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2009-02-25 Regular MeetingKodiak Island Borough Planning & Zoning Commission Minutes February 25, 2009 ;':. i~ - ~:. . i' MAR 2 0 2009 :J ' n ~: CALL TO ORDER CHAIR KING called to order the February 25, 2009 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioner Present Absent Excused Others Present Mr. Kin X Bud Cassid Mr. Watkins X Communit Develo ment Ms. Janz X Sheila Smith Mr. Kersch X Communit Develo ment Mr. Torres X Ms. Vickstrom X Vacant A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the February 25, 2009 Planning & Zoning agenda. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the January 21, 2009 Planning & Zoning Regular Meeting Minutes with the change to the first line of "COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONER KERSCH due to him being on vacation." AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests PUBLIC HEARINGS A) Case 09-010. Request a Conditional Use Permit, according to KIBC 17.200 and KIBC 17.50.040.D, to allow a Lodge and related facilities for up to twelve (12) clients. The applicant is Ken Warner. The location is Warner's Saltery Cove Subdivision, Lot 9 and it is zoned C-Conservation. Cassidy gave a brief staff report and stated staff recommends that the Commission grant the conditional use permit with appropriate stipulations. CHAIR KING asked Cassidy if the fencing requirement talked about in Dorman's letter is in the borough code. February 25, 2009 P6tZ Guidelines Page 1 of 5 Cassidy said there isn't anything in the borough code but there are probably some requirements with the State of Alaska. COMMISSIONER JANZ asked if in that reference if that is a concern of Mr. Dorman that it be fenced. Cassidy stated he's not sure, he just knows there is a concern about fencing that the applicant and the grazer need to work out. COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to KIBC 17.200 and KIBC 17.50.040.D, to allow a Lodge and related facilities for up to twelve (12) clients, subject to two (2) stipulations, and to adopt the findings contained in the staff report dated February 4, 2009, as Findings of Fact for case 09-010. The stipulations 1. The applicant is required to submit to the Community Development Department a current As-Built Survey, correctly locating the constructed improvements and disclosing the dimensional size of the improvements within 12 months. 2. The applicant is required to obtain an "After-the-Fact" zoning compliance permit for the construction of all improvements not covered by the previously issued zoning compliance permit BZ2005-63. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion. STIPULATIONS 1. The applicant is required to submit to the Community Development Department a current As-Built Survey, correctly locating the constructed improvements and disclosing the dimensional size of the improvements within 12 months. 2. The applicant is required to obtain an "After-the-Fact" zoning compliance permit for the construction of all improvements not covered by the previously issued zoning compliance permit BZ2005-63. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and inte rit, off the surrounding area. The general area has long been used by Kodiak residents for recreational purposes without regard to ownership. In the past, this situation (ownership responsibility) has resulted in abuses such as trash and garbage accumulation, as well as uncontrolled ATV impacts, negatively impacting the recreational experience for many responsible users. Passage of a portion of these public lands into private ownership, with consequent development that establishes an onsite presence should act to ameliorate, to a degree, such past excesses. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. February 25, 2009 P&zZ Guidelines Page 2 of S The requested Conditional Use is a listed conditional use in the applicable zoning district, and the Planning & Zoning Commission has exercised appropriate over-sight. 3. That granting the conditional use permit will not be harmful to the public health safety, convenience and comfort. Responsible development that meets the requirements of the Alaska Department of Conservation and follows the guidelines of the Alaska Department of Fish and Game pertaining to bear attractants will protect the public's health and safety. The construction of lodge facilities sufficient to accommodate twelve clients will also provide minimally sufficient refuge for the general public in cases of genuine emergencies. 4. The sufficient setbacks, lot area buffers or other safeguards are being_provided to meet the conditions listed in subsections A through C of this section. The subject parcel exceeds the zoning district's minimal size requirement. The submission of an As-Built Survey, per Stipulation No. 1, will document existing setbacks that meet regulatory requirements. 5. The proposed use or structure is located in a manner which will maximize ublic benefits. As a private development the use will maximize, to the extent possible, public benefits via tax revenue generation. Roll call vote on motion CARRIED 6-0. B) Case 09-012. Request a rezone investigation, according to KIBC 17.85, 17.75, & 17.205, from R1-Single Family Residential to R3-Multi Family Residential. The applicant is Jon C. Stratman. The location is 2713 Spruce Cape Road and it is zoned R1-Single Family Residential. Cassidy gave a brief staff report and stated staff recommends the commission forward this rezone request to the Assembly with a recommendation that it be approved. COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 10A-2, U.S. Survey 3099 from Rl-Single-family Residential to R3-Multi-family Residential, and to adopt the "Findings of Fact" in the staff report dated February 4, 2009 in support of this recommendation. Close regular meeting: Open public hearing: Fred Barber, 2695 Spruce Cape Road, spoke opposing this request. Jon C. Stratman, applicant, spoke in favor of this request. Mendy Pruitt, Kodiak Island Housing Association, spoke in favor of this request. Vicki Klaever, KIHA, spoke in favor of this request. Mary Barber, 2695 Spruce Cape Road, spoke opposing this request. Melissa Borton spoke in favor of this request. February 25, 2009 P&rZ Guidelines Page 3 of 5 Sami King, Kodiak High School and KIHA, spoke in favor of this request. Close public hearing: Open regular meeting: Committee discussion. Roll call vote on motion FAILED due to a 3-3 tie vote. The ayes were WATKINS, JANZ, and KERSCH. The noes were KING, TORRES, and VICKSTROM. The Findings of Fact were deferred until the March 18, 2009 Planning & Zoning Regular Meeting. C) Case S09-014. Request an easement vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50-foot "Easement for Salmon Stream" as depicted on Plat 2006-13, essentially creating a 50-foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20-feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. Cassidy gave a brief staff report and stated staff recommends this vacation request be postponed until the March 18, 2009 regular meeting. COMMISSIONER JANZ MOVED to postpone Case S09-014 until the March 18, 2009 regular Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed information related to the need for the vacation and specifically showing what level of requested relief is necessary to accommodate ADEC requirements for on- site septic system development. Close regular meeting: Open public hearing: Chris Lynch, agent, spoke in favor of this request. Close public hearing: Open regular meeting: Commission discussion. Roll call vote on motion CARRIED 6-0. OLD BUSINESS A) Planning & Zoning Commission By-Laws CHAIR KING stated this is carried over from last month for adoption but after Smith and I attended training in Seattle we would like to discuss the By-Laws more at the March 11~ work session and adopt them at the March 18, 2009 Planning & Zoning Regular Meeting. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. February 25, 2009 PBzZ Guidelines Page 4 of 5 REPORTS A. Meeting Schedule: • March 11, 2009 work session at 7:30pm in the KIB Conference Room. • March 18, 2009 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes from Other Meetings • December 23, 2008 Parks & Recreation Committee Meeting Minutes • October 14, 2008 Parks & Recreation Committee Meeting Minutes Cassidy gave a brief staff report on the meeting schedule, other minutes, the budget, the Trails Plan, and the Pre Hazard Mitigation Plan. COMMISSIONER TORRES MOVED to accept reports as presented. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS Jon C. Stratman expressed concern that rezoning his property is not spot zoning, and past rezones in the area that were denied. He also felt that at least one commissioner would have a conflict of interest in this case and should have removed himself from the vote. Vicki Klaever reiterated they are not proposing a boardinghouse, a halfway house, or any kind of residential treatment facility. They are proposing a residence to accommodate 10 -12 people. COMMISSIONER'S COMMENTS COMMISSIONER JANZ welcomed Jennifer Vickstrom. COMMISSIONER WATKINS congratulated Duane Dvorak for Employee of the Quarter. He also said he wished the Stratman case went differently, and he thanked everyone for coming in. COMMISSIONER TORRES explained to Mr. Stratman that according to the borough code it specifically states that he would have to have a financial stake in it, which he does not. ADJOURNMENT With no objection, the chair adjourned the meeting at 8:50 p.m. By. ~ l_._ ~ .. Dave King, Chair ATTEST: Sheila Smith, Secretary APPROVED: March 18, 2009 February 25, 2009 PC~aZ Guidelines Page S of 5