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2001-06-20 Regular Meeting I. ; KODIAK ISLAND BOROUG~ PLANNING AND ZONING COMMISSION"'" [ , REGULAR MEETING JUNE 20, ~OO 1 JUL I 9 ?r:n! MINUTES I I KOOIA!\ ~SLAND POP0UGH ! OFfiCE OF i' F [;'jP01:-'!-l CU:Ri{ I ~'~""''''-''''''^''',<..~"...,.'''-",,"'''."" r[CEr~r~r CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR SELIG on June 20,2001 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Donna Bell Robert Lindsey Reed Oswalt Walter Stewart Clarence Selig-Chair Duane Dvorak, Director Community Development Dept. Jennifer Smith, Secretary Community Development Dept. A quorum was established. Commissioners not present Paul Alexander One vacant seat III. APPROVAL OF AGENDA COMMISSIONER STEWART MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER LINDSEY MOVED TO APPROVE the minutes of May 16,2001 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case 01-025. Planning and Zoning Commission review and approval, in accordance with KIB Code Section 17.24.060 G. (Performance standards. P & Z Minutes: June 20, 2001 Page 1 of 10 Screening), of required screening between an industrial use on a portion of U.S. Survey 2261 (Near Island Quarry Site) and a conservation use on a portion of U.S. Survey 2261 located within Section 6, Township 28 South, Range 19 West, Seward Meridian. Southeast end of Near Island along Dog Bay Road. STAFF indicated that this case is not a public hearing item. Staff further reported the Kodiak City Council recently granted a five-year approval to Brechan Enterprises to expand an existing rock extraction activities on City owned land adjoining St. Herman Harbor. Gravel extraction is a permitted use in the 1- Industrial zone; however, a zoning compliance permit is required. While reviewing the district requirements for zoning compliance, it was observed that a screening review by the Planning and Zoning Commission is required prior to the issuance of a zoning compliance permit. The City has required the installation of a chain link security fence along the boundary of completed rock extraction areas. The City does not believe that additional screening is warranted. The City owns the affected C-Conservation zoned land adjoining the rock extraction area. At this time, the City has no plans for the C-Conservation area other than extending a trail system through the area. The City notes that extraction activities are to be located below the ridgeline separating the C-Conservation and I-Industrial areas. The industrial activity, therefore, will not be generally visible from the C- Conservation zoned land. The City is currently in the process of obtaining approval for a minor boundary change to conform the I-Industrial zoning boundary to the boundary of the planned rock extraction area (Case 01-026). Staff recommended that the Commission approve the screening plan proposed by the City of Kodiak, to allow a chain link security fence to provide screening between a rock extraction use located in a I-Industrial zoned area adjoining St. Herman Harbor, and a C-Conservation zoned area in common ownership. COMMISSIONER STEWART MOVED TO APPROVE the screening plan as proposed by the City of Kodiak, in the letter dated May 21, 2001, with a location generally conforming to the proposed boundary indicated on the map submitted by the petitioner dated May 16, 2001; and to adopt the "Findings of Fact" contained in the staff report dated June 4, 2001 in support of this decision. FINDINGS OF FACT 1. The City owns the C-Conservation zoned land that is affected by this review, in addition to the I-Industrial zoned rock extraction area. 2. The C-Conservation zoned land owned the by the City of Kodiak is presently vacant. The City intends to extend a recreational trail system into the C-Conservation zoned area at the present time. The industrial area will not generally be visible from the C-Conservation zoned land because P & Z Minutes: June 20. 2001 Page 2 of 10 the rock extraction and future industrial use of the land will not be visible across the topographical ridge line of Near Island. 3. A chain link security fence will be constructed along the completed extraction areas to restrict access to the steep slope areas that will be created as a result of the rock extraction and to keep people and animals from gaining casual access to the site. The motion was SECONDED by COMMISSIONER BELL. Linda Freed, City Manager: Manager Freed agreed with staff s recommendation and was available to the Commission for any questions. The question was called, and the motion CARRIED by unanimous roll call vote. VI. PUBLIC HEARINGS A) Case 01-026. Request for a rezone (boundary change), in accordance with KlB Code Section 17.72.030 C. (Manner of initiation), of portions of U.S. Survey 2261 (Near Island quarry site) located within Section 6, Township 28 South, Range 19 West, Seward Meridian from C-Conservation to I-Industrial; and from I-Industrial to C-Conservation, per the boundary description submitted by the petitioner dated May 16,2001. South end of Near Island along Dog Bay Road. STAFF indicated six (6) public hearing notices were distributed for this case with none being returned. Staff reported that the City of Kodiak requested the rezone to clarify the boundary between I-Industrial and C-Conservation zoned lands on the south end of Near Island. The new boundary is described in the request by meets and bounds description, alleviating the need to file a subdivision plat as called for in the current zoning ordinance for the area (Ord. 88-01-0). The request is considered to be a minor amendment as it will not substantially increase or decrease the area of either zone. In addition, the boundary clarification is consistent with the design and use of the expanded St. Herman Harbor facilities. Staff recommended that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. COMMISSIONER STEWART MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the zoning amendment of Portions of U.S. Survey 2261, located within Section 6, Township 28 South, Range 19 West, Seward Meridian, from C-Conservation to I-Industrial, and from I-Industrial to C- Conservation, in accordance with the meets and bounds description prepared and submitted by the City of Kodiak, on the map dated May 16, 2001, identified therein as "Quarry Limits", and to adopt the "Findings of Fact" in the staff report dated June 4, 2001, in support of this recommendation. P & Z Minutes: June 20, 2001 Page3ofl0 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified to permit rock extraction that is needed to create sufficient upland area in support of the design and use of St. Herman Harbor. The request simply clarifies the boundary between I-Industrial and C- Conservation zoned areas, in lieu of a platted subdivision boundary. The relative area of the affected zones will remain largely unchanged. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The requested zoning amendment is considered a minor boundary change and it will have no significant effect on the objectives of the 1987 Near Island Comprehensive Plan. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Linda Freed, City Manager: Manager Freed supports the rezone request and urged the Commission to forward the request to the Assembly with a recommendation for approval. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. B) Case 01-022. Planning and Zoning Commission review and recommendation, in accordance with KIB Code Section 18.20.030 A. (Review by Planning Commission-Assembly approval), of a disposal of interest in borough land to permit a twenty (20) foot wide access easement across Lot lA, Block 6, Miller Point Alaska Subdivision 15t Addition to provide residential access to Lot 3, Block 10, Miller Point Alaska Subdivision pt Addition. 875 Lilly Drive. (Postponed from the April 18, 2001 regular meeting). STAFF indicated case was postponed from the April 18, 2001 regular Commission meeting. The Commission postponed this case for two months to allow the petitioner time to develop additional information needed to evaluate the potential impact of the requested land disposal. As of the agenda deadline for the P & Z Minutes: June 20. 2001 Page 4 of 10 June 20, 2001, the petitioner had not submitted any additional information related to this request. Further contact with the petitioner indicated that a study is currently underway to evaluate the feasibility of utilizing the Lilly Drive right-of- way extension to gain access to the petitioner's property. The petitioner has a remote fish camp and was planning on being away for most of the summer. On June 4, 2001, the petitioner submitted a request for postponement until the October 17, 2001 regular Commission meeting. Staff recommended that the Commission not open a new public hearing, as there is no new information to be placed on the record at this time. A new public hearing can be scheduled on October 17, 2001, provided the petitioner submits additional information for review by the agenda deadline of September 21, 2001. COMMISSIONER LINDSEY MOVED TO POSTPONE Case 01-022 until the October 17, 2001 regular meeting of the Kodiak Island Borough Planning and Zoning Commission, and to schedule a new public hearing at that time, provided the petitioner has submitted new information for review by September 21, 2001. The motion was SECONDED by COMMISSIONER STEWART. The question was called, and the motion CARRIED by unanimous roll call vote. C) Case 01-019. Request for a rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Tract A-I, Kadiak Alaska Subdivision, 1'1 Addition from PL-Public Use Lands to R2- Two Family Residential. Generally located along East Rezanof Drive and Sharatin Road. (Postponed from the March 21,2001 and April 18, 2001 regular meetings). Staff recommended that this case be postponed without opening the public hearing, as there is no new information to be considered by the Commission, and the case should be postponed until a preliminary plat is reviewed and approved by the Planning and Zoning Commission. COMMISSIONER OSWALT MOVED TO POSTPONE Case 01-019 until a preliminary plat for Tract A-I Kadiak Alaska Subdivision, 151 Addition has been reviewed and approved by the Commission, prior to bringing Case 01-019 back to the Planning and Zoning Commission for consideration. The motion was SECONDED by COMMISSIO~TER LIl'IDSEY. The question was called, and the motion CARRIED by unanimous roll call vote. D) Case S01-009. Request for preliminary approval of the revised subdivision of Tract F, U.S. Survey 1682 creating Lots 1 through 3, Block 1; Lots 1 through 12, Block 2; Lots 1 through 12, Block 3; Lots 1 through 4, Block 4, Woodland Estates P & Z Minutes: June 20, 2001 Page 5 of 10 Subdivision including the creation of additional right-af-ways. Puffin Drive and Plover Way. (Postponed from the May 16, 2001 regular meeting). STAFF indicated one hundred five (105) public hearing notices were mailed for this case with five (5) being returned expressing concerns. Staff's interpretation after researching the applicable City and Borough Codes, and Alaska Statutes, is that the Commission has ultimate authority over the design of the subdivision, but that the City of Kodiak has "extra territorial" jurisdiction to enforce it's Title 13 outside of City Limits. The City already exercised such power prior to the acquisition of Service District #1 water and sewer improvements as part of its management of the watershed located in the Monashka Bay drainage, outside city limits. Staff further indicated that the Commission approves whatever subdivision design it finds appropriate in this case. However, the Kodiak public works director has indicated that this action will not constrain them from requiring a 30 foot utility dedication between the proposed cul-de-sacs. The reason for this requirement is the City will require a 10 foot separation between the water and sewer line. With this kind of separation, a 20 foot dedication will not allow adequate clearance outside of the lines. Staff recommended approval of the request subject to nine (9) conditions of approval. COMMISSIONER BELL MOVED TO GRANT preliminary approval of the revised subdivision of Tract F, U.S. Survey 1682 creating Lots 1 through 3, Block 1; Lots 1 through 12, Block 2; Lots 1 through 12, Block 3; Lots 1 through 4, Block 4, Woodland Estates Subdivision including the creation of additional right-of-ways, subject to the conditions of approval contained in the supplemental summary statement dated June 20, 2001, and to adopt the findings contained in the staff report dated June 5, 2001 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Submit engineered plans for required water and sewer improvements to the City of Kodiak Public Works for review and approval. 2. Submit a plan for fire hydrant spacing to the City of Kodiak Fire Marshal for review and approval. 3. Create the utility easements requested in the KEA memorandum dated May 7, 2001 on the final plat. 4. Include a note on the final plat indicating that natural drainage ways shall not be blocked or impeded. 5. An engineered drainage plan for the subdivision must be submitted to the Kodiak Island Borough Engineering and Facilities Department or Community Development Department for review and approval. P & Z Minutes: June 20. 2001 Page 6 of 10 6. Place a note on the final plat stating: In the course of developing individual lots in this subdivision, naturally occurring pond areas, so indicated on this plat, shall not be filled or excavated. 7. Provide a temporary turnaround or cul-de-sac easement on the final plat to provide for access by public safety vehicles. Final approval of the plat will be subject to the acceptance of the turnaround by the fire chief of the applicable jurisdiction. 8. Rename Puffin Drive to be Puffin Circle. Provide street names for the unnamed cul-de-sac and road extension intersecting with Plover Way. 9. The width of the proposed utility dedication must be at least twenty (20) feet in width. The petitioner may substitute a utility easement for the utility dedication, subject to review and approval by the City of Kodiak Public Works, as previously indicated in Condition #1 above. 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. Regular session closed. Public hearing opened: Giovani Tallino, property owner: Mr. Tallino expressed concern with the development of Coho Lane and requested that Coho Lane be designated as a pedestrian access easement to Mill Bay Beach. Jennifer Spencer, property owner: Ms. Spencer expressed concerned with development of the subdivision and the traffic impact it will create. Ms. Spencer did not support the subdivision request. Karen Still, property owner: Ms. Still expressed concerns with traffic impact and the inadequacies of Coho Lane. P & Z Minutes: June 20. 2001 Page 7 of 10 Kristin Shank, concerned resident: Ms. Shank was concerned with all the clear cutting that has and is occurring in the Woodland Acres subdivisions. Ms. Shank did not support the subdivision request. Lloyd Benton, petitioner: Mr. Benton also expressed his concern with the development of Coho Lane. Mr. Benton addressed the concerns with clear cutting in area. Mr. Benton agreed to all conditions of approval that staff has recommended. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS A) Letter dated May 21, 2001 to Mr. Don Kuhle, Corp. of Engineers-Anchorage from Bob Scholze, Associate Planner RE: Reply comments to a wetland fill application for Lots 1, 2, and 5, Block 2, Kadiak Alaska Subdivision, pI Addition located at 3181 and 3319 Sharatin Road and 3244 Perenosa Drive. B) Letter dated May 22,2001 to Mr. and Mrs. William Burton, Kodiak Game Ranch and Bernie Karl, K&K Recycling, Inc. from Duane Dvorak, Director RE: Potential zoning violation relating to a conditional use permit issued for a lodge located on U.S. Survey 4965 at 50838 Narrow Cape Road. C) Letter dated May 23, 2001 to Mr. Jim Jones, Kodiak Repair Service from Martin Lydick, Associate Planner/Enforcement RE: Notice of violation on Lot 23B, U.S. Survey 3099 at 2657 Metrokin Way. D) Letter dated May 24, 2001 to Mr. Don Kuhle, Corp. of Engineers-Anchorage from Bob Scholze, Associate Planner RE: Reply comments to a wetland fill application for Tract F, U.S. Survey 1682 located at Plover Way. E) Letter dated May 25, 2001 to Ms. Linda Freed, Manager, City of Kodiak from Duane Dvorak, Director RE: Similar use determination. P & Z Minutes: June 20, 2001 Page 8 of 10 There were no further communications. COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of item A through item E of Communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: . July 11, 2011 = Packet review work session at 7:30 p.m. in the Borough conference room. . July 18,2001 = Regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER BELL MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER BELL encouraged any women interested in applying for a P&Z seat to do so since currently there is a vacant seat. COMMISSIONER OSWALT would like to see the tax basis increase for the Kodiak Island Borough. COMMISSIONER LINDSEY would like the Womens Bay Comprehensive Plan to move forward and an update on the Cliff Point area. XIII. ADJOURNMENT CHAIR SELIG adjourned the regular meeting. The meeting adjourned at 8:40 p.m. P & Z Minutes: June 20, 2001 Page 9 of 10 ATTEST By: DATE APPROVED: July 18,2001. P & Z Minutes: June 20, 2001 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Page 1001'10