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LAKESIDE 2ND LT 1C - Screening Review3. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Regular session closed: Public hearing opened: Mary Lynn McFarland spoke on her husbands behalf due to him being out of town. Jack McFarland 'requests postponement for another month so everyone can get a better understanding of the recommendations. February would work best. Public hearing closed: Regular session opened: COMMISSIONER McMURRY MOVED TO POSTPONE Case S06-007 until the Regular Meeting of February 15, 2006. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 5-0. F) Case 06-001. A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2❑d Addition Lot IC, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G — Screening. Located in Lakeside Subdivision, 2nd Addition, Lot 1C, and zoned I -Industrial. Staff indicated there were (47) public hearing notices distributed on October 11, 2005. Based on the last meeting the Commission requested additional information on how Mr. Russell would comply with the performance standards for this type of use. The sawmill will be powered by a Volkswagen engine with muffled exhaust, and the applicant will build an 8 foot wooden fence or barrier between the sawmill and the residential zone. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called and CARRIED 5-0. (The motion was made at the November 16, 2005 Regular Meeting. COMMISSIONER JANZ MOVED TO APPROVE the applicant's screening and development plan relative to the installation of a portable sawmill to be located on Lot 1C Lakeside Subdivision 2nd Addition, subject to the specific performance standards of KIBC 17.24, further clarified.below as Findings for Case No. 06-001, and COMMISSIONER KING SECONDED the motion). VII. OLD BUSINESS A) Draft Amendment of P&Z By -Laws. Ogle stated this is to amend the by-laws, primarily to state the agenda will be placed outside the Community Development door for public review and open door policy compliance, and stating that staff reports for public hearing petitions will be available to the applicant and Commissioners 12 days prior to the public hearing which would be the Friday before the packet P & Z Meeting Minutes December 21, 2005 Page 8 of 10 Mr. Lee Russell PO Box 9024 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us December 28, 2005 Re: Case 06-001. A request for Planning and Zoning Commission review and approval, in accordance with KIB Code Section 17.24.060 G — Screening (Performance standards Screening), of required screening plan preparatory to the development of Lakeside Subdivision 2nd Addition Lot 1C, located at 2430 Beaver lake Drive. Dear Mr. Russell: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on December 21, 2005, reviewed and approved the screening request cited above, subject to the following conditions: 1. Must comply with the detailed performance criteria that the applicant submitted. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the, Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS Relative KIBC 17.24.060 Performance Standards [A] The specific criteria related to 17.24.060 A — Noise shall be adhered to. [B] The specific criteria related to 17.24.060 B — Lighting shall be adhered to. [C] The specific criteria related to 17.24.060 C — Fire & Safety Hazards shall be adhered to. Page 1 of 2 [E] [F] [G] The specific criteria related to 17.24.060 E — Dust & Smoke shall be adhered to. The specific criteria related to 17.24.060 F — Open Storage shall be adhered to. The specific criteria related to 17:24.060 G — Screening, as approved by this Commission, shall be adhered to. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486-9363. Sincerely, Mary Ogle Director K Public Hearing Item VI -F Kodiak Island Borough Planning and Zoning Commission SUPPLEMENTAL MEMORANDUM DATE: December 9, 2005, TO: Planning and Zoning Commission FROM: Community Development Department Through: Mary Myers -Ogle, AICP, Director SUBJECT: Information for the November 16th, 2005 Regular Meeting CASE: 06-001 APPLICANT: L.L. Russell REQUEST: A Performance Standards review, in accordance with KIBC 17.24.060, prior to the establishment of an enterprise on Lot 1C Lakeside Subdivision 2nd Addition: LOCATION: Lakeside Subdivision 2nd Addition Lot 1C; 2430 Beaver. Lake Drive. ZONING: 1-- Industrial Zoning District. (47) public hearing notices were distributed on October 11, 2005. COMMENTS At the November 16, 2005 Regular Meeting of the Planning and Zoning Commission, the Commission voted to postpone its decision in the above referenced case until the December 21,`2005 Regular Meeting, subject to receipt of clarifying information regarding the proposed development. Correspondence requesting clarifying information and Mr. Russell's response is attached for the Commission's review and consideration. N:\CD1P&Z Commission\Current Month\06-001 Supp Memo Staff Rpt.doc Page 1 of 1 , P & 2 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us November 17, 2005 Mr, Lee Russell P.O. Box 9024 Kodiak AK 99615 Re: Case No. 06-001 A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2nd Addition Lot 1 C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G —'Screening. Dear Mr. Russell, At the November 16, 2005 Regular Meeting of the Planning and Zoning Commission, the Commission voted to postpone its decision in the above referenced case until the December 21, 2005 Regular Meeting, subject to receipt of clarifying information regarding the proposed development. Specifically, the Commission has requested that you respond in writing and indicate how_your:.proposed: development and:useJs;, or;may beicansidered, consistent with each of the.performance,standards listecj in KIBC 17.24;060 • Please provide Written commentary supporting a finding of consistency with the performance standards listed below. Staff has identified three (3)'performance standards, which may be addressed administratively during the permitting process, and therefore do not require any deliberation at this time. 17.24.060 Performance standards. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases. are prohibited. E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. ''ona •' , G Screening :Where;an:industrtal use is adjacent to and within one hundred (100) feet . of a residential use or zones;that mdustry.shall pravidelscreening as approved by the commission i ' Es': E lll" N:\CD\P&Z Commission\Next Months Cases106.001 Request.doc DEC - 8 2005' UNITY DEVEt4P iENiDEPAR pg1 of 2 For you cenvenierice, have -Included erseparate:theettentainingcthe'qUettiOned performance standards, with room for your responee(a), as an enclosure with this correspondence. Please do not hesitate to contact this department should you require additional help formulating your responses, and thank you in advance. Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department mlydickkib.co.kodiatak.us (907) 486 - 9361 Cc: Mary Myers Ogle, AICP, Director, Community Development Department KIB Planning & Zoning Commission . Enc: Response sheet NACMP&Z Commission \Next Months Cases106-001 Requestdoc pg2 of 2 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case No. 06-001 A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivislop-Zd.Addition Lot 1C; -located at 2430 Beaver Lake Drive, in accordance with RISC 17.24.060 G Screening. . 17.24.060 Performance standards. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due -to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. ¶i4€_ SAWMILL t$ A- Mo agnicierrla� l a Y e6J2rler & v 4- 6 [7' 7�% `�`ie 0 h_tt_s' <._J/4-6; an/ fft! (/t Ciee✓f7ey /:csy 0 -/Pd r /(QQGK ` 4-.55-77°G «7 D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. i1/27 fvf: E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. 0OerS No 7— G. G. Screening. Where an industrial use is adjacent to and within one hundred.(100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. stir Lc Ci SW g (Dori ( boa, T CLJnr O,c _1<e,c , ;s-rwrxv S*0/11 f-& /live /&.v0r Ainel Z© ;ve , Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us November 17, 2005 Mr. Lee Russell P.O. Box 9024 Kodiak AK 99615 Re: Case No. 06-001 A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2nd Addition Lot 1C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G — Screening. Dear Mr. Russell, At the November 16, 2005 Regular Meeting of the Planning and Zoning Commission, the Commission voted to postpone its decision in the above referenced case until the December 21, 2005 Regular Meeting, subject to receipt of clarifying information regarding the proposed development. Specific Ilac lla y.,.the Commissioniias:requested that you�r_espond in writing and indicate' how your proposed development and use is, or may be considered, consistent with' each'of the performance%standards listed\in KIBC � .24.060 I ) 1, Please provide written commentary supporting a finding of consistency with thee;! performance standards tilted below. Staff h s identified three (3f) performance standards, which may be addressed administratively during he permitting process, and therefore do not require any+deliberation at this time. 17.24.060.Perform nce standards.. ' A. Noise-_-Themoise emanating:from a premises -used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; .and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. C. Firo and caffcty hazardc D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Opon-ctorago. G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. N:\CD\P8Z CommissionWext Months Cases \D6 -D01 Request.doc pgl of 2 For you convenience, we have included a separate sheet containing the questioned performance standards, with room for your response(s), as an enclosure with this correspondence. Please do not hesitate to contact this department should you require additional help formulating your responses, and thank you in advance. Martin Lydick, Associate,Plahner Kodiak Island Borough, Community DevelopinenDepartment rrilydickCa kib.co.kodiak.ak:us (907) 486 49361 +, t Mary MyersOgle, AI�CP, Director, Community Development Department �KIB Planning• &Zoning Enc: `Response sheet N:\CD\P&Z Commission\Next Months Cases\06-001 Request.doc pg2 of 2 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case No. 06-001 A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2nd Addition Lot 1C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G -- Screening. 17.24.060 Performance standards. A. Noise. The noise emanating from a premises used for Industrial activities shall be muffled so as to not become'objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. D Odor. Uses causing the ession of obnoxious odorsrof corrosive fumes or gases are prohibited. 1 9 ny kind and the emissidn of any toxic or \ \\ E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. Public Hearing Item VI -A Kodiak Island Borough Planning and Zoning Commission MEMORANDUM DATE: October 6, 2005 TO: Planning and Zoning Commission FROM: Community Development Department Through: Mary Myers -Ogle, AICP, Director SUBJECT: Information for the November 16th, 2005 Regular Meeting CASE: 06-001 APPLICANT: L.L. Russell REQUEST: A Performance Standards review, in accordance with KIBC 17.24.060, prior to the establishment of an enterprise on Lot 1C Lakeside= Subdivision 2" Addition. LOCATIOM: Lakeside Subdivision 2" Ad ition Lot 1C; 2430 Beaver ' i Zoning ZONING: ] it 1—IndustrialI Zoning Distr (47) public heard g notices were distributed on October 11, 2005; I° Date of site visit.) 1 Various 1., ZoninwHistory,: The` 1968 Comprehensive\Plan identifies this area ass zoned j 1 Public a�,id Semi-public. The. plan projected a Year 2000 land use of Public and Oen Space, in addition to LI Light Industrial. The property was zoned I — Industrial by Ordinance 80-14-0 in 1980. 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: Lot Lakeside 2nd Lt 1D Use: Automotive Salvage Zoning: I - Industrial South: Lot Selief Estates Block 2 Lot 22, 23, & 24 Use: Vacant (Lot 24 under construction) Zoning: R-1 Single Family Residential Zoning District East: Lot Lakeside 2nd Lt 1 B-3 Use: Warehouse Zoning: I - Industrial 23,281 square feet Vacant Case 06-001/Staff Report Page 1 of 4 P & Z: November 16, 2005 Public Hearing Item VI -A West: Lot USS 3466 LT 9A-1 Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District 5. Comprehensive Plan: The 1968 Comprehensive Plan identifies this area as Public and Open Space. The Lakeside / Safeway Subarea Plan, adopted and incorporated into Borough Code by Ordinance No. 91-31, depicts this area as General Business and Retail Business. 6. Applicable Regulations: The following sections of Title 17 of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KODIAK ISLAND BOROUGH CODE 17.24.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to notbecome•objectionable-duestorintermmittent beat, frequency, or shrillness, andhwhere`a'use adjoins -a residential-district,�the � i se -loudness measured at the boundary line -shall= -not exceed-niniety-(90) decibels. ` j B. Lighting. Any lighting shall not bie.used in atmannerwhich produces glare on public highways and neighboring property} Arcweiding, acetyllene torch cutting gand similar processes shall be performed so as Hort} be seen outside the'propertyrwi"' / / ,r t C. Fire and safety hazards. The^storage andlhandling of inflammableliquids, liquefied [petroleum, gases and explosives shall comply with the fire prevention\code jand all other applicable laws and regulations. Enameling and paint sprayipg operations- shall be permitted when incidental to the :principal use and when such/operations are contained within a building of two-hour fire -resistive construoti©n. Bulk storage_ of_infla`mmable liquids below groundrshall be permitted‘ if theltank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. [_ D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open storage. Any storage shall not be located closer than twenty-five (25) feet to any street right-of-way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development Not Applicable Commercial/Industrial Development 1. Natural Features Not Applicable 2. Natural Setting, View and Access Not Applicable 3. Dredge and Excavation Material Not Applicable Case 06-001/Staff Report Page 2 of 4 P & Z: November 16, 2005 4. Facility Design 5. Buffer Zones Not Applicable Public Hearing Item VI -A Buffer zones shall be established to the extent feasible and prudent, between business areas and major transportation routes and between business development and adjacent, non -business properties in order to minimize conflicts between land uses. Consistent: 'Yes. Zoning regulations for the I — Industrial zoning district will control at the time of permit issuance. According to 17.24.060 G, where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the Planning and Zoning Commission. 6. Accessory Development Not Applicable 7. Wetlands Not Applicable COMMENTS This requesblor a Performance!!\Standards re, iew is fol Commission approval' of—a screening plan. TheI request has been brought' forward by the applicantin anticipation oft al proposed. use of 'the property as a milling site for' raw lumber products This request differs'tfrom other similar�reviews in,that t precedes any application for zoning compliance. ,, i /� / \ _m1 The action request (screening review) has been expanded by Staff after recogriition of a number of/ unknowns contained in/ the—jnitttal application. Staff feels that the opportunity ,to.„work! I t cooperatively with/ the property lovt'ner, eliciting Commission comment pnor'to development, may result in a more desirable finished project._ It is suggested that the Commission proceed through Performance Standards A thru G listed in the I — Industrial Zoning District. Evaluating how the applicant's proposed installation of a portable sawmill may become a point of complaint from surrounding property owners will aide the applicant identify appropriate mitigation technique(s) acceptable to the Commission. • In order to shorten the list, it may be pointed out that performance standards B, C, and F have objective criteria already listed and may be dealt with during the zoning compliance application review process. The remaining performance standards are much more subjective in nature and should be the focus of the Commission's inquiry. RECOMMENDATION The applicant's proposed use is a permitted use within the I -Industrial Zoning District. Appropriate Commission inquiry and oversight should ensure that the use complies with the performance standards of the I -Industrial Zoning District, and results in a development beneficial to the property owner and the community. Case 06-001/Staff Report Page 3 of 4 P & Z: November 16, 2005 Public Hearing Item VI -A APPROPRIATE MOTION The appropriate motion is: Move to approve the applicant's screening and development plan relative to the installation of a portable sawmill to be located on Lot 1C Lakeside Subdivision 2nd Addition, subject to the specific performance standards of KIBC17.24, further clarified below as Findings for Case No. 06-001. FINDINGS Relative KIBC 17.24.060 Performance Standards [A] [B] [C] [D] [E] [F] [GI The specific criteria related to 17.24.060 A — Noise shall be adhered to. The specific criteria related to 17.24.060 B — Lighting shall be adhered to. The specific criteria related to 17.24.060 C — Fire & Safety Hazards shall be adhered to. The specific criteria related to 17.24.060 D — Odor shall be adhered to. The specific criteria related to 17.24.060 E — The specific criteria related�to 17.24.060 F — i The specific criteria; related to 1794 060 G be adhered to. 3 ; e Dust & Smoke shall be adhered to. Op nStorage shall be adhered to.j Screening, as approved by this Commission, shall T tI Case 06.001/Staff Report Page 4 of 4 P & Z: November 16, 2005 Current Zoning P&Z Case No. 06-001 L.L. Russell Lakeside 2nd Add Lot 1C 2430 Beaver Lake Dr. 2A - NS WATERSHED C CONSERVATION RR RURAL RESOENTIAL RR1 RURAL RESODIDAL 1 RI SINGLE FAMILY sut.N II R2 TNO R3 MULTI FAMILY RESIDENTIAL RB KETAL BUSHESS I INDUSTRIAL U LIGHT INDUSTRIAL UC URBAN NEIGHBORHOOD COMMERCIAL RNC RURAL NETGHBORHCCO COMMERCIAL NU NATURAL USE MILL 2R in Kodiak Island, Alaska 87485020012 Rlist'EYxi,',' t, .. . Real Estate Information 10/06/05 16:02:18 AP01020 Inq Street Number Dr Name Unit City, Zip Code $43'0 $$`AVER LAKE DR 7CODIAK 9'9615 Jurisdirt: 07 Service District 1 ,Srh Di,s,r KISD Artivi,ty 9999 Fnnrtion 9999 Snhr]iv LKSD LAKESIDE gtrurttrre 9000 ... 00000 Nhh'd (*1 SDl SERVICE DIST 1 AREA Salgone: ''e `je' 2 Service District 1 Site 1000 Ownership: 1000 7nne Type . IND INDUSTRIAL Prop, 778e . VAC Value Ry. C CAMA Mass Appraisal 01.(11 Parr. •1 R1453020010 (More...) PR'OP2'0''r. ease enter the parcel or account number (or press desired function) F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys VL PUBLIC HEARINGS , A. Case 06-001. A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2"d Addition Lot IC, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G — Screening. Zoned I— Industrial. Ogle stated 47 public hearing notices were distributed on October 11, 2005. This request was brought forward by the applicant in anticipation of a proposed use of the property as a milling site for raw lumber products. As part of the requirements for the ordinance, he is required to do a screening plan review before the Planning & Zoning Commission as well as to indicate conformance with the performance standards. Staff recommends working with the applicant if he were here tonight to address how he will meet certain performance standards being noise, odor, dust, smoke, and screening. He has indicated he would put an 8 foot tall wooden fence on the property line outside the right of way, but he hasn't indicated how he will address the noise, dust, odor, or smoke concerns. The options are trying to anticipate some issues that would arise from the neighbors and place those conditions on this review or you could elect to continue this for a month and wait until the applicant is present to have an open discussion with him. A brief discussion on the issues. COMMISSIONER JANZ MOVED TO APPROVE the applicant's screening and development plan relative to the installation of a portable sawmill to be located on Lot 1C Lakeside Subdivision 2nd Addition, subject to the specific performance standards of KIBC 17.24, further clarified below as Findings for Case No. 06-001 COMMISSIONER ICING SECONDED the motion. FINDINGS Relative KIBC 17.24.060 Performance Standards [A] The specific criteria related to 17.24.060 A — Noise shall be adhered to. [B] The specific criteria related to 17.24.060 8 — Lighting shall be adhered to. [C] The specific criteria related to 17.24.060 C — Fire & Safety Hazards shall be adhered to. [D] The specific criteria related to 17.24.060 D — Odor shall be adhered to. [E] The specific criteria related to 17.24.060 E — Dust & Smoke shall be adhered to. [F] The specific criteria related to 17.24.060 F — Open Storage shall be adhered to. [G] The specific criteria related to 17.24.060 G — Screening, as approved by this Commission, shall be adhered to. Regular session closed: Public hearing open: Public hearing closed: Regular session open: After a brief discussion, it was ,the consensus of the commission there are too many unanswered questions and they would like more information. P & Z Meeting Minutes: November 16, 2005 Page 2 of 7 Ogle stated that Condition B, C, and F can be handled through the Zoning Compliance application review being lighting, fire, safety hazards, and open storage. COMMISSIONER CARVER MOTIONED TO POSTPONE this case until the December 21 regular meeting. COMMISSIONER KING SECONDED the motion. The commission requested the applicant address directly the performance standards and provide more information on his request. The question was called, and it CARRIED 5-0. VII. OLD BUSINESS A. Case 502-009. Request to extend the compliance deadline in Condition of Approval #2 from November 18, 2005 to January 20, 2006. Ogle stated she believes the commission is aware of this subdivision and this condition. It came before the commission several months ago for a three month extension in order for the property owner to complete the conversion of the bam structure under single family residence. Because of personal reasons he wasn't able to meet the condition and requests another extension until January 20, 2006 COMMISSIONER CARVER MOVED TO APPROVE the amendment of preliminary plat approval for Case S02-009, to extend the compliance date set forth in Condition of Approval #2 until January 20, 2005. COMMISSIONER KING SECONDED motion, and it CARRIED 5-0. CONDITION OF APPROVAL (as amended) 2. Within twenty-nine (38 months including three extensions) months (by January 20, 2006), applicable inspection reports and/or certificate of occupancy required by the Building Department must be issued for conversion of the barn on proposed Lot 3 to a single-family residence, or it must be otherwise brought into compliance with Title 17 Zoning. Absent this, zoning enforcement action will be initiated. B. Draft Amendment of P&Z Commission By -Laws Ogle stated at a work session previously the P&Z Commission voiced concerns about the process of getting staff reports out to the applicants as well as the commission members, and how it relates to the packet review session and the foiuial meeting. She drafted some changes, with the first being in Article 10 Section A where the notice for the public hearing would run fourteen days before the public hearing, and the general circulation of the newspaper. The public will be able to see the legal ad two weeks in advance before the hearing. The second change is in Article 11 Reports and Minutes. The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing, which would be the Friday before the packet review. The packets would be available to the applicant and the Commission that Friday and have up until Wednesday to review the materials before the packet review. P & Z Meeting Minutes: November 16, 2005 Page 3 of 7 L.L. Russell PO Box 9024 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us October 11, 2005 Re: Case 06-001. A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2"d Addition Lot 1C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G — Screening Dear Mr. Russell: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their November 16, 2005 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, November 9, 2005 at 7:30 p.m. in . the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, he.Qa.' Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 0Co-COL l� (QuQ( l p01q ‘"au4WL. '"✓.zssu t 5i7C3.1 .3 '• - s`wiYil Y \-._,• , r� ,•PJ If MOTE"f U.S.{POS AGE84't :06 GLENN & VIRGINIA DICK 2362 BEAVER LAKE LOOP KODIAK, AK 99615 NIXIE 99S 1 01 10/22/0S' RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD 00: 996156399.29 *'1999-01346-22-27 99615%6398 I__IDIAK ISLAND BORO,✓.iH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 16, 2005. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 06-001 APPLICANT: L.L. Russell AGENT: REQUEST: A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2"d Addition Lot 1C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G — Screening. LOCATION: Lakeside Subdivision, 2"d Addition, Lot 1C ZONING: I - Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of Bre request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The Local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, November 9, 2005, a work session will be held at 7:30 p.m, in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: _ i®mss (#0itrifs uso II; ®® 0:4,4 ot tar kits" t iciwo � � nod � ®ut,to 44� ees4 tat IP1 : r•yi�� 1111111111111111 MILL BAY PLAZA ASSOC LTD • 350 MUTUAL LIFE BUILDING 605 FIRST AVE SEATTLE, WA 98104 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 JONATHAN & STACY ROSS 371 ST. ELIAS COURT KODIAK, AK 99615 GLENN & VIRGINIA DICK 2362 BEAVER LAKE LOOP KODIAK, AK 99615 LONNIE WOLFF ETAL ESTER L ' S POBOX 4011 KODIAK, AK 99615 KOD 0(-0 -00k SSELL JIMMY W ASHFORD 9024 PO BOX 703 99615 KODIAK, AK 99615 CARL & VIOLET GRONN 2369 BEAVER LAKE DR KODIAK, AK 99615 GERMAN MONTES ETAL PO BOX 4045 KODIAK, AK 99615 LOLETE URBANO 2368 BEAVER LAKE LOOP KODIAK, AK 99615 LENHART GROTHE PO BOX 8550 KODIAK, AK 99615 EDWARD & MADELYBROWN 2354 BEAVER LAKE LOOP KODIAK, AK 99615 ROBERT & ERLIND BUNSEY P 0 BOX 1069 KODIAK, AK 99615 MICHAEL ALVAREZ 2336 BEAVER LAKE LOOP KODIAK, AK 99615 GAIL PADDOCK 2378 BEAVER LAKE LOOP KODIAK, AK 99615 LINDA MOSIER P 0 BOX 4147 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 ELIZABETH JO PATTINSON 2305 BEAVER LAKE DR KODIAK, AK 99615 KOD 710 MIL KOD99.'5 STEVEN & PATRIC PRUITT 1816 CHICHENOF ST KDOIAK, AK 99615 Ks IIAK ISL 710 •.. Ke .1! ,AK9 BOROUGH DAVID IANI PO BOX 549 KODIAK, AK 99615 ROBERT C. & EARLENE E. BERG P.O. BOX 359 KODIAK, AK 99615 FI STANLEY V SMITH P O BOX 8888 518 AY #205 KODIAK, AK 99615 KO , AK 996 STEVE & TRISH PRUITT 1816 CHICHENOF ST KODIAK, AK 99615 GERALD MARKHAM TANLEY VJWTH 518 W MARINE WAY STE 205 Pi :: :888 KODIAK, AK 99615 K DENNIS & DEBORAMCCUSKER P O BOX 3014 KODIAK, AK 99615 LESTER RUSSELL P 0 BOX 9024 KODIAK, AK 99615 FIELDS RENTALS INC DEWITT & WANDA FIELDS P O BOX 25 KODIAK, AK 99615 WILLIAM BACUS ETAL 650 VON SCHEELE WAY KODIAK, AK 99615 DARSHA & GREGORY SPALINGER PO BOX 2635 KODIAK, AK 99615 205 EDITH GILBERT 2328 BEAVER LAKE LOOP KODIAK, AK 99615 LANIE SERAME PO BOX 2984 KODIAK, AK 99615 JOSEPH & GEORGIANNASPE PO BOX 8541 KODIAK, AK 99615 JOSEPH HOK 2312 BEAVER LAKE LOOP KODIAK, AK 99615 HEIDI SHINN PO BOX 8633 KODIAK, AK 99615 PHYLLIS & NANCY PERRY PO BOX 1772 KODIAK, AK 99615 S 710 IAK, AK 99615 JAMES & LUCYPRYOR 1012 STELLAR WAY KODIAK, AK 99615 CLARENCE W SELIG 2320 BEAVER LAKE LOOP RD KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 OUGH KATHERINE A.S. DILLARD 216 SHELIKOF ST KODIAK, AK 9961.5 GLORIA BISHOP 2278 BEAVER LAKE LOOP RD -DONALD T KODIAK, AK 99615 WH LIAM BEATY JR PO BOX 1862 KODIAK, AK 99615 CIT OF KOD P.O. B 7 KOD , AK 9615 JESSE & NORMA RYAN PO BOX 36 KODIAK, AK 99615 GLORIANA CABBAB 2215 BEAVER LAKE DR KODIAK, AK 99615 MARK & DELORES THOMAS 2249 SELIEF LN KODIAK, AK 99615 BRIAN S & ELIZABETH A GMITCHELL 2195 SELIEF LN KODIAK, AK 99615 JOHN & KERRYBATEMAN 2283 SELIEF LN KODIAK, AK 99615 SCO 1.1 & MELISSA LAUFENBERG 6410 NORM DR. ANCHORAGE, AK 99507 SHAWN C & CHERYL A GORNALL 2165 SELIEF LN KODIAK, AK 99615 ITY OF KOD '..s. BOX 1397 KS IIAK, AK 19615 CITY P.O. B KOD C P ODIAK 1397 AK 99615 OF ODIAK BOX 1 ' 97 DIAK, 99615 KODIAK ISLAND BOr'JGH - COMMUNITY DEVELPnMENT DEPARTMENT 710 Mill Bay Rd., Roo , 5, KODIAK, AK 99615-6398 (907) 486-9 FAX (907) 486-9396 www.kib.co.kodiak.ak.us L r L. Applicant Informat Svl S'SC LL n Property owner's name Po. Co Ic ?fl -4' Property owner's mailing address City /�y� State n00f4- t 41\-- Home phone Work Phone rf6 02V% t-V-zyY6 Agent's name (If applicable) Zlp Mrs" E-mail Addr. Agent's mailing address City State Zip Horne phone Work Phone E-mail Addr. Property Information Property ID Number/s I4ke(7V•4'P Lo! 2, Legal Description _ Current Zoning: 1- - -1-4-3 5c95r /e(�L Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: 0/IV-Ai Proposed Use of Property: Po/erA4te. <,>gltow (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review Is Prue and complete to the best of my knowledge and that it is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plant for variance and conditional use requests and which may include optional supporting documentation as indicated below. Sr `i " P.A-iv arrative/History As -built Survey Photographs _ Maps �/ Other Date Authorized Agent's Signature Date 1 A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: /7 ,Zy 060'6" l"Pled9( Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.13) $250 00 Other (appearance requests, site plan review, etc. Zoning change from to (KIBC 1 .72.030 and 030.C)* Application received by:' Staff signature 11 AYMENT VEWFICATION 025. ▪ 11:15114 f ange, P FeSchedule: (per l A,scmblyResolution Eff�TO I.2005) *0 Paid in hill *** LMk ?ahsiff4 A-'PFAg9 5350.00 1.76 Milt; c` 4 5 S750.00 5.0Il?d/40)65-4Ms S 1.000,00 40.01 acres or more $1,500.00 0Co -00 Applicable Kodiak Island Borough Code Application Requirements General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... Variance 17.66.020 Application. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...A. Approval. If it is the finding,of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary 10 prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Conditional Use 17.67.020 Application and fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as rimy be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That 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; 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. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 1734.090 Site plan requirement. Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and • C. By petition of one (1) or mom owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 N:\CD\Templates\ComDev\Revised F -CUP Variance Application.doc pool riEg Erb Gf �l l'� e2a g peed6 00(9POcroceto