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1985-01-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - January 16, 1985 I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Gregg on January 16, 1985 in the �.� Borough Assembly Chambers. II ROLL CALL Commissioners Present: Others Present: Ken Gregg, Chairman Linda Freed, Director Steve Rennell Community Development Department Tim Hill Bud Cassidy, Assistant Planner/ Dan James Zoning Officer, Community Marlin Knight Development Department Mike Anderson Dave Crowe, Borough Engineer Fred Patterson Engineering Department Patricia Miley, Secretary Community Development Department III APPROVAL OF AGENDA COMMISSIONER HILL MOVED TO APPROVE THE AGENDA. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER KNIGHT requested his comments regarding Case 84-132, page 4, be amended to more thoroughly reflect the intent of his statement. 01. COMMISSIONER HILL MOVED TO ACCEPT the minutes of the December 19, 1984 Planning and Zoning Commission Meeting as AMENDED. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS A) CASE 84-134. Request for a twenty-five year lease of 11.2 acres of Borough property legally described as a portion of Lot 1, U.S. Survey 2539, known as Nixon's Ranch in accordance with Section 18.40.020(B) of the Borough Code. (Northern Lights Riding for the Handicapped) LINDA FREED indicated additional handouts related to this case: a letter from Jack Cripe of the Kodiak Rodeo Association, a letter from Jim Cobis, and a copy of a proposed resolution. Regular Session Closed. Public Hearing Opened: JANE NUTTALL, a spokesperson for the Association of Retarded Citizens of Kodiak (ARCK), stated that ARCK supports the concept of a horseback riding program for the handicapped and the use of Borough land for that purpose, but requested the Planning and Zoning Commission be cautious in granting this lease due to the difficulties that Northern Lights Riding for the Handicapped has encountered in organizing and providing a regular program schedule. ARCK recommended this lease be granted for a period of one year and that a careful evaluation be done after that period to determine renewal. MARY MATHES, Chairperson of the Women's Bay Community Council (WBCC), indicated that WBCC feels that the request would be an appropriate use of this property and that WBCC voted to voice non -objection to KIBS225617 the lease but that any lease granted should require strict accountability and be subject to review on a regular basis. The resolution presented seems to cover WBCC's concerns. RANDY COVEY, Program Coordinator for Northern Lights Riding for the Handicapped (NLRH), indicated the only problem NLRH would have with the resolution presented would be the one year term and asked that the term be changed to five years with numbers 2, 3, 4, 5 and 6 of the proposed resolution remaining unaltered. Mr. Covey indicated that NLRH met on January 15, 1985, elected officers for the Board of Directors, and is actively pursuing its tax-exempt status from the IRS. COMMISSIONER HILL asked Mr. Covey if any of the Board of Directors were present this evening. Mr. Covey replied that Joe Brodman is present. COMMISSIONER KNIGHT questioned Mr. Covey concerning the necessity of having a five year term of lease to secure state funding. Mr. Covey explained that permanent structures would be required and that NLRH would need a place to board the horses. DAN MACIAK indicated that in his opinion NLRH has no program and that NLRH has had more than sufficient time to establish a program and is opposed to any lease to NLRH. RANDY COVEY indicated that there was a program and children did ride during the past year. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL indicated that he would not be opposed to the one year term of lease because of the needs of the handicapped community. COMMISSIONER KNIGHT as a father of a handicapped child would like to see programs available to handicapped children and thinks the resolution as drafted provides the opportunity to test the sincerity and the ability of NLRH to develop a program that provides these services. COMMISSIONER JAMES MOVED TO APPROVE the resolution as presented by the Community Development Department recommending the Assembly enter into an agreement to lease a portion of Lot 1, U.S. Survey 2539. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 84-135. Request for a variance from Section 17.33.060 (Building Height Limit), a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL-Public Use Lands District. A portion of Lot 2, Block 1, Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. LINDA FREED indicated additional information: information provided to the Assembly by the Borough Manager from Flirite and information from the Borough Assessor, also public hearing notices from the Kodiak Baptist Mission, Asa Beehler, and the Kodiak Island Hospital's Administrator James Gingerich. Regular Session Closed. Public Hearing Opened: BILL GLYNN reiterated his intent to establish a site inside the City limits suitable for local FM radio use (and possible TV use in the future) meeting all the FCC criteria for such a site as discussed at the work session. COMMISSIONER HILL asked if Mr. Glynn had seen a copy of the proposed resolution. Mr. Glynn indicated that he had no problems with the resolution as written and stated that the hospital's objections were groundless considering the amount of VHF equipment within the building. COMMISSIONER RENNELL asked how P & Z Regular Meeting -2- KIBS225618 January 16, 1984 far away the hospital is from the site. Mr. Glynn indicated several hundred feet and well below the horizontal plane of the transmitting antenna that he is intending to put on the tower. COMMISSIONER GREGG asked if the FCC license is contingent on the lease. Mr. Glynn indicated that it was not but that he needed a site for an application for a construction permit. COMMISSIONER GREGG indicated that the hospital would have a master plan drawn up by July or August of 1985 that would outline the hospital's use of the property through the end of the century and if Mr. Glynn's plans could proceed with an alternative site. Mr. Glynn indicated that his alternative would be a very poor second and prefers to use this particular site. COMMISSIONER KNIGHT asked if at the end of the five-year lease the tower might be disassembled. Mr. Glynn indicated that he hoped not but that there was that possibility. COMMISSIONER KNIGHT asked if Mr. Glynn would go ahead with the investment for the tower with that condition. Mr. Glynn indicated he would. COMMISSIONER KNIGHT asked if the hospital's master plan would be completed by July. LINDA FREED indicated that was the hospital's intent as stated in their letter. COMMISSIONER KNIGHT indicated that even with the master plan he doubted a helicopter pad would be constructed in three years and asked if the hospital had a timeframe or a definite goal. LINDA FREED indicated that in terms of what the Hospital Advisory Board has provided, "no," but that at a meeting in two weeks time the Borough Assembly will be talking with the City of Kodiak about a site for a helicopter pad that is not on the hospital property. Whether the Hospital Advisory Board is involved in those discussions, Ms. Freed did not know; it may be that two different agencies are looking at two different sites. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL indicated that he saw no interference between the proposed helicopter pad and the radio antenna. COMMISSIONER PATTERSON concurred with Mr. Hill and felt that if the hospital needed the land at the end of the five year period the lease could be either reviewed or renegotiated at that time. COMMISSIONER GREGG stated that he tended to agree and that five years was a reasonable period of time. COMMISSIONER RENNELL asked staff if this lease had been turned down by the Borough Assembly. LINDA FREED indicated that a letter of request went to the Borough Assembly, it was approved at one meeting and it was rejected at the next. In the interim staff had indicated to Mr. Glynn that there were some Planning and Zoning approvals that he would need to get prior to the Assembly's accepting the lease. Mr. Glynn chose to continue with the Planning and Zoning Commission process. COMMISSIONER RENNELL asked what will happen if this is passed. LINDA FREED indicated that this will be forwarded to the Borough Assembly with the Planning and Zoning Commission's recommendation attached. COMMISSIONER RENNELL asked if the Borough Assembly would then decide to reconsider or reject the resolution. LINDA FREED indicated that the Borough Assembly would then have a Planning and Zoning Commission recommendation in addition to the request letter from Mr. Glynn and the other information provided by the Borough Manager at the Assembly's request. COMMISSIONER HILL MOVED TO APPROVE A VARIANCE from Section 17.33.060 (Building Height Limit), a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL-Public Use Lands District. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED TO APPROVE A RESOLUTION recommending the Borough Assembly lease a portion of Lot 2, Block 1, Hospital Subdivision as proposed by staff. The motion was seconded. YJBS225619 P & Z Regular Meeting -3- January 16, 1984 Discussion followed concerning the term of the lease. P� COMMISSIONER PATTERSON MOVED TO AMEND THE MOTION RESOLUTION to include a statement that if the lease is not executed within one year it shall be reviewed again by the Planning and Zoning Commission prior to execution. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER GREGG called for a roll call vote on the main motion as amended. The motion CARRIED by unanimous roll call vote. FINDINGS OF FACT were delineated as follows: 1. The Commission does not feel that this use will interfere with the long-range planning of the hospital; 2. The term of the lease is for a five-year period but that a commitment of six years would not interfere with the hospital's long range planning. The lease is subject to review at the end of the five-year period; and 3. There was no objection voiced by the aviation community. COMMISSIONER HILL MOVED TO ADOPT THE FINDING OF FACTS. The motion was seconded and CARRIED by unanimous voice vote. C) CASE 84-136. Request for a variance from Section 17.19.040(A)(Front Yards) to permit the construction of a single-family home that encroaches 19 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision. LINDA FREED indicated additional information: a public hearing notice from Ruth Hansen; and a correction with a site plan from the staff (the encroachment is only 6 feet, but due to a mathematical error on the site plan, the variance ought to be .-- granted for 7 feet). Regular Session Closed. Public Hearing Opened: KATHRYN KINNEAR indicated she did not necessarily object to the variance for the front setback requirement but that she did object to the approach taken in this matter concerning the road. Ms. Kinnear also expressed concern about the density of this area and development of this portion of the hill. COMMISSIONER GREGG suggested Ms. Kinnear talk to the City of Kodiak and Mr. Thompson concerning the road. MIKE ARNDT, general contractor for Mr. Thompson, indicated that the road project was not completed at this time but that all measures were taken to work with the people affected in the neighborhood and that in putting the road through the area all equipment, etc., remained within the boundaries of the easement granted by the City of Kodiak. JIM RIPPEY, general contractor for Mr. Thompson, indicated that Mr. Thompson wants room for one car to get to his lot and a turn -around area. The excavation done has been taken down to bedrock and there ought to be no sloughage. r Public Hearing Closed. Regular Session Opened: COMMISSIONER PATTERSON asked what variance was granted to the Kinnears on their setback. Mr. Rippey indicated it was 17 feet in 1978. COMMISSIONER PATTERSON indicated that he had been to the site after the recent heavy rains and that he did not notice any sloughage problems and that the 7 foot setback seemed reasonable for the area. COMMISSIONER RENNELL agreed with Mr. Patterson. KIBS225620 P & Z Regular Meeting -4- January 16, 1984 e COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section 17.19.040(A)(Front Yards) to permit the construction of a single-family home that encroaches 7 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision, 311 Hillcrest. The motion was seconded and CARRIED by unanimous roll call vote. D) CASE 84-137. Request for a variance from Section 17.19.030(A)(Area Requirements) to permit the shifting of a lot line that will cause the area of a lot to fall 306 square feet below the 7200 square foot requirement. Lot 3, Block 2, Elderberry Heights Subdivision lst Addition, 514 Mozart Circle. Regular Session Closed. Public Hearing Opened: CRAIG JOHNSON, one of the property owners, expressed his desire to shift the property line because he would gain usable property space even though he would be losing square footage. COMMISSIONER GREGG asked where Mr. Cannon's driveway would be in relation to this new property line. Mr. Johnson indicated it would be as far over to the right as possible as one looks up the cul-de-sac. Mr. Johnson indicated he and Mr. Cannon have been operating under a "gentlemen's agreement" and that now they would like the agreement formalized. PAT CANNON, one of the property owners, expressed his desire to shift the property line so that he will have a parking area and Mr. Johnson will have more usable space. Public Hearing Closed. Regular Session Opened: COMMISSION JAMES expressed his belief that the proposed lot line would be more radial to the cul-de-sac than the original lot line plus it would be more to the contours of the land. COMMISSIONER RENNELL MOVED TO APPROVE A REQUEST FOR A VARIANCE from Section 17.19.030(A)(Area Requirements) to permit the shifting of a lot line that will cause the area of a lot to fall 306 square feet below the 7200 square foot requirement. Lot 3, Block 2, Elderberry Heights Subdivision lst Addition, 514 Mozart Circle. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSION GREGG called for a ten-minute break. The meeting recessed at 8:50 p.m. and reconvened at 9:00 p.m. E) CASE 84-138. Request for a variance from Section 17.36.040(A) (Non -Conforming Structures) and Section 17.19.040(B) (Side Yards) to permit a 24 x 48 foot two-story addition onto the rear of a non -conforming structure that encroaches 1.4 feet into the 6.8 foot side yard setback. Lot 7, Block 7, Aleutian Homes Subdivision, 413 Cedar Street. LINDA FREED indicated additional information: a second letter from David Shrader and a revised motion from staff. Also, Toby Cook on behalf of Mr. Wayne Sewell has requested that this application be withdrawn. Staff did talk to Mr. Sewell and this withdrawal was confirmed. r COMMISSIONER PATTERSON requested to be excused for a possible conflict of interest. COMMISSIONER GREGG excused Mr. Patterson. Regular Session Closed. Public Hearing Opened: KIBS225621 BARB MONKIEWICZ, representing Dave Shrader, expressed Mr. Shrader's interest in having both letters read into the public record and reiterated that Mr. Shrader invested in excess of $10,000 in improvements onto his house to reorient his house to take advantage of the view at the rear of his property. Mr. Shrader feels that two of the conditions listed in staff's memo of January 8, 1985 have not been met, but since the request has P & Z Regular Meeting -5- January 16, 1984 been withdrawn, suffice it to say that Mr. Shrader is vehemently opposed to the granting of this variance. r.— r- Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL asked staff if a public hearing notice was received from the neighbor to the west. BUD CASSIDY answered that no answer was received. LINDA FREED indicated that Mr. Shrader felt that Cubbedges would be sending in their public hearing notice but that staff had not received anything either verbally or in writing at this time. COMMISSIONER GREGG indicated that since the case had been withdrawn, no action need be taken. F) CASE 84-139. Request for a variance from Section 17.57.030 (Off -Street Parking -Location) to permit restaurant parking on an adjacent lot that is zoned Conservation. Legally described as a portion of U.S. Survey 1396 and generally located behind Lot 12, Block 1, Allman Subdivision, 1233 Mill Bay Road. LINDA FREED indicated three items of additional information: a copy of the easement granted to Mr. Henley by Mr. Len Grothe; a copy of a public hearing notice from Mr. Grothe; and a memo from staff clarifying one of the recommended conditions. Regular Session Closed. Public Hearing Opened: DAVID HENLEY indicated he had nothing to add to his application but was available to answer questions. COMMISSIONER JAMES asked if Mr. Henley had read the three con- ditions from staff and if there was any problem with number 2 that the business acquire additional legal and practical access. Mr. Henley indicated he thought the meaning to be to utilize the space alongside the building for access to the property in question, relocating space currently utilized for parking by occupants of the downstairs apartment. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL commented on staff's recommendation concerning the right turn only sign at the exit on to Mill Bay Road. Mr. Hill indicated he felt there was no problem in making a right or left turn from this property. BUD CASSIDY indicated that the traffic that exists on Mill Bay Road especially during lunchtime causes undue delay, and as businesses grow in this area it becomes a long range planning concern. COMMISSIONER HILL felt there was no justification for this requirement. COMMISSIONER RENNELL disagreed. COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section 17.57.030 (Off -Street Parking -Location) to permit restaurant parking on an adjacent lot that is zoned Conservation. Legally described as a portion of U.S. Survey 1396 and generally located behind Lot 12, Block 1, Allman Subdivision, 1233 Mill Bay Road, with the conditions listed in the staff memos of January 8 and 16, 1985. The motion was seconded and CARRIED by majority roll call vote. COMMISSIONER HILL dissented as he felt the right turn only sign ought not be required. G) CASE 84-140. Request for a variance from Section 17.36.070(C) (Repairs and Maintenance) to permit a larger kitchen addition (10 x 28) than was recently approved by the Commission (10 x 25) to a non -conforming structure. Regular Session Closed. Public Hearing Opened: There was no public testimony. Public Hearing Closed. KIBS225622 P & Z Regular Meeting January 16, 1984 Regular Session Opened: COMMISSIONER PATTERSON MOVED TO APPROVE A REQUEST FOR A VARIANCE FROM Section 17.36.070(C) (Repairs and Maintenance) to permit a larger kitchen addition (10 x 28) than was recently approved by the Commission (10 x 25) to a non -conforming structure. Lot 35, Block 5, Aleutian Homes Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. H) CASE S-84-054. Preliminary Subdivision of Lot 10, U.S. Survey 3100; to Lots 10A, 10B, 10C, 10D, and 10E, U.S. Survey 3100. DAVID CROWE indicated that 28 public hearing notices were mailed, two were returned (both in favor). Regular Session Closed. Public Hearing Opened: LOU SCHNEIDER received a copy of the staff memo at the work session and indicated he had no problem with any of the recommendations with the exception of number 4. In regards to the road construction and utilities, the particular road right-of-way when the property was bought was already in the capital improvements of the Kodiak Island Borough and is listed as priority project number 2. Mr. Schneider does not believe he would be building on the lots on Carroll Way until the Borough constructs the road. He would like the final plat to show that there would be no building on these three lots until the Borough constructs the road. COMMISSIONER GREGG asked if it would be possible to simply subdivide the front lots and to leave the back three lots unsubdivided. LOU SCHNEIDER indicated he would prefer finalizing the total subdivision at this time. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL inquired about the note on the plat. DAVID CROWE explained that the Borough Assembly has done this in the past in order to expedite Borough subdivisions, some lots are on undeveloped roads. One recent case in point is the Chiniak Subdivision plat which was approved last summer. COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL of the subdivision subject to the conditions of the memorandum of Mr. Crowe dated January 7, 1985, substituting for number four read that a note will be placed on the plat that states that Lots 10C through 10E cannot be sold until roadway improvements to Carroll Way are completed. The motion was seconded and CARRIED unanimous roll call vote. I) CASE S-84-055. Preliminary Subdivision of Lot 11, U.S. Survey 3103; to Lots 11A and 11B, U.S. Survey 3103. DAVID CROWE indicated fifty public hearing notices were sent out and none were returned. Regular Session Closed. Public Hearing Opened: OWNER OF LOT 10, U.S. SURVEY 3103 (listed as Robert W. West), rindicated that the existing road goes through the middle of his lot. He expressed concern about the traffic going through his lot to get to these other lots. He asked for the size of the subdivided lots. COMMISSIONER GREGG responded that the size of the lots depends on whether or not dedicated right-of-way or a simply an access easement is required. Essentially the size of the lots will be approximately 19,000 square feet. OWNER OF LOT 10 inquired about the zoning of the area. KIBS225623 P & Z Regular Meeting -7- January 16, 1984 COMMISSIONER GREGG responded that a change has occurred which allows RR-1 lots to be subdivided to 20,000 square feet if they have both water and sewer. This change occurred last summer or fall. Commissioner Gregg suggested that the owner contact David Crowe for additional information concerning subdivision of his own lot. LOU SCHNEIDER, owner of an adjacent lot, has no problem with the subdivision but expressed concern about the road right-of-way as there are dedicated right-of-ways in the area that were part of an original subdivision in approximately 1957. Mr. Schneider's lot is one of the original subdivision lots and he owns another r- lot on the other side of the platted right of way. He would like any further subdivision to take into consideration the shape and contours of the road so that off -setting right-of-ways are not encountered. COMMISSIONER RENNELL asked if Mr. Schneider would prefer a dedicated road right-of-way versus an easement. LOU SCHNEIDER responded that if there is to be a road there must be some kind of right-of-way through there. Legally it is not possible for anyone to plow that road because they would have to cross private property. There ought to be dedicated right-of-ways through the area which would mean 30 feet off of the adjoining properties. ROBIN HEINRICHS expressed his belief that the proposed subdivision meets the criteria of the comprehensive plan and is a logical extension of the new provisions of the RR-1 zone. Responding to the memo of David Crowe concerning the 60 foot right-of-way, Mr. Heinrichs concurred that something needs to be done about legal access to the lots. Mr. Heinrichs feels that a 60 foot right-of-way would adversely affect the neighborhood and that an easement would better serve the area. Mr. Heinrichs stated the 25 foot easement was proposed as the area is geographically a cul-de-sac and there can be no through traffic r-- on the peninsula. He asked if a right-of-way would require a clear-cut. DAVID CROWE responded that in this case to get normal drainage ditches and the roadway in would require 60 feet and clear -cutting. SCOTT ARNDT reiterated a decision by the Service District which was basically non -objection to either the easement or the right-of-way. Personnally he expressed the belief that the majority of the lots on the peninsula are not subdividable due to the terrain and the location of the homes on the lot. The most feasible way to get a road right-of-way would be through an easement. COMMISSIONER KNIGHT inquired if Mr. Arndt is the Chairman of the Service District. MR. ARNDT responded affirmatively, indicating he is chairman for the road, sewer and water district. COMMIS- SIONER KNIGHT inquired if the Service District was servicing this particular road. MR. ARNDT indicated it was serviced "just up past Lou Schneider's on a regular basis." COMMISSIONER KNIGHT inquired what was needed to get service beyond that point. MR. ARNDT indicated an easement was necessary in order to get money from the State to service the area and an easement would qualify r for those funds. COMMISSIONER KNIGHT expressed the need for service in this area. JIMMY NG reiterated the difference between the right-of-way and the easement and expressed his doubts that the legal requirements such as grade and width requirements for a right-of-way could be physically met in the area without extensive work. An easement for water and sewer was worked out in the neighborhood during the past year. Also as the peninsula is a geographic cul-de-sac, he expressed a desire to look at the 50 foot easement rather than the 60 foot. Public Hearing Closed. Regular Session Opened: KIBS225624 P & Z Regular Meeting -8- January 16, 1984 COMMISSIONER PATTERSON indicated that cul-de-sac definition also included the number of residents in the area to determine the traffic loads. Stating that he had walked the area, he felt an easement would be more suitable for the area. COMMISSIONER HILL MOVED TO GRANT A FINAL SUBDIVISION of Lot 11, U.S. Survey 3103 to Lots 11A and 11B, U.S. Survey 3103 per the memo of January 9, 1985, and item number 2 being that an access and utility easement be required of 30 feet. The motion was seconded and CARRIED by majority roll call vote. Commissioners Rennell and Patterson dissented. r- VII OLD BUSINESS r- A) CASE 84-128. Findings of Fact for the denial of a request for an exception from Section 17.17.020 (Permitted Uses) to permit the removal of approximately 101,000 cubic yards of rock from an RRI-Rural-Residential One lot for the purpose of site develop- ment; generally located across from Bayside Fire Station and adjacent to an existing gravel pit. Lot 3, Block 3, Miller Point Alaska Subdivision COMMISSIONER GREGG indicated there were five findings of fact outlined in the memo from staff. COMMISSIONER JAMES MOVED TO APPROVE THE FINDINGS OF FACT as outlined in the memorandum from the Community Development Depart- ment dated January 9, 1985. The motion was seconded and CARRIED by majority roll call vote. Commissioner Patterson abstained. B) CASE S-84-051. Final Subdivision of Lot 2, Block 1, Bells Flats Alaska Subdivision to Lots 2A, 2B, and 2C, Block 1, Bells Flats Alaska Subdivision. COMMISSIONER HILL MOVED TO GRANT FINAL SUBDIVISION of Lot 2, Block 1, Bells Flats Alaska Subdivision to Lots 2A, 2B, and 2C, Block 1, Bells Flats Alaska Subdivision per the memo of January 9, 1985 by the Borough Engineer. The motion was seconded and CARRIED unanimous roll call vote. C) CASE S-84-056. Final Subdivision of Tract D-1, U.S. Survey 1682 to Woodland Acres Subdivision, 5th Addition: Lots 3-9, Block 7; Lots 1-15, Block 8; Lots 1-6, Block 9; Lots 7-12, Block 10; and Teal Way and the extension of Gull Drive. COMMISSIONER HILL was excused due to a possible conflict of interest. COMMISSIONER JAMES indicated that number one needed more clarification, suggesting "place covenant on the plat restricting access to Lots 12-15, Block 8 to Teal Way." LINDA FREED inquired if Lots 1 and 2, Block 9 ought to have the same restriction. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to this subdivision subject to the conditions in the memorandum from the Borough Engineer dated January 9, 1985, with the following changes made to condition number one: place a covenant on the plat restricting access to Lots 12-15, Block 8 and Lots 1 and 2, Block 9 to Teal Way. The motion was seconded and CARRIED by unanimous roll call vote. VIII NEW BUSINESS There was no New Business. IX COMMUNICATIONS LINDA FREED indicated three communications: (A) a letter of appeal from Alagnak Associates; (B) a letter from Jean E. Alwert; and (C) a memorandum from Staff requesting interpretation. A) Letter of Appeal - Alagnak Associates. KIBS225625 P & Z Regular Meeting -9- January 16, 1984 COMMISSIONER HILL MOVED TO ACKNOTTT.EDGED RECEIPT of this letter. The motion was seconded any+. CARRIED by unanimous voice vote. B) Letter from Jean E. Alwert, Buccaneer Enterprises. COMMISSIONER HILL MOVED TO ACKNOWLEDGE RECEIPT of this letter. The motion was seconded and CARRIED by unanimous voice vote. C) Memorandum from Community Development Departmen: staff requesting interpretation of "permitted uses" (17.24.010) in the Industrial District. LINDA FREED indicated that currently the Industrial District states that "all uses permitted in a B-Business Zone are allowed except those that are residential are permitted in the Industrial District." There is no specific definition of "residential" in Title 17 and therefore we request clarification from the Commission. A discussion ensued amongst the Commissioners. COMMISSIONER JAMES MOVED THAT FOR THE PURPOSE OF INTERPRETATION of the Industrial District that apartments, hotels and motels are residential uses and therefore disallowed as a use in the industrial zone. The motion was seconded and CARRIED by unanimous voice vote. X REPORTS A) December Status Report from the Community Development Department. B) The City Police Department has indicated it will enforce the "no left turn" sign at the exit of McDonald's on to Lower Mill Bay Road. C) A Joint Borough Parks and Recreation Committee and Borough Assembly meeting is scheduled for January 24, 1985, at 7:30 p.m. ~ in the Borough Conference Room and the Commission is invited to attend. XI AUDIENCE COMMENTS There were no audience comments. XII COMMISSIONERS' COMMENTS COMMISSIONER KNIGHT requested the Chairman excuse him as he will be on vacation at the time of the Planning and Zoning Commission meetings scheduled for February 13, 20, 27, March 6 and 13. CHAIRMAN GREGG excused COMMISSIONER KNIGHT. COMMISSIONER HILL indicated that he attended the last City of Kodiak Council meeting and received their endorsement to pursue a "view" ordinance. LINDA FREED indicated it was one of the items to be considered during the upcoming zoning revision re -write which will be presented to the Commission in future. XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 10:00 p.m. _ KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: 7i-<;;, Ken Gregg, C airmal. i ATTEST BY: �t Iry Patricia Miley, Plan ing Secretary f DATE APPROVED:{�wa aU fj�S KIBS225626 P & Z Regular Meeting -10- January 16, 1984