2001-08-15 Regular Meetinga1V LU aa1 1/L~ 1a \L LVa\V V VlL
PLANNING AND ZONING COMMISSION
REGULAR MEETING -AUGUST 15, 2001
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 August 15, 2001 in the Borough Assembly Chambers.
l~~ ROLL CALL
C~ra~.~~~a~sioners Present
P2~al .~~iexander
Iaon:~~a Bell
_:.F~1'iGit Lindsey
i::.-e~are Selig-Chair
~v ~~~;d Oswalt
d_ ; ~~~~sr~~~n was established.
~omri~,issioners not present
xwo Vacant Seats
III. ~iPPROVAL OF AGENDA
Others Present
Duane Dvorak, Director
Community Development Dept.
Martin Lydick Associate Planner,
Community Development Dept.
COMMISSIONER ALEXANDER MOVED TO APPROVE the agenda as presented.
The motion was SECONDED by COMMISSIONER Lindsey, and CARRIED by
unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER OSWALT MOVED TO APPROVE the minutes of July 18, 2001
Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests. ~>:~- ~,,, -.
P & Z Minutes:
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A) Case 01-029 Request for rezone, in accordance with KIB Code Section 17.72.030
C. (Manner of initiation), of Tract C, U.S. Survey 4947 and an unsubdivided
portion of U.S. Survey 4947 on Near Island from PL Public Use Land to RB
Retail Business.
Staff recommended approval and recommended to assembly for approval. Staff
noted that six (6) public hearing notices were sent out and one written response
was received.
COMMISSIONER LINDSEY MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of tract C, U. S. Survey 4947 and
a portion of US Survey 4947 from PL-Public Use Land to RB-Retail Business;
and to adopt the "Finding of Fact" in the staff report dated June 28, 2001 in
support of this recommendation.
The motion was SECONDED by COMMISSIONER ALEXANDER.
Regulaz session closed.
Public hearing opened:
Cheryl Boehland, resident: Ms. Boehland stated she believes public should have
more time and input on this matter. Commissioner Selig mentioned that the work
on this case has been advertised several times.
Linda Freed, City Manager: City of Kodiak: Ms. Freed read letter that
supplemented rezone request and clarified city's rezoning process.
Dan Urban, resident: Mr. Urban opposed the rezone request. More in favor of
using land for institutional support. Commissioner Selig and Commissioner
Oswalt commented.
Heazing and seeing none.
Public hearing closed.
Regulaz session opened:
The question was called, and the motion CARRIED by four (4) to one (1) roll
call vote.
B) Case SO1-015 Request for preliminary approval of the subdivision of a portion of
U. S. Survey 1736 creating Lots 1,2,3,4, and 5 Settler Cove Estates.
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with none being returned. Staff believes that request meets the intent and
specifications of title 16 subject to 4 conditions.
COMMISSIONER LINDSEY MOVED TO grant preliminary approval of the
subdivision of a portion of U. S. Survey 1736 creating Lots 1, 2, 3, 4, and 5
Settler's Cove Estates subject to the conditions of approval contained in the
supplementary summary statement dated August 15, 2001 and to adopt the
"Findings of Fact" in the staff report dated July 23, 2001
CONDITIONS OF APPROVAL
1. Engineering and soils testing for Lots 1 through 5, Settler Cove Estates, must
be provided prior to final plat approval documenting that this subdivision
design can satisfy ADEC requirements for onsite well and septic systems.
2. A ten (10) foot wide pedestrian access easement is required along the meander
line adjacent to Settler Cove for Lots 1 through 4.
3. Show a dedication of the State of Alaska road easement (Book 25, Pages 3~)8
and 399) on the final plat, or, in the alternative, incorporate the easement area
within the adjoining lots and indicate the actual lot area and the net lot area for
the purposes of compliance with C-Conservation zoning.
4. Provide a note on the final plat as follows:
"Natural drainage on Lots 4 and 5 shall not be blocked or impeded."
The motion was SECONDED by COMMISSIONER OSWALT
Regulaz session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regulaz session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
C) Case SO1-016. Request for preliminary approval of the subdivision of lot 1,
Block 3, Kadiak Alaska. Subdivision, ls` Addition creating Lots lA through 1J,
Kadiak Alaska Subdivision, 15t Addition.
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STAFF indicated 101 public heanng notices were sent out, wttn none re~ur--cu.
Staff recommended the Commission postpone action on this case and return it to
the applicant for re-design and re-submittal for the September 19, 2001 regular
meeting of the Planning and Zoning Commission.
COMMISSIONER ALEXANDER MOVED TO postpone action on Case SOl -
016 until the regular Planning and Zoning Commission meeting on Septemeber
19, 2001, and return the preliminary plat to the applicant for redesign and
resubmission.
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.
D) Case SO1-017. Request for preliminary approval of the vacation of lots 1, 2, and
Tract Q, Russian Creek Alaska ;subdivision creating Lots 1 through 9, Russian
Hill Subdivision.
STAFF recommends approval of this request subject to seven (7) conditions of
approval. Staff noted that 84 public hearing notices were sent out with none
returned.
COMMISSIONER OSWALT MOVED TO grant preliminary approval of the
vacation of lots 1, 2, and Tract Q, Russian Creek Alaska Subdivision creating
Lots 1 through 9, Russian Hill Subdivision subject to the conditions in the staff
report dated August 15, 2001.
CONDITIONS OF APPROVAL
1.) Engineering and soils testing for Lots 1 through 7 and Lot 9, Russian
Hill Subdivision, must be provided prior to final plat approval documenting
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maL tells SUDQIV151on uG51~I1 l:d[1 JallJly rw~~, 1Gllu11G111eluJ ivi v~ia~~~ w~,~~
and septic systems.
2.) The ten (10) foot wide utility and sewer easements created by Plat 69-2
shall be indicated on the final plat, or; in the alternative, the subdivider shall
submit a revised plat showing the easements and indicating the vacation of
unneeded easements within the subdivision area.
3.) As requested by KEA, show a 5-foot utility easement along the frontage
of all lots adjacent to Gaza Drive.
4.) Final Plat shall be submitted on standard 24 by 36 inch sheet(s).
5.) Obtain KIB Engineering and Facilities approval of an engineered road
design for the Gara Drive road extension and execute an inspection
agreement between the subdivider and the borough, as required by KIBC
16.70.010 A., prior to further road construction.
6.) Obtain KIB Engineering and Facilities approval of aRight-of--Way
Permit, or equivalent approval, for the road design and construction of new
road improvements located outside the subdivision area that are required to
gain access to the site.
7.) Show adjoining Lots A-lA and A-1B with dashed lines along the north
side of the subdivision area, as created by Plat 97-20.
The motion was SECONDED by COMMISSIONER ALEXANDER.
Regular session closed.
Public hearing opened:
Doug Heyes, resident: Mr. Heyes asked for cazeful review of case before
approval.
Michael Anderson, applicant: Mr. Anderson addressed concerns with his project
and concurred with staff conditions. Commissioner Selig asked for pictures of
site from Staff.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
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The question was called, and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
A.) Acceptance of letter of resignation from Commissioner Walter Stewart.
COMMISSIONER BELL MOVED TO ACCEPT Commissioner Stewart's resignation
from the Planning & Zoning Commission.
The motion was SECONDED by COMMISSIONER ALEXANDER.
The question was called, and the motion CARRIED by unanimous voice vote.
IX. COMMUNICATIONS
A) L Letter dated July 10, 2001 to Ms. Betty Lorenson from Martin Lydick, Associate
Planner-Enforcement RE: Notice of violation of an improper conduct of business
activity on Lot 11, U.S. Survey 31001ocated at 3315 Spruce Cape Road.
B) Letter dated July 13, 2001 to Mr./Ms. Joan B. Hood from Martin Lydick, Associate
Planner-Enforcement RE: Zoning violation convection on Lot 3A, Block 1, Airpark
Subdivision located at 1819 Mill Bay Road.
C) Letter dated July 17, 2001 to Mr. Socrates Balmes from Martin Lydick, Associate
Planner-Enforcement RE: Notice of violation of non conformity of a multiple family
dwelling unit on Lot 4, Block 3, Alderwood Homes Subdivision located at 1227
Selief Lane.
D) Letter dated July 17, 2001 to Mr. William Bacus from Martin Lydick, Associated
Planner-Enforcement RE: Notice of violation of storage of business related
equipment, items, and structures in R1-Single Family Residential zoning district on
Lot 26B, U.S. Survey 30981ocated at 2316 Mill Bay Road.
E) Letter dated July 31, 2001 to Mike Mitchell, Adjuticator, State of Alaska, Department
of Natural Resources, from Duane Dvorak, Director, CDD, RE: Proposed 98-acre
tideland conveyance to the City of Larsen Bay for the purpose of developing a small
boat hazbor.
F) Letter dated August 1, 2001 to Sharon Anderson, Native Village of Afognak, from
Duane Dvorak, Director, CDD, RE: request for information about Afognak Village.
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Associate Planner-Enforcement RE: Letter documenting 'the abatement of a zoning
violation.
H) Letter dated August 3, 2001, from Alan Schmitt, KIB Attorney, to Patrick Carlson.
KIB Manager, RE: 1999 Tax Foreclosure, copy of Court Clerk's Deed.
I) Letter dated July 30, 2001 to Socrates Balmes from Martin Lydick, Associate
Planner-Enforcement RE: Letter documenting the abatement of a zoning violation.
There were no further communications.
COMMISSIONER ALEXANDER MOVED TO ACKNOWLEDGE RECEIPT of
item A through item I of Communications. The motion was SECONDED by
COMMISSIONER BELL, and CARRIED by unanimous voice vote.
X. REPORTS
STAFF reported the following meeting schedule:
• September 12, 2001 Packet review work session at 7:30 p.m. in the Borough
conference room.
• September 19, 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 OSWALT and CARRIED by
unanimous voice vote.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER BELL: Commented that the regular Assembly meeting had been
changed to Aug. 21S`. She will not attend as it is a special meeting.
COMMISSIONER LINDSEY: Commented he was glad to see the Near Island project
move forward. Also, he asked to be excused from the August 22nd work session meeting.
Asked Staff if there are any potential fellow commissioners available.
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issues.
COMMISSIONER ALEXANDER: Expressed concern over future Near Island ~onin~.
Would like commission to proceed cautiously. Had questions about discussing P & Z
issues with concerned citizens outside me%tings
CHAIR SELIG: Made the statement to ask commission to use Robert's Rules during
meetings.
XIII. ADJOURNMENT
CHAIR SELIG requested a motion to adjourn.
COMMISSIONER OSWALT MOVED TO ADJOURN the regular meeting. The
motion was SECONDED by COMMISSIONER LINDSEY and CARRIED by
unanimous voice vote.
The meeting adjourned at 9:00 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSIOr
By:
Clarence Selig, air
ATTEST
~'
By:
Erin Whipple -Secret
Community Development Department
DATE APPROVED: , 2001.
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