2004-04-21 Regular Meeting KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMIS t I C E O W I E B
REGULAR MEETING APRIL 21, 2004
Sr' ANNE MINUTES MAY 2 8 2004
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 CHAIR FRIEND on April 21, 2004 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present Others Present
Jerrol Friend — Chair Michelle R. Stearns, Director
Cheryl Boehland Community Development Dept.
Gary Carver Duane Dvorak, Associate Planner
Casey Janz Community Development Dept.
David King Erin Whipple, Secretary
Dennis McMurry Community Development Dept.
Reed Oswalt
A quorum was established.
III. APPROVAL OF AGENDA
COMMISSIONER CARVER MOVED TO APPROVE the amended agenda with three
additional communications. The motion was SECONDED by COMMISSIONER
BOEHLAND, and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER KING MOVED TO APPROVE the minutes of March 17, 2004
Planning and Zoning Commission regular meeting as amended. The motion was
SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Dawn Black: Spoke regarding mobile home park issues.
Patrick Saltonstall: Started to speak regarding case S03 -029 but was asked to postpone
his comments until the public hearing for that case.
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VII. PUBLIC HEARINGS
A) Case S03 -029. Request for preliminary approval, in accordance with KIBC
16.40, of the replat of Tracts A, B, and C, T31S, R22W, Seward Meridian,
creating Lots 1 to 13, T31S, R22W, Seward Meridian. (Postponed by the
petitioner from the January 21, 2004 regular meeting agenda)
STAFF reported nine public hearing notices were sent out for this case with none
being returned prior to the meeting. Staff recommended approval of this case.
COMMISSIONER KING MOVED TO to grant preliminary approval to the
subdivision of a portion of Tract A, Section 1, T31S, R22W, Seward Meridian, as
reflected on Plat 88 -45, creating Warner's Saltery Cove Subdivision, Lots 1
through 13, subject to the conditions of approval contained in the staff
memorandum dated April 14, 2004, and to adopt the findings contained in the
same staff memorandum as findings of fact for this case.
CONDITIONS OF APPROVAL
1. Place a note on the final plat as follows:
a. "The covenants applicable to this subdivision may differ from the
applicable provisions of the Kodiak Island Borough zoning code, and
other applicable borough codes. Landowners in this subdivision are
advised to consult with and obtain appropriate permitting from the KIB
Community Development Department prior to developing lots in this
subdivision to ensure compliance with all applicable borough codes."
2. Place a note on the final plat as follows:
a. "Portions of this subdivision are designated wetlands under the
jurisdiction of the U.S. Army Corps of Engineers. Prior to
development, each landowner is responsible for contacting the COE
with their development plan to ensure that proposed development is
appropriately addressed by a general or individual wetlands permit if
required."
3. Obtain a waiver from the KIB Engineering and Facilities Director for the 50
foot road right -of -way width, as requested by ADNR, which is 10 feet less
than the 60 foot local road standard of the Kodiak Island Borough.
4. Prior to final plat approval, the subdivider will secure from the Alaska
Department of Natural Resources a minimum 50 -foot wide access easement,
described by survey description, covering the existing dirt road that provides
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access from the Saltery Cove Road right -of -way to the Warner's Saltery Cove
Subdivision.
5. The subdivider shall demonstrate that each lot has the capability to meet the
wastewater disposal standards of ADEC and have access to adequate amount
of potable water for domestic purposes per KIBC 16.70.020.B. Should
certain lots only be able to meet the wastewater disposal standards of ADEC
by the implementation of a non - conventional alternative disposal system, that
lot (or lots) shall be identified on the face of the plat as requiring a non-
conventional wastewater disposal system.
6. Prior to final plat approval, provide a copy of the bylaws governing the
conduct of Home Owner Association business for non - public hearing review
by the Planning and Zoning Commission.
7. The proposed covenants may be amended at the request of the Borough
Attorney as to form and content, however, any substantial changes to the
covenants will require another appearance before the Planning and Zoning
Commission as an item of Old Business.
FINDINGS OF FACT
1. With conditions of approval and the grant of a waiver for road ROW
width, 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 BOEHLAND.
Regular session closed.
Public hearing opened:
Patrick Saltonstall: Spoke against this request.
Ken Warner, applicant: Spoke in favor of his request and presented himself to the
Commission for questions.
Randy Blondin: Spoke in favor of this request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
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Commissioner Oswalt expressed concern over the proposed access easement
width of 50'.
COMMISSIONER OSWALT MOVED TO AMEND the main motion to change
condition of approval #3 to state that the road right -of -way width will be 60 feet in
width.
The motion was SECONDED by COMMISSIONER CARVER.
COMMISSIONER JANZ MOVED TO POSTPONE this case until the May 19,
2004 regular meeting of the Planning & Zoning Commission.
The motion was SECONDED by COMMISSIONER OSWALT and carried by
unanimous voice vote.
B) Postponed by applicant prior to meeting
C) Case 04 -006. Request for a conditional use permit, in accordance with KIBC
17.67, allowing establishment of a remote transmitter receiver /remote
communication tower on Pillar Mountain.
STAFF indicated seven (7) public hearing notices were distributed for this case
with none being returned. Staff recommended approval of this request.
COMMISSIONER CARVER MOVED TO grant a conditional use permit, in
accordance with KIB Code Section 17.13.040 H. (Conditional Uses) and with
KIBC 17.67, allowing establishment of a remote transmitter receiver /remote
communication tower on Pillar Mountain, subject to five (5) conditions of
approval contained in the staff report dated March 8, 2004, and to adopt the
findings contained in the staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. The color of structures and equipment will be subdued to blend in with the
natural environment surrounding the facilities; and natural vegetation
immediately surrounding the facilities will be preserved to the maximum
extent possible to preserve visual aesthetics.
2. Should the site be abandoned for any reason including the future advance of
communications technology or development of alternative communications
facilities, the site will be cleared of all improvements within one year of
abandonment and returned to a natural regenerated state.
3. Should the exterior of the facility require modification to accommodate new
or different equipment, which would substantially alter the visual impact of
the facility, the modifications must be reviewed and approved by the
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Commission, as an amendment to this case, subject to payment of a new fee
for public hearing review of a Conditional Use Permit.
4. The landowner and/or developer, within 6 months of the date of Commission
approval, shall develop and submit to the Community Development
Department a site plan for the leased premises in ACAD.dwg format for the
purpose of inclusion into existing mapping databases.
5. In reviewing this request, the Commission has substantially relied upon the
project description and application for conditional use, dated February 26th,
2004, which was submitted by The Federal Aviation Administration. The
conditional use, therefore, is specifically limited to the facilities and
operational parameters set forth therein.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and
integrity of the surrounding area.
Similar communication and utility facilities on Pillar Mountain have
existed for many years, in the area, without conflicts. Conditions of
approval to address aesthetic and visual concerns will preserve the value,
spirit, character and integrity of the surrounding area. Natural vegetation
is required to be maintained around the facility. Colors of structures and
equipment will be subdued to blend in with the surrounding natural
environment. If the facility is abandoned, the site will be cleared of
equipment and structures and returned to a natural state. Any change of
technology that would require new or different equipment that would
change the essential visual character of the site or safety characteristics of
the operation of the facility must be reviewed and approved by the
Commission at public hearing prior to installation. Future conditional use
reviews in this area will be based upon the cumulative impact of all
established conditional uses in the area.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
The conditional use will fulfill all the requirements of the C- Conservation
zoning district. The site is above groundwater recharge areas and natural
vegetation is required to be preserved to the maximum extent possible. In
addition, all required setbacks will be maintained within the City of
Kodiak's exterior ownership boundary, which is far in excess of the
minimum five (5) acre lot area requirement.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health, safety, convenience and comfort.
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This facility will be constructed and maintained in accordance with all
applicable federal, state and local requirements. All construction will meet
standards of the Uniform Building and Fire Codes, and communication
equipment will be installed and operated in conformance with applicable
FCC regulations.
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.
The site is well separated by topography and vegetation from residential
areas. The contiguous land ownership of the City of Kodiak far exceeds
the minimum of area of five acres required by the C- Conservation zoning
district. Natural vegetation will be maintained as a condition of approval
to preserve, to the extent feasible, the visual continuity of the surrounding
area.
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 SO4 -003. Request, in accordance with KIBC 16.40, of the replat of Kodiak
Townsite, Block 14, Lots 6A, 6B, 6C and 6D and a vacation, per KIBC 16.60, of
the access and utility easement on the entire flag stem portion of Lot 6B and a
vacation of the 15 foot access and utility easement located along the southeast lot
line of lot 6B, creating Lots 6A -1, 6B -1 and 6C -1, Block 14, Kodiak Townsite.
STAFF indicated sixty -five (65) public hearing notices were mailed for this case,
and none were returned. Staff recommended approval of this request.
COMMISSIONER OSWALT MOVED TO grant preliminary approval, in
accordance with KIBC 16.40, of the replat of Kodiak Townsite, Block 14, Lots
6A, 6B, 6C and 6D and a vacation, per KIBC 16.60, of the access and utility
easement on the entire flag stem portion of Lot 6B and a vacation of the 15 foot
access and utility easement located along the southeast lot line of lot 6B, creating
Lots 6A -1, 6B -1 and 6C -1, Block 14, Kodiak Townsite, and to adopt the findings
in that staff report as "Findings of Fact" for this case, with the exception of
Condition of Approval #5.
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CONDITIONS OF APPROVAL
[1] Plat note containing the language "Due to extreme slopes, parts of these
properties may be susceptible to erosion and /or mudslides during heavy
rains" appear on the face of the plat.
[2] Designate the flag stem portion of Lot 6B -1 as a utility easement to
provide for the relocation of utilities serving Lots 6B -1 and 6C -1.
[3] A pedestrian access easement across Lot 6C -1 in favor of Lot 6B -1 to be
recorded and shown on the plat.
[4] The stairway serving Lot 6B -1 must be reconstructed to meet UBC
standards.
[5] No expansion of the structure or use may occur on Lot 6B 1 until drive
access and on site parking are constructed.
[6] The Applicant must file a Kodiak Island Borough Code Title 16
conforming plat, depicting the vacation and replat, within twenty four (24)
months for this vacation and replat to be effective per Kodiak Island
Borough Code 16.60.040 B.
[7] The water and sewer service to Lot 6B -1 shall be separated from the
service connected to Lot 6C -1 and reconstructed in a manner approved by
the City of Kodiak Public Works Department. Evidence of Public Works
approval will be provided to complete this case file prior to final plat
approval.
FINDINGS OF FACT
1. This request for vacation meets the minimum application standards of
Kodiak Island Borough Code 16.60.020.
2. This request for vacation meets the minimum application standards of
Kodiak Island Borough Code 16.60.030 A and B.
4. This request for vacation does not unduly diminish the public's interests.
5. This request for vacation does not unduly prejudice surrounding private
property interests.
The motion was SECONDED by COMMISSIONER KING.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
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Public hearing closed.
Regular session opened:
COMMISSIONER CARVER MOVED TO AMEND the main motion to
reinstate Condition of Approval #5 and to change it to read "No change of use
may occur on Lot 6B -1 until drive access and on -site parking are constructed.
The motion was SECONDED by COMMISSIONER BOEHLAND.
The question was called on the amendment and CARRIED by unanimous roll
call vote.
The question was called, and the amended main motion CARRIED by unanimous
roll call vote.
E) Case SO4 -004. Request for preliminary approval, in accordance with KIBC
16.40, of the replat of Lot(s) 9B, 10B -1, & 10B -2 United States Survey 3099 and
the vacation, in accordance with KIBC 16.60, of a thirty (30) foot utility easement,
located fifteen feet on each side of the lot line between Lots 9B & 10B -1, creating
Lot 10C United States Survey 3099.
STAFF indicated thirty -two (32) public hearing notices were distributed for this
case with none being returned prior to the meeting.
COMMISSIONER MCMURRY MOVED TO grant preliminary approval, in
accordance with KIBC 16.40, of the replat of Elderberry Heights Subdivision 3rd
Addition, Block 5, Lots 14 and 15 and the vacation, in accordance with KIBC
16.60, of a ten (10) foot sewer easement, located five feet on each side of the lot
line between lots 14 & 15, and the vacation of a ten (10) foot sewer easement,
located along the southwest lot line of lot 15, creating Elderberry Heights
Subdivision 3 Addition, Block 5, Lot 14A, and to adopt the findings in that staff
report as "Findings of Fact" for this case and striking Condition of Approval #3.
CONDITIONS OF APPROVAL
[1] The Applicant must file a Kodiak Island Borough Code Title 16
conforming plat, depicting the vacation, within twenty four (24) months of
Assembly approval of the vacation in order for this vacation to be effective
per Kodiak Island Borough Code 16.60.040 B.
[2] The application for vacation must be reviewed by the Kodiak Island
Borough Assembly prior to becoming final.
{3] Reduce the numbcr of driveways from two (2) to one (1) per ADOT /PF
request dated April 1, 2004.
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FINDINGS OF FACTS
1. This request for vacation meets the minimum application standards of
Kodiak Island Borough Code 16.60.020.
2. This request for vacation meets the minimum application standards of
Kodiak Island Borough Code 16.60.030 A and B.
3. This request provides a vacation of a utility easement(s) that is consistent
with adopted Borough plans for this area.
4. This request for vacation does not unduly diminish the public's interests.
5. This request for vacation does not unduly prejudice surrounding private
property interests.
The motion was SECONDED by COMMISSIONER CARVER.
Regular session closed.
Public hearing opened:
Alan Torres, Applicant: Stated that he had contacted DOT and they had stated
they did not have a problem with him maintaining two driveways.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
VIII. OLD BUSINESS
A) KEA screening plan review.
Request for Planning and Zoning Commission review and approval, in
accordance with KIBC 17.21.050.B and C, of a lighting and screening plan
that were required as conditions of approval for Case 04 -003, a Conditional
User Permit to allow a storage warehouse to be constructed on Tract C -3, U.S.
Survey 1396.
Staff recommended the Commission approve appropriate screening along the
common lot line between Tract C -3 and Tract C -2, U.S. Survey 1396 and that
it also approve appropriate security and work lighting to serve Tract C -3, U.S.
Survey 1396.
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COMMISSIONER BOEHLAND MOVED TO approve a screening plan, in
accordance with KIBC 17.21.050.C, consisting of a seven (7) foot chain link
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fence with screening slats and one (1) foot of barbed wire on top, located
between Tract C -3 and Tract C -2, U.S. Survey 1396 and to approve a lighting
plan in accordance with KIBC 17.21.050.B, which is comprise of four (4) 100
watt high pressure sodium vapor street lights with directional lenses as
indicated on the petitioner's diagram and letter dated March 24, 2004.
FINDING OF FACT
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1. A seven (7) foot chain link fence along the common lot line between Tract
C -3 and Tract C -2, U.S. Survey 1396, will be adequate to reasonably "screen"
1 a commercial outdoor storage use and warehouse from an adjoining residential
apartment complex. The proposed screening will physically, separate the
outdoor storage area from the adjoining lot. Traffic to and from the outdoor
I storage area to pickup and deliver equipment and supplies is the is the most
likely source of impact to affect adjoining residential development. The
lighting is necessary to provide for year around security and as a work light for
the KEA linemen that need to access the site for material and supplies at all
hours of the day and night. The street lights used are the lowest wattage lights
in the KEA inventory and they use directional lenses to focus the light onto
Tract C -3, U.S. Survey 1396.
COMMISSIONER JANZ SECONDED the motion.
The motion CARRIED by unanimous roll call vote.
B) Comments on Draft Kodiak Area Plan
IX. NEW BUSINESS
There was no new business.
X. COMMUNICATIONS
A) Letter dated March 31, 2004 to Pat Carlson from Senator Gary Stevens and
Representative Dan Ogg regarding recent developments involving changes to
Alaska's Coastal Zone Management Programs.
B) Web page address regarding LBCS systems.
C) Kodiak Daily Mirror article regarding trail plan process.
There were no further communications.
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COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A
through C of Communications. The motion was SECONDED by COMMISSIONER
KING, and CARRIED by unanimous voice vote.
XI. REPORTS
STAFF reported the following meeting schedule:
A) May 5, 2004, 7:OOpm, KIB Conference Room, Chiniak Comprehensive Plan
Update/Mobile Home Park Code Revisions Worksession
B) May 10, 2004, 7:OOpm, Womens Bay Workshop at Peterson Elementary
C) Meeting schedule:
• May 12, 2004 work session at 7:30 p.m. in the KIB Conference room.
• May 19, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER KING MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous
voice vote.
XII. AUDIENCE COMMENTS
There were no audience comments.
XIII. COMMISSIONERS' COMMENTS
COMMISSIONER MCMURRY: Wanted staff to know the Commissioners do hear them
occasionally.
COMMISSIONER BOEHLAND: Encouraged all conversion about cases to be done at
the public hearings, not the work sessions.
COMMISSIONER OSWALT: Stated that he believes the work sessions are a time to
discuss the cases before them, not make decisions, and he feels the work sessions are very
valuable.
COMMISSIONER FRIEND: Stated that he didn't feel any decisions were made at the
work session.
IX. ADJOURNMENT
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CHAIR FRIEND ADJOURNED the regular meeting at 9:54p.m.
p t
KODIAK ISLAND B • : OUGH
PLANNING A 1 ZON ., ' • ION
By: A�
Jerrol Friend, Chair
ATTEST
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By: C/Li Ct.�j1 01:15
Erin Whipple, Secreta
Community Development Department
DATE APPROVED: May 19, 2004.
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