2001-11-21 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING NOVEMBER 21, 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 November 21, 2001 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Donna Bell
Cheryl Boehland
Barbara Williams
Clarence Selig-Chair
Reed Oswalt
A quorum was established.
Commissioners not present
Paul Alexander-Excused by
Chair
Robert Lindsey-Not excused
III. APPROVAL OF AGENDA
Others Present
Duane Dvorak, Director
Community Development Dept.
Erin Whipple, Secretary
Community Development Dept.
COMMISSIONER BELL MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by
unanimous voice vote.
IV. NIINUTES OF PREVIOUS MEETING
COMMISSIONER BELL MOVED TO APPROVE the minutes of the Planning &
Zoning Commission regular meeting, October 17, 2001 and the minutes of the Planing &
Zoning Commission special meeting, September 26, 2001 as submitted. The motion was
SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice
vote. ,.~.,.. ___ ~ Ym.
yp.. r~l'1 Jq
V. AUDIENCE COMMENTS AND APPEARANCE REQUE~TS SL
~- - ~_
`~ ~ ' ~
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 01-034. Request for a rezone, in accordance with KIB Code Section
17.72.030 c. (Manner of Initiation), of Alaska State Land Survey 90-151, from
WH-Wildlife Habitat to RD-Rural Development.
STAFF indicated six (6) public hearing notices were distributed for this case with
one (1) being returned against the rezone. Staff recommended that the
Commission forwazd this case to the Assembly with a recommendation for
approval, subject to two (2) effective clauses, because this rezone request is
located in the development with restrictions classification area and is generally
consistent with the enforceable policies of the KIBCMP.
COMMISSIONER BELL MOVED TO recommend that the Kodiak Island
Borough Assembly approve the rezoning of ASLS 90-151, a 3.46 acre pazcel of
land, from WH-Wildlife Habitat to RD-Rural Development, subject to two (2)
effective clauses, and to adopt the findings of fact in the staff report dated October
10, 2001 as findings of fact for this case.
EFFECTIVE CLAUSES
1. The property owner shall submit a written request for the withdrawal of
Rezone Case 93-044, prior to the rezone in this case becoming effective.
2. The property owner shall submit a current as-built survey showing the
location of the lodge structure on ASLS 90-151, and submit a completed
zoning compliance permit, along with the required fee, for review and
approval by the Community Development Department to update the
official record as to the nature of the structures and use on ASLS 90-151
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 from WH--Wildlife Habitat to RD--Rural Development is needed and
justified because the RD--Rural Development zoning district permits development
that:
A. is consistent with the type of development that private land owners
increasingly want to develop in remote areas of the Borough;
B. will not increase the nonconformity of any nonconforming uses or
structures, subject to an effective clause requiring zoning
compliance prior to the effective date of the rezone;
C. must be setback from marine and anadromous waters unless the
use developed is water dependent;
D. will result in a sensible and efficient use of coastal lands;
E. allows for a balance of uses, due to the range of uses permitted,
which will not favor short run gains at the expense of long-term
benefits, and;
F. will be coordinated with the applicable State and federal agencies,
to the appropriate extent, when new development occurs;
G. the nearest existing RD-Rural Development zoned sites (4) are
located 8 to 10 miles distant at the head of Ugak Bay (2) and on
Hidden Basin (2).
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
A change of zoning from WH--Wildlife Habitat to RD--Rural
Development on ASLS 90-151, a 3.46 acre tract located along the south shore of
Ugak Bay, is generally consistent with the applicable policies of the Kodiak
Island Borough Coastal Management Program. The KIBCMP is an adopted
component of the Kodiak Island Borough's comprehensive plan. The tract is
located in the area designated by the KIBCMP for Development with Restrictions.
Subsequent review of development on ASLS 90-151 will be subject to RD-Rural
Development zoning district standards which are comprehensive, flexible, and
based in large part upon the applicable sections of the KIBCMP.
The motion was SECONDED by COMMISSIONER BOEHLAND.
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.
B) Case SO1-022. Request for preliminary approval of the subdivision of Block 2,
Selief Estates creating Lots 1-21, Block 2, Selief Estates Subdivision. Located
within Block 2 Selief Estates, bounded by Von Scheele Way, Beaver Lake Drive
and Selief Lane.
STAFF indicated seventeen (45) public hearing notices were distributed for this
case with none being returned. Staff recommended that this case be postponed
until next month's meeting.
CONIlVIISSIONER OSWALT MOVED TO postpone Case SO1-022 until the
next regular meeting of the Planning and Zoning Commission, on December 19,
2001, provided that the subdivider resubmits an appropriate number of revised
subdivision plat copies by November 26, 2001. In the interim, the plat shall be
returned to the subdivider for redesign of access to interior lots to provide for
dedicated right-of--way access and frontage in accordance with KIBC
16.40.OSO.B.8 and other applicable provision of KIBC Title 16.
The motion was SECONDED by COMMISSIONER WILLIAMS.
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 01-038. Request for a street name change, in accordance with KIB Code
Section 12.10.030A, to change the name of Scout Circle to Dark Lake Road
STAFF indicated eight (8) public hearing notices were sent out for this case with
none being returned. Staff recommended that the Commission maintain the street
name of Scout Circle as currently reflected on Plat 93-12. It was noted that the
address change process for the private road could be accomplished
administratively and had already been completed by staff. It may take 2 to 3
weeks to fully implement the new addresses. The affected property owners will
be notified.
COMMISSIONER BOEHLAND MOVED TO adopt a resolution changing the
name of Scout Circle.
The motion was SECONDED by COMMISSIONER BELL.
Regular session closed.
Public hearing opened:
Ron Fried, resident: Thanked Commission for their work on this case. Is in favor
of Staff's recommendation.
Lois Stover, petitioner: Stated that Staff's recommendation is agreeable to her.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, there were three (3) yays and two (2) nays. When asked
if they would like to change their vote, a113 yays, COMMISSIONER OSWALT,
COMMISSIONER WILLIAMS, and COMMISSIONER BELL, changed their
vote to nay. The motion FAILED by unanimous roll call vote.
COMMISSIONER SELIG MOVED TO accept findings of fact as designated in
the staff report dated November 5, 2001.
FINDINGS OF FACT
1 This street name change request is not supported by the owners of a majority of
property owners on the right-of--way platted as Scout Circle, as prescribed by
KIBC 12.10.050.5.
2 This right-of--way was named Scout Circle as recently as 1993 (by Plat 93-12).
Changing the street name will create confusion resulting from having a street
name different from the name on the plat, as well as potential inconvenience and
costs to property owners adjacent to the Scout Circle right-of--way associated with
making necessary changes to legal documents and paperwork related to the
ProP~y
3 Because of Scout Circle's proximity to Camp Mueller, the boy/girl scout lodge,
there was, and remains, sound justification and logic supporting the existing
name. The proposed name of Dark Lake Road could itself conceivably be a
source of as much or more confusion, since this right-of--way is next to Island
Lake not Dark Lake.
4 Since the emergency response system (E-911) is designed to identify the correct
street addresses of record, by cross reference with the telephone numbering
system, to dispatch emergency vehicles to the address from which the emergency
call is made, the name of the street by itself should not be a source of emergency
vehicles responding to the wrong location.
5 The petitioners could request a name change for their private driveway as it shows
on the E-911 map, if the proposed name is acceptable to E-911 officials.
The motion was SECONDED by COMMISSIONER WILLIAMS.
The question was called, and the motion CARRIED by unanimous roll call vote.
D) Case SO1-026. Request for preliminary approval of the vacation of a twenty (20)
foot wide easement for construction and maintenance over Lot 10 and Lot 11,
Mountain View Subdivision
STAFF indicated fifteen (15) public hearing notices were mailed for this case with
none being returned. Staff recommends approval of this request subject to one
condition.
COMMISSIONER OSWALT MOVED TO grant preliminary approval to the
vacation of a twenty (20) foot wide easement for construction and maintenance
over Lot 10 and Lot 11, Mountain View Subdivision, subject to the conditions of
approval contained in the staff report dated November 2, 2001, and to adopt the
findings in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. The easement vacation must be reviewed and approved by the Assembly,
per Section 16.60.060 of Borough Code 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. The vacation of the twenty (20) foot wide platted road construction and
maintenance easement on Lot 10 and 11, Mountain View Subdivision will
not adversely impact the ability of area residents to gain access to their
property in Mountain View Subdivision. In addition, the vacation will not
affect the ability to provide adequate road maintenance and snow removal
for the residents along Mountain View Drive.
The motion was SECONDED by COMMISSIONER BELL.
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.
E) Case SO1-025. Request for preliminary approval of the subdivision of Lot 5,
Block 2, Kadiak Alaska Subdivision, First Addition, US Survey 3312 creating
Lots 1 through 4 and Tract A, Mariner Estates, and dedicating a thirty (30) foot
wide public utility right-of--way.
STAFF indicated that thirty-five (35) public hearing notices were sent out with
none being returned. Staff recommends approval of the preliminary plat.
COMMISSIONER WILLIAMS MOVED TO grant preliminary approval to the
subdivision of Lot 5, Block 2, Kadiak Alaska Subdivision, First Addition, US
Survey 3312 creating Lots 1 through 4 and Tract A, Mariner Estates, and
dedicating a thirty (30) foot wide public utility right-of--way, subject to the
conditions of approval contained in the supplemental summary statement dated
November 20, 2001 and to adopt the findings in that staff report as "Findings of
Fact" for this case.
CONDITIONS OF APPROVAL
1. As required by the City Public Works Department, engineered sewer and
water utility plans must be submitted for approval prior to installation.
The installation of the water and sewer utilities in this subdivision must
meet the criteria contained in the City Code, Chapter 13.18.010 through
13.18.040 inclusive, and the requirement to install a fire hydrant as
specified by the Fire Marshal. Prior to final plat approval, a letter from the
City accepting the sewer and water distribution lines into the public utility
system must be provided to the Community Development Department.
2. An engineered drainage plan consistent with the coastal consistency
determination and COE fill permit must be submitted to the Borough for
review and approval prior to final plat approval.
3. Plat a five (5) foot wide electrical easement on each side of the lot line
common to proposed Lots 1 and 2 and on each side of the lot line common
to proposed Lots 3 and 4, and across the corresponding flagstems of
proposed Lots 3 and 4, as indicated, for installation of underground
electrical services, as requested by KEA.
4. Plat a drainage easement, along the reaz lot lines of proposed Lots 2 and 3
and Tract A (common with Lots 6, 7, 8 and 9, Block 2, Trinity Islands
Subdivision). This drainage easement will be thirty five (35) feet in width
from southwest to northeast, narrowing from thirty five feet width at the at
approximately the mid point of the reaz lot line of proposed Tract A to ten
(10) foot width measured from the northwest corner of Tract A
southeasterly along its lot line common with the Perenosa Drive right-of-
way, asindicated on "Attachment A" dated November 14, 2001. This
drainage easement is required to satisfy the requirements of KIBC
16.70.020.A.5 stating: "Whenever any stream or important drainage is
located in an area which is being subdivided, the subdivider shall provide
an adequate easement along each side...", as well as the requirements of
KIBCMP Policy #4 addressing "Natural Processes" stating: "Upland
habitats shall be managed to retain natural drainage patterns, prevent
excessive runoff and erosion, surface water quality, and natural ground
water recharge azeas."
5. Place a note on the fmal plat stating: "The designated drainage easement
is intended to maintain groundwater rechazge flow in a northerly direction
towazd the ponds. No excavation, fill, disturbance of the ground beyond
what might be prescribed by the engineered drainage plan is permitted
on private property within this drainage easement. No structures are
permitted within this drainage easement."
6. As stipulated in the Coastal Consistency Determination (AK 0104-13AA,
Mill Bay 5), "..only the footprints of individual buildings will be
excavated and filled:' This is understood to include areas reasonably
needed for driveways and parking.
7. A Borough Driveway Access Permit will be issued to the applicant to use
the presently unimproved Perenosa Drive right-of--way to access proposed
Tract A in support of multi-family development only with emphasis paid
to Term #6 ("Waiver of Access Claims"), and with the specific
understanding that Perenosa Drive is scheduled to be improved to
Borough road standazds in the near future to accommodate traffic
circulation and emergency vehicle response between Shazatin Drive and
Tugidak Court, as referenced in Capital Improvement Program (CIP)
priority for fiscal years 2003 through 2007 (proposed Assembly
Resolution No. 2001-51).
FINDINGS OF FACT
1. This plat meets the minimum standazds of survey accuracy and proper
prepazation 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 azea, having received an ACMP coastal consistency
determination from DGC and a wetlands fill permit from the Corps of
Engineers (Number 4-2001-0138, Mill Bay 5).
The motion was SECONDED by COMMISSIONER BELL.
Regulaz session closed.
Public hearing opened:
Dane Larsen, Applicant: Was present to answer any questions they might have.
Stated that he is agreeable to the seven (7) conditions of approval.
Hearing and seeing none.
Public hearing closed.
Regulaz session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
F) Case SO1-011. Request for preliminary approval of the subdivision of Lot 7,
Block 2, Miller Point Subdivision First Addition creating Lots 7A & 7B, Block 2,
Miller Point Subdivision First Addition and creating anaccess/utility easement.
STAFF indicated thirty-four (34) public hearing notices were distributed for this
request with none being returned. Staff recommends approval of this request
subject to one condition.
COMMISSIONER OSWALT MOVED TO grant preliminary approval to the
subdivision of Lot 7, Block 2, Miller Point Subdivision First Addition creating
Lots 7A & 7B, Block 2, Miller Point Subdivision First Addition and creating an
access/utility easement, subject to the condition of approval contained in the staff
report dated November 2, 2001, and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITION OF APPROVAL
1. Document that the existing driveway which will serve both lots satisfies
the requirements of KIBC 15.26.040.D specifying maximum slope of
15%.
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 WILLIAMS.
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.
G) Case 01-039. Request for a street name change, in accordance with KIB Code
Section 12.10.030A, to change the name of Bayside Drive to Furin Way
STAFF indicated thirty-two (32) public hearing notices were distributed for this
request with one (1) being returned in favor of the request. Staff recommends that
the Commission approve the requested street name change from Bayside Drive to
Furin Way.
COMMISSIONER WILLIAMS MOVED TO adopt a Planning and Zoning
Commission Resolution 2001-3, changing the name of Bayside Drive, as reflected
on Plat 75-17, to Furin Way, and to adopt the findings of fact contained in the
staff memorandum dated November 14, 2001, as findings of fact for this case.
FINDINGS OF FACT
1. This street name change request is supported by a majority of the property
owners along the platted right-of--way known as Bayside Drive, and the
request meets the standards prescribed in KIBC 12.10.O50.A.
2. Bayside Drive was named on Plat 75-17 by the original
homesteader/subdivider Joe Zentner. Changing the street name will not
create confusion from having a street name different from the name on the
plat. This is due to the fact that the subdivision is primarily developed
with recreational cabins and second homes.
3. The renaming of Bayside Drive to Furin Way is appropriate as a memorial
to the Late Dr. Greg Furin, a former Pasagshak Subdivision property
owner/developer.
4. The proposed street name Furin Way does not duplicate an existing street
name and will not be a source of confusion for any responding public
safety (E-911) agencies. No public safety agencies have indicated any
objection to the proposed street name change.
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.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
A) E-mail dated October 25, 2001 from Robert Scholze to Thomas Nadermann regarding
proposed soil storage building at Bruhn Point.
B) Letter dated October 31, 2001 from Duane Dvorak to Cindi Loker regarding Public
Review Draft of the Kodiak Archipelago Bear Conservation and Management Plan.
C) Letter dated November 13, 2001 from Martin Lydick to David Sherwood regarding
Notice of Violation.
There were no further communications.
COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of item A
through item C of Communications. The motion was SECONDED by
COMMISSIONER WII.,LIAMS, and CARRIED by unanimous voice vote.
X. REPORTS
STAFF reported the following meeting schedule:
• December 12, 2001 work session at 7:30 p.m. in the KIB Conference room.
• December 19, 2001 regular meeting at 7:30 p.m. in the Assembly Chambers
• Staff advised the Commission that the KIB Parks and Recreation committee will
be reinstituted.
There were no further reports.
COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER WILLIAMS, and CARRIED by
unanimous voice vote.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER BELL: Reported that she will not be attending the meeting in
December due to medical reasons.
COMMISSIONER WILLIAMS: Wished everyone a Happy Thanksgiving.
COMMISSIONER OSWALT: Wished everyone a Happy Thanksgiving.
COMMISSIONER BOEHLAND: Wished everyone a Happy Thanksgiving.
COMMISSIONER SELIG: Thanked the Commission for a good meeting and wished
everyone a Happy Thanksgiving.
XIII. ADJOURNMENT
CHAIR SELIG adjourned the meeting at 9:OOpm.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Clarence Seli , air
ATTEST
c
By: ~,c,-~ ~' ~ rc J
Erin Whipple, Secretary
Community Development Department
DATE APP OVED: , 2001.
~a ~ ~l~