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2002-03-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MARCH 20, 2002 MINUTES I. 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 March 20, 2002 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Jake Ketscher Duane Dvorak, Director Robert Lindsey Community Development Dept. Cheryl Boehland Erin Whipple, Secretary Barbara Williams Community Development Dept. Clarence Selig-Chair Reed Oswalt A quorum was established. Commissioners not present One vacant seat III. APPROVAL OF AGENDA COMMISSIONER SELIG announced that agenda item A, Case 02-007, has been postponed and that agenda item F, Case 02-004, was withdrawn prior to the meeting. COMMISSIONER LINDSEY 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 CONiivl`ISSlON"BR LIIv'DSEY MOVED TO APPROVE the minutes of February 20, 2002 Planning and Zoning Commission regular meeting as submitted. The motion was .•~.*......r.~~..~....~.-.....,, SECONDED by COMMISSIONER OSWALT, and ARRIE by unammous voice vote. r~;!"~; -..~ Alit 2 ~ 2002 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) HDR Alaska, Inc had requested the opportunity to speak to the Commission in regadds to the Airport Master Plan. Josh Hedberg: Outlined HDR's roll in updating the Kodiak Airport Master Plan. Presented the objectives of the master plan and the public's involvement. Robin Rike (sp?), Environmental Planner, Outlined the NEPA requirements of the Airport Master Plan. B) Case 01-022: This is now an old business case so comments had to be taken at this point. Tom Bower, citizen: Asked that access to his property be considered in the land disposal case. George Hideg, citizen: Spoke against the land disposal due to potential future needs for the school and safety of children in school. Nick Szabo, citizen: Spoke regarding ability to contact commissioners regazding this case. Clazk Yatsik, applicant: Spoke in regards to his application and his reasoning behind it. VI. PUBLIC HEARINGS A) Case 02-007. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040.F (Conditional use), to permit anon-recreational gravel extraction activity located within T27S, R20W, Section 24, Sewazd Meridian on Monashka Bay Road, otherwise known as the "Vista View Borrow Area." This case was postponed by agenda amendment. B) Case S02-003. Request for preliminary approval of the subdivision of Tract L, Russian Creek Alaska Subdivision (Plat 69-02) creating Tracts L-1 and L-2, Russian Creek Alaska Subdivision and the vacation of a ten (10) foot wide sewer easement. STAFF indicated eighteen (18) public hearing notices were distributed for this case with none being returned. Staff recommended that action on this case be postponed until the April, 2002 regular Commission meeting to allow for required public notice for vacation of the sewer easement. Regular session closed. Public hearing opened: Doug Peterson, representative for applicant: Spoke against postponement of case. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER BOEHLAND MOVED TO postpone action on this subdivision request until the April 17, 2002 Commission meeting. The motion was SECONDED by COMMISSIONER WILLIAMS. The question was called, and the motion CARRIED four to two. COMMISSIONER OSWALT MOVED TO initiate investigation of a rezone of properties bordered by Panamaroff Creek Drive, South Russian Creek Road, and Cottonwood Circle in Bells Flats from B-Business to RNC-Rural Neighborhood. The motion was SECONDED by COMMISSIONER BOEHLAND. COMMISSIONER LINDSEY stated a potential financial conflict of interest that would arise from the rezoning of this area. The COMMISSION unanimously excused him from voting. 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. C) Case 02-005. Request for a conditional use permit, in accordance with KIB Code Section 17.21.030.A (Conditional Uses), to permit the conversion of an existing commercial building into a church located on Tract D-2, US Survey 1396 STAFF indicated sixty-seven public hearing notices were distributed for this case with none being returned. Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a conditional use permit to be granted under Chapter 17.67 (Conditional Use Permits) of the Borough Code COMMISSIONER OSWALT MOVED TO grant a request for a conditional use permit in accordance with KIB Code Section 17.21.030.A to permit an existing commercial structure in the B-Business zoning district to be converted to a church on Tract D-2, U.S. Survey 1396; and to adopt the findings contained in the staff report dated March 5, 2002 as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER LINDSEY. Regular session closed. Public hearing opened: Kerri Kaune, agent for applicant: Presented herself to answer any questions from the Commission. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 02-006 Request for a rezone, in accordance with KIB Code Section 17.72.030 C. (Manner of initiation), of Lot 12B, Block 3, Island Lake Subdivision from B-Business to R2 -Two Family Residential. STAFF indicated thrity-eight (38) public hearing notices were mailed for this case, one was returned in favor of the request. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. COMMISSIONER WILLIAMS MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 12 B, Block 3, Island Lake Subdivision from B-Business to R2 Two Family Residential. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17 72 020 A Findings as to the Need and Justification for a Change or Amendment. A rezone to R2-Two family residential would conform to the existing duplex use of the property as well with the duplex use on the adjacent lot. It would also be consistent with the rezoning of all of the lots in Block 1 of Island Lake Subdivision to R2 two years ago (Ordinance 2000-20). The proposed rezone from B-Business to R2 can be viewed as a voluntary downzoning which will potentially reduce density and alleviate overcrowding in an area characterized by lots substandard in size and roads substandard in width and lacking improvements. 17 72 020 B Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of Lot 12B to R2 would not only be consistent with the medium density residential designation in the KIB Comprehensive Plan, but also with the adjacent zoning and use on Lot 3 immediately south and, in general, with the prevailing zoning and use further south in Shahaflca Acres and Miller Point Alaska, First Addition Subdivisions. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Doug Bunting, applicant: Presented himself to answer any questions from the Commission. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. E) Case 502-004. Request for preliminary approval of the subdivision of Lot lA, Block 7 Miller Point Alaska Subdivision (Plat 87-21) creating Lots 1 through 7, Elementary Heights Subdivision. STAFF indicated that twenty-five (25) public hearing notices were sent out with none being returned. Staff recommends approval of this request subject to four (4) conditions of approval. COMMISSIONER OSWALT MOVED TO grant preliminary approval to the subdivision of Lot lA, Block 7, Miller Point Alaska Subdivision, creating Lots 1 through 7, Elementary Heights Subdivision, subject to the four conditions of approval contained in the staff report dated March 6, 2002, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. a4..fiio r~~ ~i~o4~n.~rio lDT7T~~11 /QQ1 r'1 irln.~*i~c~ i+r~ rr~..nocrl T n+n 1 nr~.~l 7 1..~ *L.o Place a note on the final plat stating: "No fill is permitted in wetlands on Lots 1 and 2 identified by the U.S. Fish and Wildlife Service wetlands identification mapping without written authorization from the Corps of Engineers." 2. A drainage plan consistent with the COE jurisdictional determination and demonstrating that there will by no negative impacts to neighboring properties resulting from site development must be submitted for review and approval prior to final plat approval. 3. Place a note on the final plat stating: "Only one driveway access is permitted onto Mallard Way south of the property. This driveway access will be located at the flagstem of Lot 6 and will be the only driveway access serving Lots 5, 6 and 7." To accommodate this, the front forty (40) feet (nearest Mallard Way) of the flagstem of proposed Lot 6, as well as the corresponding five (5) foot width of proposed Lots 5 and 7 adjoining the flagstem, will be designated as an access easement for the benefit of Lots 5, 6 and 7, so that all three lots will have forty (40) foot wide driveway access onto Mallard Way south at the same point. 4. AS requested by ILEA, plat a utility easement ten (10) foot each side of the north-south lot line common to proposed Lots 1 and 2, extending southerly across proposed Lots 6 and 7, including the thirty (30) foot wide flagstem of proposed Lot 6; and also an electrical easement ten (10) feet each side of the east-west lot line between proposed Lots 1 and 2 and proposed Lot 6, and between proposed Lots 2 and 3 and proposed Lot 4, as highlighted on the plat copy returned from KEA dated March 6, 2002. Unless it is removed, plat a ten (10) foot wide utility easement centered on the electrical service line across proposed Lot 3 serving the house on proposed Lot 4, including the pole guy, as indicated on the plat copy dated March 6, 2002. In the alternative, satisfy the requirements of KEA for easements accommodating installation of underground electrical service. FINDINGS OF FACTS 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 LINDSEY. Regulaz session closed. Public hearing opened: Kevin Arndt, agent for applicant: Mr. Arndt presented himself for questions from the Commission and reviewed conditions of approval with the Commissioners. Hearing and seeing none. Public hearing closed. Regulaz session opened: COMMISSIONER LINDSEY MOVED to amend condition of approval number three (3) to read: Place a note on the final plat stating: "Only one driveway access is permitted onto Mallard Way south of the property. This driveway access will be located at the flagstem of Lot 6 and will be the only driveway access serving Lots 5, 6 and 7." To accommodate this, the front forty (40) feet (neazest Mallazd Way) of the flagstem of proposed Lot 6, as well as the corresponding five (5) foot width of proposed Lots 5 and 7 adjoining the flagstem, will be designated as an access easement for the benefit of Lots 5, 6 and 7, so that all three lots will have forty (40) foot wide driveway access onto Mallard Way south at the same point. The amendment was SECONDED by COMMISSIONER WILLIAMS. The question was called, and the amendment to the main motion CARRIED by unanimous roll call vote. The question was called on the main motion, as amended, and CARRIED by unanimous roll call vote. F) Case 02-004. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040.D (Conditional Uses), to permit a lodge, with provisions for more than six (6) clients, in the C -Conservation Zoning District located within Township 315, Range 22W, Section 12 near Saltery Cove. This case was withdrawn prior to the regular meeting. G) Case 502-005. Request for a vacation of the access component of a twenty (20) foot wide access and utility easement on Lot 6C, Block 4, Bells Flats Alaska Subdivision (Plat 85-29), resulting in a twenty (20) foot wide utility easement only. STAFF indicated thirty-eight (38) public hearing notices were distributed for this request with none being returned. Staff recommends that this request be approved subject to two conditions of approval. COMMISSIONER WILLIAMS MOVED TO grant preliminary approval to the vacation of the access component of a twenty (20) foot wide access and utility easement on Lot 6C, Block 4, Bells Flats Alaska Subdivision (Plat 85-29), resulting in a twenty (20) foot wide utility easement only, subject to the conditions of approval contained in the staff report dated March 6, 2002, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Transfer the three (3) plat notes from Plat #85-29 to the final plat, stating: 1. All water carried domestic sewage systems must be designed by an engineer registered in the state of Alaska and approved by the Alaska Dept. of Environmental Conservation prior to installation. 2. Refer to Plat No. 69-4 for existing sewer easement dedication. 3 Natural drainage courses and streams shall not be blocked or impeded. 2. Review and approval of the vacation of the access component of the easement is required by the Assembly according to KIBC Section 16.60.060 prior to recording the plat. 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 LINDSEY. Regulaz session closed. Public hearing opened: Amy Deer, applicant: Presented herself to the Commission for questions. After clarification, agreed to conditions of approval. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. H) Case 02-001. Request for 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 request under KIBC 18.20.060.A, to acquire a portion of Borough land for fair market value, described as a portion of Lot lA, Block 6, Miller Point Alaska Subdivision (Northstaz Elementary School Site) and a portion of Lot 1, Block 9, Miller Point Alaska Subdivision First Addition. (Amended from prior request that was postponed by the Planning and Zoning Commission on May 6, 2001. STAFF indicated that public hearing notices were sent out on this request and the case was advertised in the Kodiak Daily Mirror. Staff has recommended that the Commission recommend to the Assembly that these three tax foreclosed properties be declared not to be of "public need" and offered at a future KIB land sale. COMMISSIONER KETSCHER MOVED TO recommend to the Kodiak Island Borouggh Assembly that the following three (3) tax foreclosed parcels are declazed not to be of "public need" and be offered at a future KIB land sale: Lot 1, Block 9, Old Harbor Townsite Third St. (Tract F and Ptn. Tract E, U.S. Survey 4793) (7,500 sq. ft.) T31S, R28W, SM. Tax Lot 3204 (9.5 acres) Amook Bay. T30W, R28W, SM. Tax Lot 1811(10 acres) Unplatted Zacher Bay The motion was SECONDED by COMMISSIONER WILLIAMS. Regular session closed. Public hearing opened: Chris Mullaney, US Fish & Wildlife: Spoke as to why F&G would like the properties in Zachaz Bay and Amook Bay declared for public need. Hearing and seeing none. Public hearing closed. Regulaz session opened: The question was called, and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 01-022. Planning and Zoning Commission review and recommendation, in accordance with KIB Code Section 18.20.030 A. (Review by Plaiuung Commission- Assembly approval), of a request under KIBC 18.20.060.A, to acquire a portion of Borough land for fair market value, described as a portion of Lot lA, Block 6, Miller Point Alaska Subdivision (Northstaz Elementary School Site) and a portion of Lot 1, Block 9, Miller Point Alaska Subdivision First Addition. (4rnended from prior request that was postponed by the Planning and Zoning Commission on May 6, 2001.) Staff reported on past history of this case. This case was forwarded to the Assembly after the Planning & Zoning Commission's failed motion at the February 2002 regulaz meeting. The Assembly sent the case back to Planning & Zoning requesting a resolution either in favor of or against land disposal. Staff presented Chair Clarence Selig's resolution 2002-01 substitute in addition to resolution 2002-01 and resolution 2002-04 for the commission's consideration. COMMISSIONER SELIG MOVED to make the resolution 2002-01 (substitute) as a substitute for resolution 2002-01 of the original draft. The motion was SECONDED by COMMISSIONER LINDSEY. The question was called for and the motion CARRIED four to one by roll call vote, with one commissioner abstaining from voting. Commissioner Williams was the one nay vote and Commissioner Ketscher abstained. COMMISSIONER BOEHLAND MOVED to adopt resolution 2002-01 (substitute). The motion was SECONDED by COMMISSIONER LINDSEY. The question was called for and the motion CARRIED four to one by roll call vote, with one commissioner abstaining from voting. Commissioner Williams was the one nay vote and Commissioner Ketscher abstained. VIII. NEW BUSINESS A) Election of Chair and Co-chair. COMMISSIONER OSWALT was nominated for Chair by COMMISSIONER LINDSEY. COMMISSIONER SELIG was nominated for Chair by COMMISSIONER OSWALT. COMMISSIONER WILLIAMS was nominated for Co-Chair by COMMISSIONER OSWALT. Voting was done by ballot and COMMISSIONER SELIG was elected Chair and COMMISSIONER WILLIAMS was elected Co-Chair. COMMISSIONER OSWALT MOVED to accept the appointment of COMMISSIONER SELIG as Chair and COMMISSIONER WILLIAMS as Co-Chair by acclamation. The motion was SECONDED by COMMISSIONER KETSCHER The motion CARRIED by unanimous roll call vote. IX. COMMUNICATIONS A) Notice of violation dated 1/29/02 from Martin Lydick to Philip and Rachel Rigby. B) Notice of violation dated 2/5/02 from Martin Lydick to Rose Cobis. C) Letter dated 2/11/02 from Duane Dvorak to Mark Mayo regarding comments on the Draft Kodiak Airport Master Plan. D) Notice of violation dated 2/13/02 from Martin Lydick to Eric & Teresa Schneider. E) Notice of complaint and finding dated 2/13/02 from Martin Lydick to Eric & Teresa Schneider. F) Notice of violation dated 2/13/02 from Martin Lydick to Eric and Teresa Schneider. G) Notice of violation dated 2/13/02 from Martin Lydick to Eric and Teresa Schneider. H) Notice of violation dated 2/13/02 from Martin Lydick to Eric and Teresa Schneider. I) Letter dated 2/26/02 from Martin Lydick to Robert & Julie Coyle regarding thank you for cooperation in correcting zoning violation. J) Letter dated 2/26/02 from Martin Lydick to Joseph Slusser regarding thank you for cooperation in correcting zoning violation. K) Letter dated 3/8/02 from Bob Scholze to Randy & Charlene Chase regarding Lot 71-1, USS 3098 -Zoning compliance Permit Expiration (CZ-O1-041). There were no further communications. COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item A through item K of Communications. The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: • Packet review work session April 10, 2002 at 7:30 p.m. in the Borough conference room. • Regular meeting April 17, 2002 at 7:30 p.m. in the Assembly Chambers. • A copy of the open meetings act was distributed to all the Commissioners. There were no further reports. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS Nick Szabo, citizen: Spoke regarding the Alaska Open Meetings Act. XII. COMMISSIONERS' COMMENTS COMMISSIONER OSWALT: It's always interesting. COMMISSIONER KETSCHER: No comment. COMMISSIONER BOEHLAND: Welcomed Commissioner Ketscher aboard. COMMISSIONER WILLIAMS: Welcomed Commissioner Ketscher and wished Steve a belated birthday. Thanked everyone for the vote of confidence in making her co-chair. The past couple months have been difficult for the Commission. Wish they had spend more time on that night's case that was forwarded to Assembly (Case 01-022). COMMISSIONER LINDSEY: Things come up, it's afact-finding journey. Felt personally attacked by some information sent to the Commission by the public. Glad to see the public's participation in the process. COMMISSIONER SELIG: Commissioner Oswalt informed that chair that he would be gone 3/29 - 5/2. Commissioner Williams will be gone 4/10 - 5/8. Thank you for the vote of confidence in electing him Chair again. He will do the best he can. The Commission has gone through some hectic case loads the last couple months and he wished to compliment staff for their support and the Commission for their work. Welcomed Commissioner Oswalt back. XIII. ADJOURNMENT CHAIR SELIG adjourned the meeting. The meeting adjourned at 10:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Clarence S Ch ATTEST By. Erin Whipple, Secret Community Development Department DATE APPROVED: April 17, 2002.