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1999-09-22 Regular Meeting ('"....~...'.'_.h ....",-., KODIAK ISLAND BOROUGH ocr 2 8 III) PLANNING AND ZONING COMMISSION I REGULAR MEETING - SEPTEMBER 22,: 1999 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. by CHAIR TURNER on September 22,1999 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Jennifer Smith, Secretary Community Development Dept. Donna Bell Bob Himes Clarence Selig Walter Stewart Darlene Turner, Chair Commissioners Not Present Roberta Scheidler-Excused One Vacant Seat A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER STEWART MOVED TO ACCEPT the agenda as submitted. The motion was SECONDED by COMMISSIONER HIMES, and CARRIED by unanimous voice vote. LINDA FREED indicated the following item was added to the agenda, and wanted to confirm that the Commission's motion to accept the agenda as submitted also included this item. The Commission concurred that it did. 1) IX. COMMUNICATIONS-Item B) Reply letter dated September 8, 1999 to P&Z Commission from John D. Horn P.E., Regional Director, ADOT & PF Central Region, RE: Perched culverts on Pasagshak Road. P & Z Minutes: September 22, 1999 Page 1 of9 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SELIG MOVED TO ACCEPT the minutes of the August 18, 1999 Planning and Zoning Commission regular meeting, as presented. The motion was SECONDED by COMMISSIONER STEW ART, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 99-009. Request for a conditional use permit, in accordance with Section 17.13.040.F. (Conditional Uses) of the Borough Code, to permit non-recreational mineral extraction activity (placer mining) and related structures in the C- Conservation zoning district. Located in Sections 7, 8, 9, 17, and 18, T42S, R32W. Sitkinak Island. BOB SCHOLZE indicated thirteen public hearing notices were mailed with several responses received from State agencies. Therefore applicant had requested postponement, until the regular October regular meeting, in order to respond fully to the questions from the State agencies, and to be present to answer any questions the Commission might have. Staff further reported that ADF&G had sixteen questions for applicant to respond to, DNR asked three or more questions to be answered by applicant, and Staff had sent a letter to the applicant dated September 19, 1999, questioning the use of mercury or chemicals and exploration of heavy metals. Staff recommended postponement to next month's regular meeting. COMMISSIONER HIMES MOVED TO POSTPONE ACTION on Case #99- 009, and to reschedule it for public hearing at the regular October, 1999 Commission meeting. The motion was SECONDED by COMMISSIONER STEWART. Regular session closed. Public hearing opened: Seeing and hearing none. Public hearing closed. Regular session opened: The question was called and motion CARRIED by unanimous roll call vote. P & Z Minutes: September 22,1999 Page 2 of9 B) Case S99-022. Request to vacate, in accordance with Section 16.60.020 (Applicants) of the Borough Code, a portion of Perenosa Drive right-of-way between Tugidak Court and Sharatin Road adjacent to Kadiak Subdivision, 1st Addition and Trinity Island Subdivision. BOB SCHOLZE indicated eighty-three (83) public hearing notices were mailed for this case, and two were returned with one expressing support and the other opposing the request. Staff further reported two letters were received; one from the Fire Marshal and one from the Director of the City Public Works Department. The Fire Marshal commented that a transportation study should be done and full development of the area identified prior to vacating the right-of-way; and the Public Works Department Director recommended that the right-of-way should not be vacated without development of another means of looping the water system between Trinity Islands Subdivision and Sharatin Road. Staff recommended denial of the request. COMMISSIONER HIMES MOVED TO GRANT preliminary approval to the vacation of the portion of the Perenosa Drive right-of-way located between Tugidak Court and Sharatin Road adjacent to Kadiak Subdivision, 1st Addition and Trinity Island Subdivision. The motion was SECONDED by COMMISSIONER BELL. Regular session closed. Public hearing opened: Anthony "Craig" Walton-Applicant: Mr. Walton appeared before the Commission to state he understood the reason the request should not be granted until development in the area is complete. He further commented that he would like the Commission to consider the benefit of this vacation to the neighborhood in the future. He further questioned the motion procedure. CHAIR TURNER replied that motions are made in the affirmative. Matthew Hartt-Area property owner: Mr. Hartt appeared before the Commission and expressed support for the request, and further requested that the Commission consider the vacation as beneficial to the neighborhood. Public hearing closed. Regular session opened: The question was called and motion FAILED by roll call vote. Commissioner Selig, Commissioner Himes, and Commissioner Turner voted "no". P & Z Minutes: September 22, 1999 Page 3 of9 COMMISSIONER HIMES requested from the Chair or Staff if it would be appropriate to write a letter to Service District #1 expressing concerns discussed at the worksession. LINDA FREED indicated that the Service District can be provided with a copy of the file for their records if they wish. Linda further indicated that there is no current KlB code requirement to notify property owners in the future if the right-of-way is developed. The only assurance to the property owners is that current staff will notify them if there is any activity proposed for the right-of-way. CHAIR TURNER requested a file note be placed requesting property owners to be notified of future right-of-way vacation. COMMISSIONER SELIG MOVED TO ADOPT the three (3) findings for denial contained in the supplemental memorandum dated September 22, 1999 as "Findings of Fact" for this case. FINDINGS OF FACT 1. KlBC Section 16.60.010 states that the Commission shall deem the area proposed for vacation to be of value to the Borough unless proven otherwise. The burden of proof for the vacation of public land lies entirely with the petitioner. In this instance, the petitioner has not met that test. While "more traffic and dust" may be unwanted in a "small and quiet neighborhood", the convenience of adjacent property owners should not override the potential future public good realized by thoroughfare access between two major roads in a developing area. 2. The value to the Borough of this right-of-way is to accommodate traffic that will result from population infill in an area zoned for multi-family development with still many vacant lots. Another potential future need for the right-of-way is for future expansion of the sewer and water distribution system, which City Code requires be located in dedicated public right-of- way (Sections 13.80.020 and 030). It has not been established that this unimproved right-of-way dedicated to public use is surplus to all future public needs and not useful for a public purpose. 3. It would be unwise and not in the public interest to vacate right-of-way in a still developing, potentially high density neighborhood without reliance on a transportation study projecting future traffic counts and with no alternative thoroughfare access provided. Both Kodiak Area Fire and Rescue and the City Public Works Department have recommended against this vacation of right-of-way for these reasons. The motion was SECONDED by COMMISSIONER HIMES, and motion CARRIED by unanimous voice vote. P & Z Minutes: September 22,1999 Page 4 of9 C) Case 97-020. Request for a conditional use permit, in accordance with Section l7.13.040.F (Conditional Uses) of the Borough Code, to permit non-recreational mineral extraction activities, for removal of approximately 500 cubic yards of gravel from the beach within Section 12, T30S, R20W. Location is along the Chiniak Highway near Frank Creek approximately one mile past the Pasagshak road intersection in Kalsin Bay. (Postponed from the October 15, 1997, the April 15, 1998, and the September 16, 1998 regular meeting). BOB SCHOLZE indicated nine (9) public hearing notices were mailed for this case, and one was returned expressing opposition to the request. Staff reported that applicant once again requested postponement of this case pending a decision from the Administrative Law Judge regarding a land ownership dispute. Postponement has been requested until the May, 2000 regular meeting. Staff further reported that this would be the fourth postponement of this request over a two year period. Staff recommended that one last postponement be granted, but that it be made clear that no additional postponements should be extended. If ownership issues are not resolved by next May and no progress has been made in obtaining applicable DNR permits by then, the request should simply be denied. COMMISSIONER STEWART MOVED TO POSTPONE ACTION on this case one last time until the May, 2000 regular meeting. The motion was SECONDED by COMMISSIONER HIMES. Regular session closed. Public hearing opened: Seeing and hearing none. Public hearing closed. Regular session opened. The question was called and the motion CARRIED by unanimous roll call vote. D) Case S99-021. Request for preliminary approval of the vacation of proposed Block 2, Selief Estates according to Case S97 -019 (portions of Lots 4 through 10 and Lot 11, Block 3, Lakeside Subdivision), creating 18 to 20 lots in Block 2, Selief Estates, and creating a corridor between Blocks 1 and 2 of Selief Estates to be designated either as an alley and drainage ditch or as pedestrian/bicycle pathway for non-motorized access and drainage. Core area located within Selief Lane, Yon Scheele Way, and Beaver Lake Drive. (Postponed from August 18, 1999 regular meeting). P & Z Minutes: September 22, 1999 Page 5 of9 BOB SCHOLZE indicated seventy (70) public hearing notices were mailed for this case, and two were returned expressing opposition to the request. Staff further reported that discussions at, and subsequent to last month's P&Z meetings have resulted in subdivision design refinements. The revisions are continued in two new subdivision design options for the Commission's consideration. Staff recommended that the Commission postpone action on this preliminary plat until November to allow time for additional public hearing notice distribution, and to allow time for further discussion about the pros and cons of the two options with the Assembly. LINDA FREED, on behalf of the Kodiak Island Borough as the landowner in the request, expressed no objection to the postponement of the request until the November meeting. COMMISSIONER HIMES MOVED TO POSTPONE ACTION on this case until the November 17, 1999 regular Commission meeting. The motion was SECONDED by COMMISSIONER SELIG. Regular session closed. Public hearing opened: Seeing and hearing none. Public hearing closed. Regular session opened: The question was called and motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S99-008. Request for preliminary approval of the vacation of Lot 3, Block 2, Miller Point Alaska Subdivision, 1 st Addition, and replating to Lot 3A and Lot 3B, Block 2, Miller Point Alaska Subdivision, pt Addition. 449 Neva Way. (Postponed from August 18, 1999 regular meeting). BOB SCHOLZE indicated sixty-one (61) public hearing notices were mailed for this case, and none were returned. Staff recommended approval of the preliminary plat request originally submitted subject to four (4) conditions. COMMISSIONER SELIG MOVED TO GRANT preliminary approval of the vacation of Lot 3, Block 2, Miller Point Alaska Subdivision, 1st Addition, and replating to Lot 3A and Lot 3B, Block 2, Miller Point Alaska Subdivision, 1st Addition, subject to the conditions of approval contained in the summary P & Z Minutes: September 22, 1999 Page 60f9 statement dated September 15, 1999, and to adopt the findings in that summary statement as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Prior to final plat approval, the shop on proposed Lot 3B must either be removed from the lot or converted into a dwelling unit meeting all applicable building and zoning regulations, including compliance with required front yard setback. 2. As required by the City Public Works Department, prior to final plat approval individual water and sewer lines must be installed to each lot, accomplished with proper permits, inspected by the Building Department, and coordinated by the Public Works Department. 3. Prior to final plat approval, the electrical service line crossing proposed Lot 3A to service the structure on proposed Lot 3B must be removed. 4. Provide an access easement covering the existing driveway across the northeast corner of Lot 3A to benefit Lot 3B or install an independent driveway from Lot 3B to the right-of-way. 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. 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 STEWART. The question was called and motion CARRIED by unanimous roll call vote. VIII. NEW BUSINESS There was no new business. VIII. COMMUNICATIONS LINDA FREED brought to the Commission's attention the reply letter from John Horn, Regional Director from ADOT & PF, relating to the culverts by Bear Paw Ranch responding to a letter from Chairperson Turner. P & Z Minutes: September 22, 1999 Page 7 of9 COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of items A through B of Communications. The motion was SECONDED and CARRIED by unanimous voice vote. A) Letter dated August 25, 1999 to Les Seaton (Les n' Dan's Fireworks) from Linda L. Freed, Director, Community Development Department, RE: Case 99-005. *B) Reply letter dated September 8, 1999 to P&Z Commission from John D. Horn P .E., Regional Director, ADOT & PF Central Region, RE: Perched culverts on Pasagshak Road. There were no further communications. X. REPORTS BOB SCHOLZE noted the three training sessions to be presented by the AP A, with October 13th at 12:00 p.m. being the first training teleconference. Bob further extended an invitation to anyone interested in attending the training teleconference. BOB SCHOLZE further reported that Jim Guilmet called with concerns about possible revisions to the conservation-zoning district regarding commercial grazing in the PasagshaklNarrow Cape Area Plan. Bob replied to Mr. Guilmet that the area plan had not yet been adopted by the Assembly, but would notify him of upcoming Assembly worksessions and regular meeting where it will be discussed. LINDA FREED reported that the consulting firm that is working on the State Airport Master Plan would like to hold a joint worksession on October 27th or November 3rd. The Commission agreed to a joint worksession on November 3rd. COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was SECONDED by COMMISSIONER HIMES, and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS Pat Branson-Assembly Representative: Ms. Branson affirmed that she will be attending the Commission meetings for September and October, and thanked the Commission for volunteering their time serving on the Planning and Zoning Commission and for all that they do. P & Z Minutes: September 22, 1999 Page 80f9 XII. COMMISSIONERS' COMMENTS COMMISSIONER HIMES stated he would not be able to attend October's packet review worksession and the regular meeting, due to out oftown meetings/training. COMMISSIONER STEWART urged anyone in the community interested to apply for the vacancy on the Commission, and commented that serving on the Planning and Zoning Commission is a rewarding experience. XIII. ADJOURNMENT CHAIR TURNER adjourned the meeting at 8:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: ;{l ~~ Jr~ Darlene Turne ha'lr ATTEST DATE APPROVED: October 27, 1999. P & Z Minutes: September 22, 1999 Page 90f9