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2008-01-16 Regular Meeting r;,:-:----'-~ . I'i" \ ,.~ I: KODIAK ISLAND BOROUGH 1\ L) : ! r" PLANNING AND ZONING COMMI S' ON REGULAR MEETING JANUARY , ~OO MINUTES -~-._.7~\l '-, ' \ 11 ' i : I h 2008 j ! J-p~ L......__,_, Br,' ,,",' -')i ; ; f" CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on January 16,2008 in the Borough Assembly Chambers. ROLL CALL Commissioners Absent Others Present Bud Cassidy, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Present Excused David King Brent Watkins Bill Kersch Casey Janz Gary Juenger Vacant Vacant x X X X X A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER JUENGER. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to amend the December 19, 2007 minutes to indicate COMMISSIONER JANZ was present. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. COMMISSIONER WATKINS MOVED TO APPROVE the amended December 19, 2007 minutes as. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case S08-011. Request for preliminary approval, according to KIBC 16.40, of the subdivision of a portion of the west half of U.S. Survey 1736 within Sections 5 and 8, T27S, R22W, Seward Meridian creating Lots 1-9, Block 1 and Lots 1-3, Block 2, Memory Estates and dedicating a sixty (60) foot wide portion of right-of-way to accommodate Kizhuyak Drive. January 16,2008 P & Z Commission Meeting Minutes Page 1 of6 -,r ; i;,..,L Cassidy reported the applicants came before the Commission for a rezone of the property from C-Conservation to RR2 (2 acres) which was approved by the Commission and the Assembly. The subdivision creates 12 lots at 2 acres and above. Staff recommends approval subject to 8 conditions of approval. Some are requests by utility companies, some due to the fact that the surveyor is from the Kenai Pen and uses their code, and some are code requirement 1. Net area is based on Borough code for 2 acres and cannot include the area below the MHW 2. Flag stem needs to be 30 feet wide and is that dimension and more until it branches off 3. The common flag stems also be designated a utility easement 4. Name that portion of the plat is now dedicated a ROW. 5. Add dimensions to the easement that traverses the property (Terror Lake Power Line) 6. Acquire DEC approval that the lots are capable to place septic systems 7. Plat language has to meet KIB code standards (not Kenai) 8. Standard note that talks about preventing the blockage of natural drainages COMMISSIONER JANZ MOVED grant preliminary approval for the subdivision of a portion of the west half of U.S. Survey 1736, creating Lots 1-9, Block 1 and Lots 1-3, Block 2, Memory Estates and dedicating a sixty (60) foot right-of-way to accommodate the existing Kizhuyak Drive, subject to the following conditions of approval, and adopting the findings contained in this staff report as "Findings of Fact" for this case. COMMISSIONER WATKINS SECONDED the motion. The commission was in agreement that they went through it pretty thorough previously, and they brought it back in the format that the commission wanted to see to make it work. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CONDITIONS OF APPROVAL 1. Lot 3, Block 2, needs to be at least 2 acres in area (net upland) with a lot width of 200 feet as determined by KIBC Title 16 method. Land subject to tidal action below mean high tide is not permitted for zoning lot area calculation. 2. The back to back flag stems on Lots 4 and 5, Block 1, are only allowed a 20 foot width where the flag stem are abutting. Where the stem on Lot 4 terminates, it makes the stem on Lot 5 a single type I flag stem which must be widened to 30 feet for the remainder of its length. 3. It is suggested to make the flag stems for Lots 4 and 5, Block 1, a joint access and utility easement to facilitate serving both lots with a single driveway and utility extension. 4. Name the unnamed 12 width right-of-way dedication at the NW comer of the subdivision. 5. Provide bearings and distances necessary to describe all proposed easements or existing easements of record, particularly where they do not follow proposed subdivision boundary lines. (In particular the shown Overhead Utility Line) January 16, 2008 P & Z Commission Meeting Minutes Page 2 of6 6. Provide an engineering evaluation of the lots proposed in this subdivision to certify that all lots proposed in this subdivision can support an ADEC compliant septic system and that each lot has the capability to provide potable water in support of residential development. 7. Review KIBC Chapter 16.50 regarding proper certification language for KIB plats before submitting a final plat for review. 8. Place a note on the plat: "All natural drainages shall not be blocked or impeded." FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets 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 meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision ofland that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 4-0. B) Case S08-0I2. Request for preliminary approval, according to KIBC 16.40, of the re- subdivision of Tracts D-l and D-2, US. Survey 2261 and U.S. Survey 4947 (Near Island) including a previously un-subdivided portion of US. Survey 2261, in order to create Tracts D- lA, D-IB, and D-2B of US. Surveys 2261 and 4947 and dedicating an extension of Dog Salmon Bay Road right-of-way. Cassidy reported the City has some willing buyers for land on Near Island and this subdivision adjusts lot lines. It takes 2 lots and an unsubdivided portion and makes 3 lots. It adjusts a lot line at a diagonal for future Ferry Terminal Use, and it adjusts an easement over toward a lot line. Staffrecommends approval subject to: the initiation of a rezone the area proposed as ferry terminal from PL- Public Lands to B-Business, and making the electrical easement a utility easement COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of the re-subdivision of Tract D-l and D-2, U.S. Survey 2261 and US. Survey 4947 (Near Island) including a previously un-subdivided portion of US. Survey 2261, in order to create Tracts D-IA, D-IB and D-2B of U.S. Surveys 2261 and 4947 and dedicating an extension of Dog Salmon Bay Road right-of-way subject to the following conditions of approval and to adopt the findings of fact contained in the staff report as the "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. Subdivider shall initiate a rezone request to conform the applicable zoning districts to the new subdivision pattern that will be created by this plat. In addition, the rezone will also address the provision of an appropriate zoning district to proposed City Tideland Tract N-50. 2. Designate the "easement created this plat" as a "utility easement created this plat". January 16,2008 P & Z Commission Meeting Minutes Page 3 of6 FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets 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 meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision ofland that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 4-0. COMMISSIONER WATKINS MOVED to grant preliminary approval for the vacation of a 20 foot wide electrical utility easement per KIBC 16.60, to be replaced with a new 20 foot wide utility easement to coincide with the new lot line configuration granted preliminary approval for Case S08-012, subject to the following conditions of approval, and to adopt the findings contained in the staff report dated January 9, 2008 as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER JANZ. CONDITIONS OF APPROVAL 1. Prior to final plat approval the plat shall be submitted to the City of Kodiak Council for approval of the easement vacation. FINDINGS OF FACT 1. The easement to be vacated will be replaced by a comparable utility easement. 2. Kodiak Electric Association was the only utility that responded to the vacation request and KEA indicated No Objection to the requested vacation. The question was called, and it CARRIED 4-0. OLD BUSINESS There was no old business. NEW BUSINESS A) Request a twelve (12) month extension of preliminary subdivision approval for Case S06- 007. Cassidy reported the applicant is requesting a one year extension of an approved preliminary subdivision. Preliminary subdivisions are only good for 24 months without an extension being granted by the Commission. It is located in Womens Bay above Russian Creek. He is not requesting any changes in conditions or alterations to the plat, simply an extension. The code states clearly: Preliminary Surveys are only good for two months; An extension can be granted if the applicant does so in a timely manner; An extension can only be granted if the conditions of approval are the same as when a preliminary plat was originally approved. Staff recommends that an extension be granted. COMMISSIONER JANZ MOVED to grant a one year extension (until February 2009) of preliminary approval of the subdivision of Lot 19A-l, Block 7, Bells Flats Alaska Subdivision creating Lots 19E and 19F, Block 7, Bells Flats Alaska Subdivision, subject to the conditions January 16, 2008 P & Z Commission Meeting Minutes Page 4 of6 found in the original February 17,2006 Commission action letter to the applicant and to adopt "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER KERSCH. FINDINGS OF FACT 1. The applicant has made the request in a timely manner and before the expiration of the initial two (2) year period according to KIBCI6.40.060. 2. The preliminary plat and the conditions of approval are the same as when the preliminary plat was originally approve. B) Planning & Zoning Commission Elections for Chair and Vice Chair Cassidy reported each year elections are held, but in this case because we don't have a full commission he recommends postponing the election until we are closer to a full commission. The commission was in agreement with postponing. COMMISSIONER JANZ MOVED to postpone until the February regular meeting the election of a new chair and vice chair. The motion was SECONDED by COMMISSIONER KERSCH. The question was called, and it CARRIED 4-0. COMMUNICA TIONS A) Communications regarding Potato Patch Lake Cassidy reported it is a letter from the Audubon Society objecting to a proposed fill of Potato Patch Lake. We just don't have any standards, regulations, or laws that allow us to take a statement. The kinds of issues stated should and have been directed to ADF&G that deals with Fish and Wildlife issues, DEC who deals with water quality issues etc. B) Cassidy stated the Parks & Recreation Committee will be taking public input on Tuesday, January 22,2008 at 7:00 p.m. in the KIB Conference Room on the Winter Use of Borough Lakes and Waterways. This is an issue that comes out of the Island Lake summer use of watercraft, but it's a little different because the State of Alaska has regulations to regulate watercraft but they don't have regulations for A TV's or snow machines. The Assembly asked the Parks & Recreation Committee to take public testimony on the use of lakes and waterways. We have zoning jurisdiction if it becomes a zoning case. We have an ordinance about what can occur during the summertime on lakes that we can enforce. He believes the same thing can happen should we choose to do so regarding the winter use of lakes and waterways. COMMISSIONER JANZ MOVED to acknowledge receipt of Communication Items A and B. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. REPORTS Meeting schedule: · February 13,2008 work session at 7:30 p.m. in the KIB Conference Room · February 20, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers Cassidy reported next month's meeting looks like it will be a fairly lengthy due to a number of postponed cases until the completion of the Comp Plan. There are the Larsen Bay rezone requests and the Chiniak Winery case. There will be 6 or more cases. January 16, 2008 P & Z Commission Meeting Minutes Page 5 of6 Smith reminded the commission of the February 14th P&Z/P&R Quarterly Update to the Assembly. COMMISSIONER WATKINS MOVED TO ACCEPT Reports. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS Jack McFarland thanked the commission for the extension. He also said Stan is still in Anchorage and it could be a while before he gets back. Mr. McFarland trusts Stan and really doesn't want anyone else to help him. All the conditions have been met; he just needs two more stakes. '\If COMMISSIONER COMMENTS COMMISSIONER KERSCH asked Cassidy to call the prospective commissioner. CHAIR KING said he can't wait to get some new people on the commission. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 7:58 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: t.91aQa cDnQ Sheila Smith, Secretary Community Development Department DATE APPROVED: February 20, 2008 January 16,2008 P & Z Commission Meeting Minutes Page 6 of6