2005-03-16 Regular Meeting
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KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMIS~ .~ ~fe C fe H W Ie ~
REGULAR MEETING MARCH 16, 200 L U;; D
MINUTES
r" MAY - 4 2005 "
BOROUGH CLERK'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 March 16, 2005 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Jerro1 Friend - Chair
Brent Watkins
Gary Carver
Casey J anz
David King
Reed Oswalt
Others Present
Duane Dvorak, Acting Director
Community Development Dept.
Sheila Smith, Secretary
Community Development Dept.
A quorum was established.
III.
APPROVAL OF AGENDA
COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER JANZ MOVED TO APPROVE the minutes of FEBRUARY 16,
2005 Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Dawn Black commented on Mobile Home Parks and the revision of applicable codes.
VII. PUBLIC HEARINGS
A)
Case 05-003. Request for a Conditional Use Permit, according to KIBC
17.67.020 B., to allow the expansion of the Trident Basin Float Plane Airport
facility by expanding the upland support area for additional aviation related uses.
If required for overflow development in the C-Conservation zone, an additional
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';.\ \ )!':"'P"":'---'c~l1~~naJtlse Permit for airpo~ related. u~es and non-recreatio~a1 miner~l .
\ \ 1 :, ' ,,', ,exVtlifIOn to aVow for future expanSIOn of aVIatIOn related uses near Tndent BaSIn
\::J\ in accbrd~ce fith KIBC 17.13.040.B and F.
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331'1 :J.~;. 1 SrAFF'rep8~.~..t.d five (5) Public Hearing Notices were distributed for this case and
'-"""1'iOne"o'eing returned prior to this meeting. Staff recommended approval of this
request subject to standard conditions of approval.
COMMISSIONER JANZ MOVED TO GRANT a conditional use permit, in
accordance with KIBC 17.67 allowing a gravel quarry to be located within an Ull-
subdivided portion of United States Survey 2261 Near Island, subject to seven (7)
stipulations and to adopt the "Findings of Fact".
STIPULATIONS
Provide an engineered gravel plan, which includes:
(a) Survey bearings & distances marking the boundaries of the project
site.
(b) Point( s) of ingress / egress.
(c) Topographical data at a minimum of five (5) foot contour intervals
establishing current elevations of:
i. overall site
ii. drainages
iii. waterways
(d) Topographical data projecting finished grades upon closure.
The infonnation required by Stipulation 1 above must be submitted to the
Community Development Department for administrative review and
approval prior to commencement of material extraction activity.
4. Submit final grading/site plan, to be reviewed and approved by the
Building Official prior to the initiation of material extraction activities.
5. Provide appropriate traffic notice signage during hours of operation.
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6. Provide appropriate dust control measures during hours of operation.
7. Implement security design / controls at the point(s) of ingress / egress
sufficient to discourage unauthorized entry & use of the site.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and
integrity of the surrounding area.
Appropriate safeguards, in the form of Stipulations to Approval, provide
reasonable assurances that the site will not be detrimental nor unduly
detract from the integrity of the surrounding area.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter .
pertaining to the conditional use in question.
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It appears from the materials submitted by the applicant that the
conditional use will fulfill all other requirements of the C-Conservation
zoning district. A more detailed site plan (engineered gravel plan) is
required, as a stipulation to approval, to show existing and proposed
contours for the site, access and control points.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health, safety, convenience and comfort.
Site development and pit design shall be guided by the principals of due
diligence. Per Stipulations to Approval, the site is to be re-contoured in
conformity with applicable Borough grading requirements, this will ensure
that no unsafe or impractical slopes are left remaining on the site, which
may endanger the public health and safety; signage notifying the public of
truck traffic is to be posted during periods of operation; and appropriate
dust control measures will be undertaken by the applicant.
17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
Stipulation to Approval requires the applicant to provide a survey
description of the site sufficient to establish the minimum lot area (five [5]
acres) for the zoning district.
17.67.05 E. If the permit is for a public use or structure, the commission must
find that the proposed use or structure is located in a manner. which will
maximize public benefits.
This conditional use permit will provide for the continued development of
an integral component of the community's transportation system. This
conditional use permit will contribute to the economic vitality of the
community at large, and will provide enhanced air transportation options
utilized and enjoyed by the general public.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Linda Freed spoke in support of the request.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote
B)
Case S05-004. Request for Preliminary approval of a vacation, in accordance
with KIBC 16.60, of a portion of the temporary turnaround easement located on
Woodland Acres, 2nd, Block 3, Lot 6.
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STAFF indicated seventeen (17) public hearing notices were distributed for this
case with none being returned. Staff recommended approval of this request, noting
the Engineering Facilities Directors' evaluation of this request and indicating a
portion of the easement can be vacated and still provide for potential turnaround
that meets borough standards. Staff recommends approval of this request subject
to the condition it be forwarded to the assembly for their review prior to the actual
re-plat.
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COMMISSIONER OSWALT MOVED TO GRANT preliminary approval of
the vacation, in accordance with KIBC 16.60, of a portion of the temporary
turnaround easement located on Woodland Acres, 2nd, Block 3, Lot 6.
CONDITIONS OF APPROVAL
1. Provide an engineered cul-de-sac design, which complies with Kodiak
Island Borough Code 16.80.030 (D).
2. Place a note on the face of the new plat, which clearly strikes the note
language appearing on Plat No. 75 -7.
3.
Place an amended note on the face of the new plat containing replacement
language referencing the nature of the area depicted, the purpose, and the
reversion expectation.
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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 JANZ.
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.
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C)
Case 03-005. Request for an Extension of a Conditional Use Permit, to allow for
non-recreational mineral extraction in the C-Conservation zoning district in
accordance with KIBC 17.13.040.F, subject to conditions of approval, on a
portion of un-surveyed and un-subdivided state land near Narrow Cape.
STAFF indicated two (2) public hearing notices were distributed for this case with
none being returned. Staff recommends an extention for one (1) year from
February 19, 2005 to February 19, 2006, subject to the original conditions of
approval and findings of fact applied by the Planning and Zoning Commission for
this case.
COMMISSIONER KING MOVED TO GRANT a one-year extension of
Conditional Use Permit 03-005, from February 19, 2005, to February 19, 2006,
subject to the conditions of approval and the findings or fact applied to this case
by the Planning and Zoning Commission, as re-affirmed in the staff memorandum
dated March 9, 2005.
CONDITIONS OF APPROVAL
1.
The proposed resource extraction is to be undertaken in conformity with
the narrative and graphic materials submitted for this request, subject to
other applicable Borough or state laws or regulations, and in conformity
with conditions of approval adopted by the KIB Planning and Zoning
Commission.
2. Provide revised topographical maps of the extraction site; 1) as it currently
exists and; 2) as it is proposed to be after extraction and reclamation. The
revised maps should clearly indicate contour elevations with a minimum
indicated interval of five (5) feet.
3. The site shall be re-contoured in conformity with a final grading/site plan
to be reviewed and approved by the Building Official prior to the initiation
of material extraction activities.
4. Provide a detailed re-vegetation plan that indicates specifically the type
and quantity of soil coverage and species of plant material to be re-
established on the site by seeding as generally indicated in the reclamation
plan. The re-vegetation plan will be submitted to the Engineering and
Facilities Director for review and approval prior to the issuance of zoning
compliance.
5. Gravel extraction from the permitted site shall be for a five (5) year period.
6.
A grading permit must be obtained if the depth of excavation in any area
of the proposed site exceeds five (5) feet in depth.
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FINDINGS OF FACT
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17.67.05 A. That the conditional use will preserve the value. spirit. character and
integrity of the surrounding area.
There are no residential or commercial uses in the area that will be affected by the
proposed activity.
Allowing gravel extraction from the proposed site will enable the Kodiak Launch
Complex Facility to more fully meet its' purpose of providing aerospace
infrastructure meeting the needs of today's civilian and military mission
requirements.
17.67.05 B. That the conditional use fulfills all other requirements of this cha7Jler
pertaining to the conditional use in question.
It appears from the materials submitted by the applicant that the conditional use
will fulfill all other requirements of the C-Conservation zoning district. A more
detailed site plan is recommended, as a condition of approval, to show existing
and proposed contours for the site.
17.67.05 C. That grantinf! the conditional use permit will not be harmful to the .
public health. safetv. convenience and comfort.
The site is to be re-contoured in conformity with applicable Borough grading
requirements. This will ensure that no unsafe or impractical slopes are left
remaining on the site, which may endanger the public health and safety.
Segregating heavy construction equipment from the area's typical recreational
user will minimize the potential for foreseeable consequences.
17.67.05 D. That sufficient setbacks. lot area. buffers or other safef!uards are
beinf! provided to meet the conditions listed in subsections A through C of this
section.
The contiguous land ownership by the State is well in excess of the minimum 5
acres required in the C-Conservation zoning district. It does not appear that there
are any setback issues related to this request. There are no provisions for buffer
areas proposed in this request, however the emphasis placed on the reclamation
plan, as contained in the application submittal and in conditions of approval,
should ensure that the conditions in subsections A through C are met.
17.67.05 E. If the permit is for a public use or structure, the commission must
find that the proposed use or structure is located in a manner which will maximize
public benefits. .
The location of the site minimizes the need to import the material from a site
farther from the project, which would increase the impact of traffic generation on
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the community, as well as increasing the cost of the project that the community
will eventually have to bear.
17.13.090 Special district re!lulations.
The Special District Regulations of the C-Conservation zoning district will be met
by the proposed resource extraction activity, subject to the information contained
in the application submittal and applicable conditions of approval required by the
Commission. The Special District Regulations are derived from the Kodiak
Island Borough Coastal Management Program (KIBCMP). If the applicable
provisions of the KlBCMP are met, it is presumed that the special district
regulations are also met.
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 S04-018. Request for review of conditions of approval for a plat previously
granted preliminary approval to subdivide Tract L, Russian Creek Alaska
Subdivision in order to create Lots 1,2 and 3, Russian Creek Alaska Subdivision,
in order to consider the sub-dividers' request to phase the final plat by creating
Lots 1 and 2 only at this time.
STAFF indicated twenty (20) public hearing notices were mailed for this case, and
none were returned. Because of the speculative nature of the rezone process
proposed by the petitioner, staff does not recommend granting final approval of
the proposed phase plat. Should the Commission be inclined to grant the phase
plat request, staff would recommend some guarantee be required on the part of the
subdivider that they will meet the conditions of approval and complete the
subdivision in accordance with borough subdivision and zoning code
requirements within a specifically determined period of time.
COMMISSIONER JANZ MOVED TO GRANT final approval for phase plat to
allow the creation of Lots 1 and 2, Russian Creek Alaska Subdivision preliminary
subject to conditions of approval applicable to those lots as indicated on the final
plat dated January 27,2005.
CONDITIONS OF APPROVAL
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1.
The two dwellings on Tract L (described as a "house" and "cabin") must
be brought into compliance with KIB and ADEC requirements for septic
installation and potable water prior to final plat approval. These two
dwellings must also be brought into compliance with zoning and building
codes prior to final plat approval.
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2. Obtain a wetlands determination from the U.S. Anny Corps of Engineers
in order to determine the development potential of the proposed lots and to
detennine the location and size of permissible septic system development
areas on each lot proposed in the subdivision.
3. Engineering and soils testing, by an engineer registered to practice in the
State of Alaska, is required for Lots 1, 2 and 3 prior to final plat approval
documenting that this subdivision design can meet ADEC requirements
for onsite well and septic systems that may adequately support commercial
or multifamily residential uses.
4. Place a note in the final plat stating: "No fill is permitted in wetlands
identified by the U.S. Anny Corps of Engineers without written
authorization from the U.S. Anny Corps of Engineers.
5.
Provide an appropriate name for the subdivision that does not duplicate an
existing subdivision name.
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6. Indicate on the final plat that the flagstem is a utility easement.
7. In accordance with KIBC 16.40.050.B.3.a.i, place a note on the plat which
prohibits future subdivision of the flag lot unless the subdivision design
conforms to KIBC 16.40.050.B.3.a.ii, or a dedicated right-of-way is
provided in accordance with the applicable borough codes.
ADDITIONAL FINDINGS
1. Subject to conditions of approval, this plat can meet the mInImUm
standards of survey accuracy and proper preparation of plats required in
Title 16 of the Borough Code.
2. Subject to conditions of approval, this plat can meet the mInImUm
requirements ofTitIe 17 of the Borough Code.
3. Subject to conditions of approval, this plat provides a subdivision of land
that is consistent with adopted Borough plans for this area.
The motion was SECONDED by COMMISSIONER OSWALT.
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COMMISSIONER OSWALT MOVED TO AMEND the main motion with a
condition to place a plat note on Lot 3/ Tract A indicating it shall not be further
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subdivided until it is brought into conforinity with the business zone. The
petitioner is granted twelve (12) months to bring Tract A into conformity with the
business zone from the date of plat recordation.
CONDITIONS OF APPROVAL
1. The two dwellings on Tract L (described as a "house" and "cabin") must
be brought into compliance with Kill and ADEC requirements for septic
installation and potable water prior to final plat approval. These two
dwellings must also be brought into compliance with zoning and building
codes prior to final plat approval.
2. Obtain a wetlands determination from the U.S. Army Corps of Engineers
in order to determine the development potential of the proposed lots and to
determine the location and size of permissible septic system development
areas on each lot proposed in the subdivision.
3. Engineering and soils testing, by an engineer registered to practice in the
State of Alaska, is required for Lots 1, 2 and 3 prior to final plat approval
documenting that this subdivision design can meet ADEC requirements
for onsite well and septic systems that may adequately support commercial
or multifamily residential uses.
4.
Place a note in the final plat stating: "No fill is permitted in wetlands
identified by the U.S. Army Corps of Engineers without written
authorization from the U.S. Army Corps of Engineers.
5. Provide an appropriate name for the subdivision that does not duplicate an
existing subdivision name.
6. Indicate on the final plat that the flagstem is a utility easement.
7. In accordance with KIBC 16.40.050.B.3.a.i, place a note on the plat which
prohibits future subdivision of the flag lot unless the subdivision design
confonns to KIBC 16.40.050.B.3.a.ii, or a dedicated right-of-way is
provided in accordance with the applicable borough codes.
8. Place a plat note on Lot 3/ Tract A indicating it shall not be further
subdivided until it is brought into conformity with the business zone.
9. The petitioner is granted twelve (12) months to bring Tract A into
conformity with the business zone from the date of plat recordation.
The motion was SECONDED By COMMISSIONER FRIEND.
Regular session closed.
Public hearing opened:
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Bob Tarrant spoke in support of Dado Dayton
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Public hearing closed.
Regular session opened:
The question was called, and the Amendment was ADOPTED by unanimous roll
call vote.
The question was called, and the Main Motion CARRIED by unanimous roll call
vote.
VIII. OLD BUSINESS
There was no old business.
IX. NEW BUSINESS
There was no new business.
X. COMMUNICATIONS
There was no communications.
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XI. REPORTS
STAFF reported the following meeting schedule:
. March 23, 2005 Mobile Home Parks work session at 7:30 in the KIB Conference
room.
. April 6, 2005 special meeting-Lesnoi at 7:30 in the Assembly Chambers.
. April 19, 2005 Womens Bay town meeting at 7:30 at Peterson Elementary.
There were no further reports.
COMMISSIONER FRIEND MOVED TO ACKNO'VLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous
voice vote.
XII. A UDIENCE COMMENTS
There were no audience comments.
XIII. COMMISSIONERS' COMMENTS
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COMMISSIONER REED would like to see more areas opened up to subdivisions.
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COMMISSIONER JANZ wanted to know if the task force has been publicized.
COMMISSIONER FRIEND inquired about the joint quarterly meetings with Assembly
work sessions.
COMMISSIONER CARVER commented on taking a good look at the availability lands,
possibly open to potential industrial growth.
COMMISSIONER WATKINS wants everyone to be aware of all the kids moving around
in the dark hours.
COMMISSIONER KING welcomed Sheila Smith
COMMISSIONER FRIEND welcomed Sheila Smith
IX. ADJOURNMENT
CHAIR FRIEND ADJOURNED the regular meeting at 8:35 p.m.
KODIAK ISLAND BOROUGH
PLANNING A ZO OMMISSION
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By:
ATTEST
By: ~e~Qn rS5m~
Sheila Smith, Secretary
Community Development Department
DATE APPROVED: March 17, 2004.
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