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2004-07-21 Regular Meeting LA r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI REGULAR MEETING JULY 21, 2004 MINUTES E =1 E : :4E ~ 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 July 21, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Michelle R. Steams, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Lori Demi, Drafting Technician Community Development Dept. Jerrol Friend - Chair Cheryl Boehland Gary Carver Casey Janz David King Dennis McMurry Reed Oswalt ( 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 OSWALT MOVED TO APPROVE the minutes of the May 19, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER JANZ, 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 S04-009. Request for a vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement along the west lot line of Aleutian Homes Subdivision, Block 8, Lot 17. { P & Z Minutes: July 21, 2004 Page 1 of 5 l"'~:: .-.... ; " '; ~~~~':~T1r"~":T'~r7;:~l ~-.~. "'''h..._,... 'S'fpa.~:rep,orted one hundred twenty-eight (128) public hearing notices were distributed a'. . 'I \^,.9l thi..S f~qb.,..' est with none returned prior to the meeting. Staff recommended approval of ~lIIIr:'" . . tnfS r~q.U~r L_I '.' ,);..':S~S!ION~R CARVER MOVED TO grant pre~i~inary approval of the vacation, ~'.'''--''''''''''-'-'-''''"'-''.''oH+..acj;;a:tdahce wIth KIBC 16.60, of a ten (10) foot utIlIty easement, along the west lot line of Aleutian Homes Subdivision, Block 8, Lot 17, and to adopt the findings in that staff report as "Findings of Fact" for this case. 1. 2. . 3. 4. 5. B) . CONDITIONS OF APPROVAL [1] Prior to becoming final, this application for vacation must be reviewed by the Kodiak City Council. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Council approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. FINDINGS OF FACT This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. This request for vacation does not unduly diminish the public's interests. This request for vacation does not unduly prejudice surrounding private property interests. 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. Case S04-010. Request for preliminary approval of a replat, in accordance with KIBC 16.40, of Russian Hill Subdivision, Lot 4 and Russian Creek Alaska Subdivision, Lots A-IA and A-IB creating Russian Hill Subdivision, Lot 4A and Russian Creek Subdivision, Lots A-IA-l and A-I B-1 and the vacation, in accordance with KIBC P & Z Minutes: July 21,2004 Page 2 of5 r 16.60, of a ten (10) foot utility easement running through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A-IA and A-IB. STAFF indicated nineteen (19) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 4 Russian Hill Subdivision, and Lots A-IA & A-IB Russian Creek Subdivision, and the vacation, in accordance with KmC 16.60, of a ten (10) foot utility easement, through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A-I A and A-I B, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [1] 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. [2] The application for utility easement vacation must be reviewed by the Kodiak Island Borough Assembly prior to becoming final. FINDINGS OF FACT r 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. 1. 3. This request provides a vacation of a utility easement 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 CARVER. Regular session closed. Public hearing opened: Hearing and seeing none. r Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. P & Z Minutes: July 21, 2004 Page 3 of 5 . . . VIII. OLD BUSINESS A) GIS Needs Assessment Pinal Report - June 2004. IX. NEW BUSINESS A) Resolution requesting the Assembly appoint a Task Force to Study Gravel Needs and Issues. COMMISSIONER CARVER MOVED TO ADOPT the resolution as presented. The motion was SECONDED by COMMISSIONER JANZ and carried by unanimous voice vote. B) Fiscal Year '05 Alaska Coastal Management Program Requirements. COMMISSIONER CARVER MOVED TO ACCEPT the report as submitted. The motion was SECONDED by COMMISSIONER KING and carried by unanimous voice vote. C) Staff analysis of Commissioner King's Draft Revisions to KIBC 17.26. The Commission agreed through general consensus to hold a work session to discuss this issue August 25,2004 at 7:00pm. x. COMMUNICATIONS A) Letter dated May 11, 2004 to Darlene Williamson, Associate Broker, GRI from Martin Lydick regarding New Kodiak Townsite, Block 3, Lot 17. B) Letter dated May 27, 2004 to Lisa Holzapfel, RTCA Program Manager from Michelle Stearns regarding continuation ofRTCA Assistance in FY '05. C) Public Notice of the AADC request for extended management of authority. KIB Assembly Resolution 2004-19 D) E-mail dated June 10,2004 from Ruth Booth, DNR, regarding Kodiak Area Plan status. E) Letter dated May 11, 2004 to Erdman Family Ltd Partnership from Duane Dvorak regarding Notice of Denial. F) Letter dated June 24, 2004 to Tony Drabek, Chief Executive, Natives of Kodiak, from Michelle Steams reQ'aniing final annroval of S91-0T1. -.--------- - -------- - -0--- ----0 ------- --rr- - . --- -- -- - -- -- There were no further communications. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE RECEIPT of item A through item F of Communications. The motion was SECONDED by COMMISSIONER MCMURRY, and CARRIED by unanimous voice vote. P & Z Minutes: July 21,2004 Page 4 of5 XI. REPORTS "... STAFF reported the following meeting schedule: · August 11,2004 work session at 7:30 p.m. in the KIB Conference room. · August 18,2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER MCMURRY MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS There were no Commissioner comments. IX. ADJOURNMENT r CHAIR FRIEND ADJOURNED the regular meeting at 8:05p.m. KODIAK ISLAND BOROUGH PLANNING AND ZO G C MISSION By: ATTEST By: Erin Whipple, Secretary Community Development Department DATE APPROVED: August 13,2004 r P & Z Minutes: July 21,2004 Page 5 of 5