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2006-10-18 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING I OCTOBER 18, 2006 I MINUTES fi5) [E LG [E ~ Wi lE rm ml!:~-l 6 2006 I ~ I BOROUGH CLER~\'S OFFICE 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 October 18, 2006in the Borough Assembly Chambers. ROLL CALL Commissioners Jerrol Friend - Chair David King Gary Carver Brent Watkins Dennis McMurry Casey J anz Gary Juenger Present Excused Absent Others Present Martin Lydick, Planner Community Development Dept. Sheila Smith, Secretary Community Development Dept. x X X X X X X A quorum was established. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, it CARRIED 7-0. APPROVAL OF MINUTES COMMISSIONER KING MOVED TO APPROVE the minutes as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 7-0. PUBLIC HEARINGS A. Case S07-004 . Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Lots 6A, 6B and 6C, U. S. Survey 3099, Plat No. 92-14, creating Lots 1 through 4 and 5D-l, Cut-Off Subdivision. Lydick reported the subdivider has proposed the vacation of four (4) existing lots and re- subdivision into five residential lots. The plat shows the proposed vacation of a 10 foot utility easement and the replat of an alternate easement route. Forty-two (42) public hearing notices were mailed on September 15, 2006, and two public review agencies have commented. Their concerns have been incorporated into suggested Conditions of Approval. Condition of Approval #6 pertinent to the concerns to the Army Corp of Engineers has been completed, as the applicant has provided the file with the recent jurisdictional determination and findings supporting the applicants requested fill plan for proposed Lot 2. Staff recommends approval of this request subject to conditions of approval. COMMISSIONER JANZ MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the replat of Lots 5D, 6A, 6B, and 6C, U.S. Survey 3099, including the proposed vacation of a 10 foot utility easement, in accordance with KIBC 16.60, subject to October 18,2006 P & Z Commission Meeting Minutes I L ... ! Page 1 of6 the conditions of approval contained in the staff report dated October 9, 2006, and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CHAIR FRIEND stated Mr. Anderson has worked everything out with KEA. CONDITIONS OF APPROVAL 1. Correct the vicinity map to indicate the inclusion of Lot 5D within the subdivision area. 2. Contact KEA regarding the proposal to vacate the 10' utility easement and work out an alternate solution by December 31, 2006, otherwise the vacation request shall become null and void and it will not be forwarded to the KID Assembly for final approval of the easement vacation. 3. Should the easement issues referenced in Condition #2 above be resolved by an alternative proposal prior to December 31, 2006, the utility easement vacation request shall be forwarded to the KID Assembly for review and approval. 4. Provide additional utility easements on the plat as requested by KEA in the letter dated September 19,2006, with attachments. 5. Provide a new grading and drainage plan for fill areas shown on the plat, in particular for Lot 2. The drainage plan should show the proposed stream alignment as culverted and should include a 20 foot wide, on center, drainage easement. It may be appropriate to locate the culverted drainage under the common lot boundary between Lots 2, 3 and 4 so that the easement will not encumber more than 10 feet of any lot affected by it. 6. Obtain a jurisdictional determination from the U.S. Army Corps of Engineers for the fill and grading of wetlands on Lot 2, prior to final plat approval. In the alternative, if the lot is not to be filled until after the plat completed, then a plat note shall be placed on the plat as requested by the U.S. Corps of Engineers, advising future lot owners of the requirement to obtain such approval. FINDINGS OF FACT 1. Subject to conditions of approval, 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 ofthe Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 7-0 (corrected 6-0 stated at meeting). B) Case 07-004. Request an initial review ofthe Draft Recreational Amenities Ordinance that was forwarded to the Commission with a recommendation by the KIB Parks and Recreation Committee. October 18, 2006 P & Z Commission Meeting Minutes Page 2 of6 i L ... ! Staff reported this case was initially presented to the Commission as an item of New Business on the August 2006 regular meeting agenda. No action was taken and the case was postponed to provide time for a work session. No work session was scheduled for this case so it is now appearing for public hearing as originally developed and forwarded by the Kill Parks and Recreation Committee. Staff has identified a technical correction recommended for consideration to the ordinance's title. Staff suggests that this ordinance be re-titled for inclusion in Title 16- Subdivisions of the Kill Code. As written, it appears to deal more directly with the subdivision process and overlays all other zoning districts so it won't be restricted to Rl or R2. Staff recommends the Commission schedule this for a work session and then re-schedule for a public hearing at a future date. COMMISSIONER JANZ inquired if all the trails and walkways will connect residential. Lydick stated the idea is there will be interconnecting pathways and pedestrian trail ways through all subdivisions, an attempt to provide that type of amenity through this ordinance. These types of actions are generally worked out through a subdivision Title 16 action when we look at proposed subdivisions and replats. COMMISSIONER JANZ stated she thought some of purpose was to have inter-connecting pathways in all the residential areas. She's concerned about putting it in subdivisions because the connectors between the residential areas between subdivisions would not be in Rl or R2. Lydick explained that within Title 16, the Commission has the ability to request these conditions, but this formalizes that. It wouldn't restrict the Borough from negotiating new easements or rights-of-way when they have been identified in particular residential areas. The idea is to be able to provide continuatively through all types of zoning districts for these amenities. COMMISSIONER KING MOVED TO SCHEDULE Case 07-004 for a public hearing on the December 20, 2006 regular agenda. COMMISSIONER CARVER SECONDED the motion. It was the consensus that there is a need for a special work session in the near future, and perhaps joining it with the Womens Bay Comp Plan work session. Regular session closed: Public hearing opened: Pam Foreman, Vice-Chair for the Parks & Recreation Committee spoke in support of this ordinance. She feels most concerns have been addressed and the document flows into everything that's been discussed the past year. Foreman stated Parks & Rec hasn't done any advertising or notification because they don't have the public hearing process like Planning & Zoning. Public hearing closed: Regular session opened: After a discussion, it was the consensus to advertise for a special work session so the general public and developers can give their input. COMMISSIONER CARVER MOVED TO AMEND the motion to conduct a special work session on Wednesday, November 1st at 6:00 p.m. to consider this Recreational Amenities Ordinance. COMMISSIONER McMURRY SECONDED the motion. October 18, 2006 P & Z Commission Meeting Minutes Page 3 of6 l ... !II Regular session closed: Public hearing opened: A brief discussion on advertising Public hearing closed: Regular session opened: The question was called on the main motion, and it CARRIED 7-0 (corrected 6-0 as stated at meeting). The question was called on the amended motion, and it CARRIED 7-0 (corrected 6-0 as stated at meeting). OLD BUSINESS A) Case S04-013. Request an extension with regard to original deadline with regard to original 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 at the August 18, 2004 regular meeting the Commission granted preliminary approval to the subdivision of Tract K, Russian Creek Alaska Subdivision. Borough Code permits extension of preliminary approval when evidence is present that the conditions surrounding the subdivision and applicable code provisions have not changed since the grant of original approval. Site and regulatory conditions are substantially the same as when this preliminary plat was originally approved, and therefore the preliminary plat approval period is eligible for extension according to KIBC 16.40.060 F. Staff recommends that the Commission grant a one year extension (August 18,2006 to August 18,2007) of preliminary plat approval and confirm the original four (4) Conditions of Approval. COMMISSIONER JUENGER MOVED TO GRANT a one year extension until August 18, 2007 of preliminary plat approval of Tract K Russian Creek Alaska Subdivision creating Lots K-l through K-6, subject to four (4) Conditions of Approval. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called and it CARRIED 7-0. B) Case 06-018. Womens Bay Comprehensive Plan Lydick reported this item was postponed from the August 16, and July 19, 2006 regular P&Z meetings. At the time of postponement, the Commission set a work session date for August 30,2006. Staff was directed to make certain changes to the plan and bring it back for review and public hearing in October. Because it took longer than expected for staff to make the changes and re-publish the plan, staff has downgraded the appearance of the plan on this meeting agenda to an Old Business item. Staff invites the Commission to review the revised plan and determine whether it may require additional work sessions prior to scheduling for October 18, 2006 P & Z Commission Meeting Minutes Page 4 of6 I i I L ... ! future public hearing. Staff recommends the Commission postpone this case until the November regular meeting allowing for sufficient time for additional work sessions and reschedule it for a new public hearing at that time. After a brief discussion, it was determined the sooner the better for a work session. They also requested a digital copy of the plan for each commissioner so they could make changes and track the changes, and then send them to Community Development. COMMISSIONER CARVER MOVED TO POSTPONE Case 06-018 until a work session on November 1, 2006 can be held and then reschedule the case for public hearing on December 20, 2006.COMMISSIONER KING SECONDED the motion. COMMISSIONER JANZ stated we need to be careful to be open to public comment because a lot of people have invested a lot of time and energy, and they will have revisions. The question was called, and it CARRIED 7-0. NEW BUSINESS A) Semi Annual Report of the Gravel Task Force Lydick reported this report summarizes the activities of the Gravel Task Force since we last reported in June 2006. The volunteer members remain engaged in the mission of identifying community needs for earth material resources, locating potential sources, quantifying recoverable deposits, assaying the quality of the deposits, and formulating recommendations related to the future development of these resources. Staff is pleased to present this report to the Kodiak Island Borough Assembly through the Commission and recommends passage of the attached motion. A brief discussion. COMMISSIONER CARVER MOVED TO FORWARD this memorandum to the Assembly for their action. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED 7-0. COMMUNICATIONS COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously REPORTS A) Meeting schedule: · November 1,2006 special work session at 6:00 p.m. in the KIB Conference Room · November 8, 2006 work session at 7:30 p.m. in the KIB Conference Room · November 15,2006 regular meeting at 7:30 p.m. in the Assembly Chambers CHAIR FRIEND stated he highly recommends attending the Open Meetings training on October 28, 2006 in the Assembly Chambers. B) Parks & Recreation Committee Meeting Minutes: . August 8, 2006 . August 22, 2006 October 18,2006 P & Z Commission Meeting Minutes Page 5 of6 I L ... ! COMMISSIONER CARVER MOVED TO ACCEPT reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS CHAIR FRIEND stated this was his last meeting and has submitted his letter of resignation, and he thanked everyone. He also said he has learned a lot and it will help him to understand a lot more when it comes forward. FRIEND also stated COMMISSIONER KING will be having fun. COMMISSIONER WATKINS said it has been a pleasure working with COMMISSIONER FRIEND and good luck. COMMISSIONER CARVER thanked COMMISSIONER FRIEND, and said he has been an inspiration and role model. He has been a tremendous educator, and he has served the community very well. He wishes him well in his endeavors with the Assembly. COMMISSIONER KING stated his thanks to COMMISSIONER FRIEND. Good luck, he thinks FRIEND will do good. COMMISSIONER McMURRY said it has been a pleasure working with COMMISSIONER FRIEND. Good luck in the future. COMMISSIONER JUENGER said congratulations are in order. We will miss FRIEND a lot. He has learned a lot from him in the last year. Good luck in the future. COMMISSIONER JANZ said she echoes those sentiments. She thinks FRIEND has done a great job in leading them, and keeping things in order. She is happy he will be on the Assembly, but she will miss him, too. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:15 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Qneill.o. C9n ~ Sheila Smith, Secretary Community Development Department DATE APPROVED: November 15, 2006 October 18, 2006 P & Z Commission Meeting Minutes Page 6 of6