
COMMISSIONER MCMURRY SECONDED the motion.
The question was called and CARRIED by unanimous roll call vote.
B) Case S02-008. Extension Request - A request to extend the preliminary approval for
Case S02-008 and to amend Condition of Approval #2 allowing the use of wood and
metal for the construction of the privacy fence.
Staff recommended approval of this request.
COMMISSIONER CARVER MOVED TO approve a one (1) ~ear extension of the
preliminary plat approval granted for Case S02-008, including an amendment of
Condition of Approval #2, to allow a wood and metal fence in lieu of a chain-link fence,
and to confirm the two (2) conditions of approval contained in the action letter dated
May 17th, 2002.
CONDITIONS OF APPROVAL
1. Prior to final plat approval, a drainage plan will be submitted to the KID
Engineering/Facilities Department for review and approval.
2. A six foot high wood and metal fence, similar to the fence described in
the February 25,2000 letter by the former property owner, with a
minimum opacity of 50%, is approved by the Commission as the
required screening between residential and commercial use districts, and
the fence shall be installed on the lot boundary between Lot 3 and
adjacent Lot 4, Alagnak Acres Subdivision prior to the sale of proposed
Lots 3A through 3F, or the issuance of zoning compliance or building
permits for residential construction on these lots.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper
preparation of plats required in Title 16 of the Borough Code.
P & Z Minutes: August 18, 2004 Page 4 of 6
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 the
adopted Borough plans for this area.
COMMISSIONER JANZ SECONDED the motion.
The question was called and the motion CARRIED by unanimous roll call vote.
IX. NEW BUSINESS
There was no new business:
X. COMMUNICATIONS
A) Letter dated July 19, 2004 to Gail Philips, Exxon Valdez Oil Spill Trustee Council, from
Michelle R. Stearns regarding Saupe-FY05-ShoreZone Mapping-Kodiak Island.
B) Letter dated July 22, 2004 to David L. Kelly, Department of Natural Resources, from
Michelle R. Stearns regarding Case 04-007, request for conditional use permit.
C) Newsletter dated August 2, 2004 providing updates on the Chiniak Community Plan
Update.
D) Updated Assembly Roster
E) Letter dated July 27, 2004 to Pat Carlson from Mark Kozak, City Public Works, regarding
the Kodiak Municipal Airports System Plan.
F) Letter dated July 15, 2004 to Pat Carlson from David King, Kodiak Island Sportsman's
Association, regarding a request to lease land.
G) Letter dated July 22, 2004 to David King, Kodiak Island Sportsman's Association, from
Michelle R. Stearns regarding KISA letter dated July 15, 2004.
H) Letter dated July 29, 2004 to Michelle Steams from Gail Phillips, Exxon Valdez Oil Spill
Trustee Council, regarding letter of support for the Saupe ShoreZone Mapping proposal.
There were no further communications.
COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE RECEIPT of item A through
item H of Communications. The motion was SECONDED by COMMISSIONER
BOEHLAND, and CARRIED by unanimous voice vote.
XI. REPORTS
COMMISSIONER JANZ reported that she had attended the last Assembly meeting and invited
had the Assembly members to the August 25, 2004 mobile home park work session.
A) Meeting schedule:
· August 25,2004 mobile home park code work session at 7:00pm in the KIB
conference room.
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September 8, 2004 work session at 7 :30 p.m. in the KIB Conference room.
September 15, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers.
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P & Z Minutes: August 18, 2004
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There were no further reports.
COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER CARVER, and C~ED by unanimous
voice vote.
XII. AUDIENCE COMMENTS
There were no audience comments.
XIII. COMMISSIONERS' COMMENTS
COMMISSIONER BOEHLAND: Reminded everyone to vote on August 24th.
COMMISSIONER CARVER: Also reminded everyone to vote.
COMMISSIONER FRIEND: Also reminded everyone to vote and thanked staff for all their
work.
IX. ADJOURNMENT
CHAIR FRIEND ADJOURNED the regular meeting at 7:46 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZON G MISSION
ATTEST
By:
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Erin Whipple, Secret;J;f'
Community Development Department
DATE APPROVED: September 15,2004.
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