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Kodiak Island Borough ~' ! APR Z o 2009
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Planning &t Zoning Commission
Minutes ~,
March 18, 2009 Assembly Chambers
CALL TO ORDER
CHAIR KING called to order the March 18, 2009 regular meeting of the Planning and Zoning
Commission at 7:35 p.m.
ROLL CALL
Commissioner Present Absent Excused Others Present
Mr. King X Bud Cassidy
Mr. Watkins X Community Development
Ms. Janz X Sheila Smith
Mr. Kersch X Community Development
Mr. Torres X
Ms. Vickstrom X
Vacant
A quorum was established.
COMMISSIONER WATKINS MOVED to excuse COMMISSIONER VICKSTROM.
Voice vote on motion CARRIED unanimously.
APPROVAL OF AGENDA
COMMISSIONER WATKINS MOVED to move Public Hearing item B-Case S09-016 to the first item
tonight.
Voice vote CARRIED unanimously.
COMMISSIONER WATKINS MOVED to approve the March 18, 2009 Planning &r Zoning agenda as
amended.
Voice vote on motion CARRIED unanimously.
APPROVAL OF MINUTES
COMMISSIONER TORRES MOVED to approve the February 25, 2009 Planning &r Zoning Regular
Meeting Minutes.
Voice vote on motion CARRIED unanimously.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Steve Kreber stated that due to a broken fiber optic cable tonight's meeting cannot be broadcast.
PUBLIC HEARINGS
B) Case S09-016. Request preliminary approval, according to KIBC 16.40, of the platting of a
portion of Lot 7, U.S. Survey 3474 creating Lot 7A, U.S. Survey 3474.
Cassidy stated in the past the commission reviewed an appeal of a staff decision not to issue a zoning
compliance permit for the construction of a home which the commission overturned that decision and a
March 18, 2009 P~stZ Minutes Page 1 of 5
zoning compliance permit was issued. Tonight you are approving a subdivision. Staff recommends
approval subject to two conditions.
COMMISSIONER TORRES MOVED to grant Preliminary approval, according to KIBC 16.40, of the
platting of a portion of Lot 7, U.S. Survey 3474 creating Lot 7A, U.S. Survey 3474, subject to two
conditions of approval, and to adopt the findings in the staff report dated February 24, 2009 as 'Findings
of Fact" for case S09-016.
Close regular meeting:
Open public hearing:
Randy Gilbert gave a list of reasons of why they requested preliminary approval to subdivide this parcel.
Close public hearing:
Open regular meeting:
A brief discussion.
CONDITIONS OF APPROVAL
[1] Place a note on the face of the plat that reads: "This plat recognizes anon-conforming lot of record".
[2] Remove reference to Lot 7B in legal description.
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.
Roll call vote on motion CARRIED 5-0.
A) Case 09-014. Request a rezone, according to KIBC 17.205.030.0, to change the zoning of Lot 7,
Block 11, Ouzinkie Townsite Subdivision, a 13,237 square foot parcel, from Rl-Single-family
Residential (KIBC 17.75) to B-Business (KIBC 17.90).
Cassidy gave a brief staff report stating you are being asked to recommend to the Assembly to rezone a
piece of waterfront property in Ouzinkie that is zoned Rl to redevelop that section of town. Staff
recommends approval.
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the
rezoning of Lot 7, Block 11, Ouzinkie Townsite Subdivision from Rl-Single-family Residential to B-
Business, and to adopt the "Findings of Fact" in the staff report dated March 4, 2009 in support of this
recommendation.
Close regular meeting:
Open public hearing:
Close public hearing:
Open regular meeting:
Commission discussion.
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 andJustification for a Change or Amendment.
March 18, 2009 PAZ Minutes Page 2 of 5
The land owner, Ouzinkie Native Corporation, needs this rezone in order to redevelop a property that
has historically been used for commercial and office use for many years. The buildings and use have been
nonconforming for many years and this requested change of zoning will provide the encouragement to
redevelop the site in a manner that allows the continued contributions of this site for the benefit of the
larger community. The rezone request suggests the need for further investigation which is beyond the
scope of this immediate review.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of
the Comprehensive Plan.
The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity
in the community. It also speaks to the need to maintain good two-way communication between the
Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native
corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning
nonconformities that have pre-existed on the rezone site for many years and will encourage the kind of
re-development that is consistent with past use and which has served the best interests of the Ouzinkie
community for many years.
Roll call vote on motion CARRIED 5-0.
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 azea along both sides of Panamazoff 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 stated the applicant requested postponement again while waiting for the Corp of Engineers and
Alaska Department of Fish 8z Game to resolve some issues based on the nature of this easement. Staff
believes this should be postponed until next month.
COMMISSIONER WATKINS asked Cassidy if this salmon easement through Fish &t Game is a State
law or Fish &z Game policy because if it's State law we can't do anything with this easement.
Cassidy stated if he asked him to look into this he hasn't but he will and will have an answer at the next
meeting.
COMMISSIONER WATKINS MOVED to postpone Case S09-014 until the April 15, 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:
Close public hearing:
Open regular meeting:
Roll call vote on motion CARRIED 5-0.
OLD BUSINESS
A)Case 09-012. Adopt findings of fact in support of the commission's denial for a rezone
investigation, according to KIBC 17.85, 17.75 Fst 17.205, from Rl-Single Family Residential to R3-
Multi Family Residential. The location is 2713 Spruce Cape Road and it is zoned Rl-Single Family
Residential. The applicant is Jon C. Stratman.
Cassidy stated the commission made a decision at the last meeting not to approve this rezone request
and findings were deferred to this meeting.
March 18, 2009 P&tZ Minutes Page 3 of 5
COMMISSIONER JANZ MOVED to adopt findings of fact for case 09-012 according to the findings of
fact outlined in the staff report dated March S, 2009
Commission discussion
FINDINGS OF FACT
Finding as to the need and justification for a change or amendment
[1] There is no need or justification for a rezoning of this parcel to R3- Multi-family residential in this
case as the parcel in question is located adjacent to other Rl- Single Family residential zoning district
parcels.
[2] There are other vacant and appropriately zoned parcels in the community that can meet the needs
expressed in this request.
Finding as to the effect a change or amendment would have on the objectives of the comprehensive.
A rezoning of this area to R-3 Multi-family residential though not inconsistent with the recently adopted
comprehensive plan that identifies this area for residential, it is inconsistent with the desire to separate
incompatible residential uses, specifically the need to separate multifamily residential use from single
family residential use.
Recommendation as to the approval or disapproval of the change or amendment
It is recommended that the request for rezoning of the parcel in this request be disapproved.
Roll call vote on motion CARRIED 5-0.
B) Planning &z Zoning Commission By-Laws
CHAIR KING stated we wanted all members to be present for the vote.
COMMISSIONER WATKINS MOVED to approve the following changes to the Planning ~sz Zoning By-
Laws and forward to the Kodiak Island Borough Assembly with a recommendation for approval:
1. Update the code numbers with the new code numbers throughout;
2. Add to Article III-Powers and Duties as item D "Staff" means member of the Community
Development Department;
3. In Article V-Officers and Duties, B-Duties- in #3 strike "an acting Chairperson shall be elected by
the Commission from among its members and insert the senior member shall preside at the
meeting;
4. In Article VI-Quorum and Voting Requirements strike the word "is" and insert "are";
S. In Article IX-Procedure, A- Parliamentary Authority add #1. The Community Development
Department Secretary will be Parliamentarian for the Planning ~St Zoning Commission.
6. In Article IX-Procedure, B. after Robert's Rules of Order, insert Newly Revised (10`h Edition) by
Henry M. Robert and strike the words "Conduct of Meetings"
Roll call vote on motion CARRIED 5-0.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
There was no communications.
REPORTS
A. Meeting Schedule:
• April 8, 2009 work session at 7:30pm in the KIB Conference Room.
March 18, 2009 P~rZ Minutes Page 4 of 5
• Apri115, 2009 regular meeting at 7:30pm in the Assembly Chambers.
B. Minutes from Other Meetings
• January 13, 2009 Parks &z Recreation Committee Meeting Minutes
• February 24, 2009 Parks &z Recreation Committee Meeting Minutes
Cassidy stated the Assembly will fill the vacancy tomorrow night at their meeting so you will have a full
commission.
COMMISSIONER TORRES MOVED to accept reports as presented.
Voice vote on motion CARRIED unanimously.
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
COMMISSIONER TORRES apologized for forgetting his glasses.
CHAIR KING said he will be out of town for work from Apri14 -12, 2009 and will miss the April work
session. He also Smith and he went to Parliamentary Procedure training and would like to do some
training of our own with all the commissioners present.
Smith said she will send out an email asking everyone when it's convenient with dates that the Chambers
are available.
ADJOURNMENT
COMMISSIONER WATKINS MOVED to adjourn the March 18„ 2009 Planning &z Zoning regular
meeting.
The chair adjourned the meeting at 8:14 pm.
ATTEST
By: _~.P1
Sheila Smith, Secretary
APPROVED: Apri115, 2009
KODIAK ISLAND BOROUGH
By:
Dave King, Chair
March 18, 2009 P~seZ Minutes Page 5 of 5