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2005-02-16 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS REGULAR MEETING FEBRUARY 16,20 MINUTES - NIE ~ IE nYl IE ~ I-' ~ APR 2 2 2005 BOROUGH CLERK'S OFFICE I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE-CHAIR KING on February 16, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present David King-Vice Chair Brent Watkins Casey J anz Dennis McMurry Reed Oswalt Others Present Duane Dvorak, Acting Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Sheila Smith, Secretary Community Development Dept. Martin Lydick, Associate Planner Community Development Dept. A quorum was established. COMMISSIONER OSWALT moved to excuse Commissioner Friend and Commissioner Carver. COMMISSIONER JANZ seconded the motion. The question was called and carried by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER OSWALT MOVED TO APPROVE the minutes of the January 19,2005 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER MCMURRAY, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Dawn Black: Spoke regarding New Business Item B P & Z Minutes: February 16, 2005 Page 1 of 8 rGt"';:'~1n;"C~'~; .~~'~, _,<: ,~,," > ~ Ii; t ~l~j o\tu~Lic"nEAJUNGS ,II I' . . .' : ~ i. ~ ., , A) Case SO~-Q0;2. Request for Preliminary approval, in accordance with KIBC 16.40, of I the repl~t o-flTL 3307, Tract C, Section 33, T24S R24W and a portion of Section 33, ':1"'1';:, . T24,~, ~4.w 1 Section 33, Tract C-1. .,,). ,;. '.i' I '.$W$"'~'_'-P_"_ "'_.....,,,...,..,~,~~.?>4,,'~.."" ""',_._ .,'-' . .,..........J. STAFF reported three (3) Public Hearing Notices were distributed for this case with none being retumed prior to the meeting. Staffrecommended approval ofthis request. COMMISSIONER OSWALT MOVED TO grant preliminary approval to the replat of TL 3307, also known as Tract C, Alaska State Land Survey 76-233 and a portion of Section 33, T24S R24W, creating Tract C-1, Alaska State Land Survey 76-233. 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. 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. B) Case 05-001. Request for a variance, according to KIBC 17.19.040.A, to permit the existing single family residence located on Lot 4, Block 5, Woodland Acres 6th to encroach 1.5 feet into the required 25 foot front yard setback in the R2- Two Family Residential zoning district STAFF indicated seventy-six (76) public hearing notices were distributed for this case with none being returned. Staff recommended denial of this request. COMMISSIONER OSWALT MOVED TO grant a variance from KIBC 17.19.040.A (Front Yard Setback), in order to allow a 1.5 foot encroachment by the principal residential structure into the required 25 foot front yard setback on Lot 4, Block 5, Woodland Acres 6th Addition, in accordance with KIBC 17.66 P & Z Minutes: February 16,2005 Page 2 of8 (Variances), and to adopt the Findings of Fact contained in the Staff Report dated February 9,2005, as Findings of Fact for Case 05-001. The motion was SECONDED by COMMISSIONER MCMURRY. Regular session closed. Public hearing opened: David Thorson, Agent: Spoke in favor of this request on behalf of Robert Johnson. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED four (4) yeas to one (1) nay by roll call vote. COMMISSIONER KING was the nay. COMMISSIONER OSWALT MOVED to adopt the following finding of fact In support of the approval of this request. FINDINGS OF FACT 17.66.050 A.3.The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a 1.5-foot encroachment into the 25-foot front yard setback will not be detrimental to the public's health, safety and welfare. The structure has been in its present location since 1991 and it has not caused any documented problems in that time period. In addition, it appears from the record that the residential structure met all construction code requirements in effect at the time of construction. COMMISSIONER MCMURRY seconded the motion. The question was called and carried by unanimous roll call vote. C) Case 04-015. Request for a conditional use permit, in accordance with KffiC 17.67.020.B, to pennit non-recreational mineral extraction on Sections 14, 15, and 22, T30S R20W. STAFF indicated ten (10) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant a conditional use permit, in accordance with KffiC 17.67, allowing a gravel quarry located within sections 14, 15, & 22 T30S R20W Seward Meridian, subject to the eleven (11) P & Z Minutes: February 16,2005 Page 3 of8 stipulations attached to the Supplemental Memorandum dated February ih, 2005, and to adopt the findings contained in the staff report dated January 7th, 2005 as "Findings of Fact" for this case. FINDING 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 be restored to a condition substantially similar to its' natural condition. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter 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 (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 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 contribute to the economic vitality of the community at large, and will provide ancillary benefits in the fonn of enhanced surface transportation corridors utilized and enjoyed by the general public. The motion was SECONDED by COMMISSIONER W ATKINS Regular session closed. Public hearing opened: Omar Stratman, Applicant: spoke in favor of this request. P & Z Minutes: Febmary 16,2005 Page 4 of8 Mike O'Leary, Ouality Asphalt: spoke in favor of this request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Appeal 05-002. Request for an appeal, per KIBC 17.90, of a staff decision citing the vi olation of zoning codes 17.03.060 and 17.17.020, located on Lot 4, Block 3, Island Vista Subdivison. STAFF indicated five (5) appeal notices were mailed for this case with and none being returned prior to the appeal hearing. Staff recommended the Commission uphold staffs decision. Shawn Dillon, appellant: presented his case. COMMISSIONER OSWALT MOVED TO reverse the Administrative Notice of Violation relating to the unpermitted construction located on Lot 3, Block 4, Island Vista Subdivision, and to reverse the Administrative Notice of Violation relating to unpennitted use of the second detached dwelling unit located on Lot 3, Block 4, Island Vista Subdivision. The motion was SECONDED by COMMISSIONER WATKINS. COMMISSIONER OSWALT MOVED TO AMEND the motion to include findings of fact as follows: Nonconforming residential structures may be enlarged or expanded provided that there are no other residential structures located on the property, no portion of the structure extends over any lot line, and all other building, fire and zoning requirements are met. Any encroachment into required setbacks exceeding the original building footprint shall be permitted only by the grant of a variance under chapter 17.66 of this title. The amendment was SECONDED by COMMISSIONER McMURRY. The question was called, and the amendment CARRIED by unanimous roll call vote. The question was called, and the amended main motion CARRIED four yeas to one nay by roll call vote. Commissioner King was the nay. P & Z Minutes: February 16,2005 Page 5 of8 VIII. OLD BUSINESS A) Review of plat 2004-09, Raven Hills Subdivision, per request from the Kodiak Island Borough Assembly to include the platting procedure and other possible subdivision alternatives. COMMISSIONER OSWALT MOVED to recommend that the Kodiak Island Borough Assembly take no action on Raven Hills Subdivision and retain it as a school reserve, its original use designation. IX. NEW BUSINESS A) Gravel task force list. COMMISSIONER OSWALT MOVED to submit the following list of names to the assembly for inclusion on the gravel task force: Gary Carver Dave King Tom Abell Mike Anderson Howard Weston Andy Teuber COMMISSIONER JANZ MOVED to AMEND the motion, recommending that the Kodiak Island Borough Assembly direct the Clerk's Office to advertise an application process for the proposed Kodiak Island Borough Gravel Task Force and forward the qualified applications to the Planning and Zoning Commission for review and selection of candidates to be forwarded to the Assembly for appointment. COMMISSIONER OSWALT SECONDED the motion. The question was CALLED on the amendment and carried by unanimous roll call vote. The question was CALLED on the amended main motion and CARRIED by unanimous roll call vote. B) Erdman Rentals appeal- remanded from the Superior Court. COMMISSIONER OSWALT MOVED to acknowledge receipt of the opinion rendered by Superior Court Judge Joel Bolger, dated December 8, 2004, and to remand the appeal by Erdman Rentals from the Planning and Zoning Commission to the Community Development Department in order to allow the processing and issuance of a zoning compliance permit in accordance with the original zoning request that was the subject of the appeal. COMMISSIONER JANZ SECONDED the motion. P & Z Minutes: February 16,2005 Page 6 of8 The question was called and CARRIED unanimous roll call vote. X. COMMUNICATIONS A) Letter dated February 3, 2005 to Mr. & Mrs. Samaniego from Martin Lydick, Associate Planner, regarding Notice of Violation: Determination of Junk Yard. B) Kodiak Island Borough Parks & Recreation Committee Resolution Number 2005-01 supporting road improvements in the vicinity of North Star Elementary School. C) COMMISSIONER OSWALT requested topo maps of Pillar Mountain Tract D, the natural use area behind SeliefLane and the property across Monashka Road near the landfill There were no further communications. COMMISSIONER JANZ MOVED TO ACKNOWLEDGE RECEIPT of items A through C of Communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: . March 8,2005 work session to review Coastal Management Plan Update, 7:30pm in the KID Conference room. . March 9,2005 packet review at 7:30 p.m. in the KID Conference room. . March 16,2005 regular meeting at 7:30 p.m. in the Assembly Chambers. . March 23,2005 mobile home park work session in the KIB Conference room. There were no further reports. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Dawn Black: spoke regarding mobile home parks. Shawn Dillon: thanked the commission for working on his case. Clarence Selig: phoned in to thank Erin Whipple for her service. P & Z Minutes: February 16,2005 Page 7 of8 .. XIII. COMMISSIONERS' COMMENTS COMMISSIONER OSWALT thanked Erin Whipple for her hard work. COMMISSIONER MCMURRY thanked Erin Whipple for her hard work. COMMISSIONER JANZ reminded commissioners to RSVP for the boards, committees and commissions reception. She also spoke of mobile home park issues. Commissioner J anz thanked Erin Whipple. COMMISSIONER KING thanked Erin Whipple and welcomed Sheila Smith. IX. ADJOURNMENT CHAIR KING ADJOURNED the regular meeting at 9:49 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMM ON By: , ATTEST By: \Otf>~ OlllNy ,~ enlAl W"\l~ Erin Whipple, Secretary Community Development Department DATE APPROVED: March 16,2005. P & Z Minutes: February 16, 2005 Page 8 of 8