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1986-06-18 Regular Meetingr" r-- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 18, 1986 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Steve Rennell on June 18, 1986 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Mary Lou Knudsen D. L. Smedley Scott Thompson Commissioners Absent: Marlin Knight, Excused III. APPROVAL OF AGENDA Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner, Community Development Department Dave Crowe, Borough Engineer Patricia Miley, Secretary, Community Development Department The following corrections were made to the agenda: VI(N) Case 86-048 was added to the agenda VI(F) Case 86-045 was corrected to read "exception" COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the above corrections. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING Commissioner Heinrichs noted the following corrections: Page 2, Case 86-031, the motion to read "as revised in the attached ordinance." Page 16, Case S-86-009, condition #2 to read "That the front setback line for Lots 1, 2, 3, 5, 6 and 7 be measured from the edge of the right-of-way easement;" and condition #6 to read "Provide the following note on the final plat: ±Natural streams and drainage courses shall not be blocked or impeded."' COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the May 21, 1986 Planning and Zoning Commission regular meeting as amended. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS KIBS225997 A) CASE 84-046. Request for a second one-year extension for a previously approved variance that permitted a parking plan that allowed vehicles to back onto a street designated as a collector. The purpose of this variance was to allow construction of a new retail building on Lot 16, Block 3, New Kodiak Subdivision; 326 Shelikof Avenue. (Tim Abena) COMMISSIONER ANDERSON MOVED TO GRANT A request for a second one-year extension for a previously approved variance (Case 84-046) to permit a parking plan that permits the backing of vehicles onto a street designated as a collector. Lot 16, Block 3, New Kodiak Subdivision and to adopt the three reasons P & Z REGULAR MEETING 1 JUNE 18, 1986 MINUTES presented in the staff report dated May 7, 1984 as "findings of fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Although backing onto Shelikof Street may be hazardous, the evening hours of the business minimize the potential hazard. This section of town does not generate excessive traffic in 0- the late evening. 2. The location of the B & B Bar, close to the boat harbor, suggests that much of its business is walk-in and competition for parking spaces should not be great. 3. The City of Kodiak has supplied documentation that they have no objection to the larger -than -typical proposed curb cut. B) CASE 5-85-023. Request for an extension of the preliminary plat approval period to December 17, 1986: subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision to Lots 1A through 1E. (Margaret Pryor/Norman and Dorothy Holm) COMMISSIONER ANDERSON MOVED TO GRANT A REQUEST FOR A SIX-MONTH EXTENSION of the preliminary plat approval period for Case 5-85-023 subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. There were no further appearance requests nor audience comments. VI. PUBLIC HEARINGS A) CASE 86-034. Request for an exception from Section 17.21.020 i-- (Permitted Uses) of the Borough Code, in accordance with Section 17.26.020 (Permit Procedure), to permit a 20-space mobile home park to locate in a B--Business Zoning District. Tract V and a Portion of Tract W, U.S. Survey 3218; 3256 Melnitsa Lane. (Michael H. Rasmussen) BOB PEDERSON indicated 59 public hearing notices were mailed for this case and 10 were returned, 5 in favor, 4 opposing and one non objection as long as there was a condition of fencing the property. Staff recommended approval of this request. COMMISSIONER THOMPSON requested to be excused due to a conflict of interest. COMMISSIONER JAMES excused COMMISSIONER THOMPSON. Regular Session Closed. Public Hearing Opened: TOM SWEENEY appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners, Mr. Sweeney and Community Development Department staff. JACK McFARLAND appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners and Mr. McFarland. JIM WHEELER appeared before the Commission and expressed support for this request. MIKE RASMUSSEN appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Mr. Rasmussen and Community Development Department staff. Public Hearing Closed. KIBS225998 P & Z REGULAR MEETING 2 JUNE 18, 1986 MINUTES /-- r- Regular Session Opened. A discussion ensued amongst the Commissioners, Community Development Department staff and Engineering Department staff. COMMISSIONER ANDERSON MOVED TO GRANT A REQUEST FOR AN EXCEPTION from Section 17.21.020 of the Borough Code in accordance with Section 17.26.020 to permit a 20-space mobile home park to locate in a B--Business Zoning District. Tract V and a Portion of Tract W, U.S. Survey 3218, subject to the condition of approval outlined below, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion CARRIED by majority roll call vote. Commissioners Knudsen and Smedley voted "no." CONDITION OF APPROVAL 1. Two 8-foot by 20-foot parking spaces shall be provided on each mobile home space. 2. A 4-foot chain link fence shall be constructed and maintained around the perimeter of the property. 3. The playgrounds and other areas not specifically needed for parking and turning shall be landscaped. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. All mobile homes will be connected to public water and sewer systems and be required to meet the provisions of the Uniform Building Code. B. The proposed use will be consistent with the general purposes and intent of Title 17, with the specific description and intent of Chapter 17.21 (Business District) and the provisions of Chapter 17.26 (Mobile Home Parks). Mobile home parks are permitted in the B--Business Zoning District through the exception process. Staff has reviewed the application and site plan submitted by the applicant and finds that the standards of the mobile home park chapter will be met. C. The proposed use does not appear to adversely impact other properties or uses in the area for several reasons. The existing mobile home park was approved in 1982 and departmental files do not indicate that the park has adversely impacted other properties in the area. The location of the new addition is located in an area that is quite a bit lower in elevation than the existing residences in Crestview Subdivision and is behind the rear yards of these lots and the lots fronting on Mill Bay Road. Rear property lines are considered to be a good dividing line between differing land uses. Lastly, extension of the park road will provide access to Melnitsa Lane as an alternative outlet for traffic. This should funnel some traffic away from the existing driveways which are very close to the Mill Bay Road/Rezanof Intersection. COMMISSIONER THOMPSON returned to the Planning and Zoning Commission. P & Z REGULAR MEETING 3 KIBS225999 JUNE 18, 1986 MINUTES B) CASE 86-038. Request for the rezoning of a Portion of Tract S-1, U.S. Survey 3218, specifically Lots 1 through 7, Brechan Subdivision Preliminary Plat (Case S-86-011, dated April 18, 1986) from RR1--Rural Residential One to R1--Single-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; and a Request for the rezoning of a Portion of Tract S-1, U.S. Survey 3218, specifically Lots 8 through 15, Brechan Subdivision Preliminary Plat (Case S-86-011, dated April 18, /"- 1986) from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; and a Request for the rezoning of the remaining Portion of Tract S-1, U.S. Survey 3218 from RR1--Rural Residential One to I --Industrial in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located along Island Lake Road between Mill Bay Road and Cove Drive. (Brechan Enterprises, Inc.) BOB PEDERSON indicated 52 public hearing notices were mailed for this case and 2 were returned, 1 against any business or industrial zoning and 1 against industrial zoning. Staff recommended approval of "option 2." Regular Session Closed. Public Hearing Opened: LOUIS IANI appeared before the Commission and expressed support for "option 1." A discussion ensued amongst the Commissioners, Mr. Iani and Community Development Department staff. CRAIG JOHNSON appeared before the Commission and expressed i-- opposition to six and a half acres of industrial zoning next to Shahafka Acres and expressed support of option 2. A discussion ensued amongst the Commissioners, Mr. Johnson and Community Development Department staff. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO RECOMMEND that the Borough Assembly approve the rezoning of Tract S-1, U.S. Survey 3218, as outlined in Option 1 with the exception of Lots 1 through 7 be changed to R2--Two-Family Residential and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners. The question was called and the motion FAILED by majority roll call vote. Commissioners Knudsen, Rennell, Thompson and Smedley voted "no." A discussion ensued amongst the Commissioners; Commissioners Knudsen, Rennell, Thompson and Smedley stated their reasons for r— voting "no;" Linda Freed gave input on the findings of fact required and Mr. Iani stated his position. C) CASE 86-039. Request for the rezoning of a Portion of Lot 2, U.S. Survey 2539, known as Bruhn Point (identified as Segment A of Parcel 1 in the 1977 agreement) and containing approximately 38 acres from C--Conservation to RR1--Rural Residential One in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located near Marine Hill in Womens Bay. (Koniag, Inc.) BOB PEDERSON indicated 12 public hearing notices were mailed for this case and then summarized the responses to this request and the staff's recommendation. KIBS226000 P & Z REGULAR MEETING 4 JUNE 18, 1986 MINUTES 0` r- r— Regular Session Closed. Public Hearing Opened: LT. REX TAKAHASHI, USCG Planning Officer, appeared before the Commission and expressed support for the rezoning of this area as Rural Residential. LOUIS IANI, Brechan Enterprises, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Iani. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of a Portion of Lot 2, U.S. Survey 2539, known as Bruhn Point (identified as Segment A of Parcel 1 in the 1977 Agreement) and containing 38 acres from C--Conservation to RR1--Rural Residential One in accordance with Chapter 17.72 of the Borough Code and to adopt findings Al and B1 contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no." FINDINGS OF FACT A B. Findings as to the Need and Justification for a Change or Amendment. 1. A rezone to RR1--Rural Residential One is justified because the uses permitted will be compatible with existing and potential land use on surrounding properties. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. 1. The proposed RR1--Rural Residential One Zoning District will have no effect on the objectives of the comprehensive plan because the plan does not cover the rezone area. D) CASE 86-042. Request for the rezoning of Lots 12 through 16, Block 6 and Lot 19, Block 7, Baranof Heights Subdivision First Addition from R2--Two-Family Residential to R3--Multifamily Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 1213 through 1223 Larch Street. (Terrance Brauner) BOB PEDERSON indicated 58 public hearing notices were mailed for this case and 6 were returned, opposing this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: POWELL TROTTER appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 7 through 11, Block 6 and Lot 19, Block 7, Baranof Heights Subdivision 1st Addition from R2--Two-Family Residential to R3--Multifamily Residential in accordance with Chapter 17.72 of the Borough Code. The motion was seconded and FAILED by unanimous roll call vote. YJgS226001 P & Z REGULAR MEETING L1 JUNE 18, 1986 MINUTES 0 -- COMMISSIONER HEINRICHS MOVED TO ADOPT the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. The Commissioners stated their reasons for voting "no." FINDINGS OF FACT 2. Findings as to the Need and Justification for a Change or Amendment. A rezone to R3--Multifamily Residential is not justified or needed because such a rezone will create adverse parking and traffic impacts, permit land uses that are potentially incompatible with existing land uses, and can be construed as spot zoning. Findings as to the Effect a Change or on the Obiectives of the Comorehensiv have The proposed R3--Multifamily Residential Zoning District will have a negative impact on the objectives of the Comprehensive Plan, which identifies the rezone area for medium density residential development, because the R3--Multifamily Residential Zoning District permits a high density of residential development. E) CASE 86-044. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a 8-foot by 10-foot arctic entry/mud room addition on to the front of the existing single-family residence to encroach 8-feet into the required 16.5-foot front yard setback of the Rl--Single-Family Residential Zoning District. Lot 15, Block 8, Aleutian Homes Subdivision; 513 Hemlock Street. (Felix Canete) BOB PEDERSON indicated 57 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A request for a variance from Section 17.18.050 of the Borough Code to permit an 8-foot by 10-foot arctic entry/mud room addition onto the front of the existing single-family residence to encroach 8-feet into the required 16.5-foot front yard setback in the Rl--Single-Family Residential Zoning District on Lot 15, Block 8, Aleutian Homes Subdivision and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT KIBS226002 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. In this case, the exceptional physical condition is the placement of the existing structure on the lot. Any addition of an arctic entry will require a variance. P & Z REGULAR MEETING 6 JUNE 18, 1986 MINUTES 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardshiDS. The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other Aleutian Homes have arctic entries. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity be detrimental to the public's health, safetv and welfar Granting of this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other Aleutian Homes have arctic entries and the Commission has granted variances in the past for arctic entry additions. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. The addition will not increase the existing density. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein sought by the variance. In this case, actions of the applicant did not cause the conditions from which relief is being sought by a variance. The existing structure was built in 1951 and purchased by the applicant in 1980. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single -Family Residential land uses are permitted in this district. F) CASE 86-045. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a new city health clinic building to locate in a R1--Single-Family Residential Zoning District; and a Request for a variance from Chapter 17.57 (Off -Street Parking and Loading) of the Borough Code to permit an exemption from the requirements of providing off-street parking spaces, a paved public parking lot, screening of adjacent residentially zoned lots and providing an off-street loading berth for the new city health clinic building. Lot 10A, Block 13A, Akhiok Townsite. (City of Akhiok/Northern Exploration and Equipment Company) BOB PEDERSON indicated 12 public hearing notices were mailed for this case and 1 was returned, commenting on the notices themselves. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: DAVID ELUSKA, Treasurer of the Akhiok City Council, appeared before the Commission and expressed support for this request and the request listed as Item VI-G. Public Hearing Closed. KIBS226003 Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT A request for an exception from Section 17.18.020 of the Borough Code to permit a new city clinic building to locate in the R1--Single-Family Residential Zoning District on Lot 10A, Block 13A, Akhiok Townsite and a new P & Z REGULAR MEETING 7 JUNE 18, 1986 MINUTES city equipment storage building to locate in the R1--Single-Family Residential Zoning District on Lots 9A and 10A, Block 2, Akhiok Townsite and a request for a variance from Chapter 17.57 of the Borough Code to permit the new city clinic building to be exempt from the requirements of providing off-street parking spaces, a paved public parking lot, screening of adjacent residentially zoned lots and providing an off-street loading berth in the R1--Single-Family Residential Zoning District on Lot 10A, Block 13A, Akhiok Townsite and a request for a variance from Chapter 17.57 of the Borough Code to permit the new city equipment storage building to be exempt from the requirements of providing off-street parking spaces, a paved public parking lot, screening of adjacent residentially zoned lots and providing an off-street loading berth in the R1--Single-Family Residential Zoning District on Lots 9A and 10A, Block 2, Akhiok Townsite and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT For the exception for the new city clinic building: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. The new facility will be connected to public water and sewer r and the structural plans must be approved by the State Fire Marshall. B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the authority and purpose of Chapter 17.65 (Exceptions). Exceptions are provided for in the Borough Code to provide consideration of land uses that are not permitted in certain zoning districts. Public buildings and facilities are not permitted in the R1--Single-Family Residential Zoning District. The location of the new city clinic building has been agreed upon by the Akhiok City Council. C. The proposed use does not appear to adversely impact other properties or uses in the area. The structure will be slightly smaller and not have substantially different use characteristics or impacts on the surrounding area than the existing single-family residences in the area. For the exception for the new equipment storage building: 1. That the use as proposed in the application, or under r appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. A public building that has been used for a variety of activities is currently located on Lot 10A and according to departmental files has not posed any danger to the public's health, safety or welfare. The structural plans for the new building must be approved by the State Fire Marshall. KIBS226004 P & Z REGULAR MEETING 8 JUNE 18, 1986 MINUTES r I F B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the authority and purpose of Chapter 17.65 (Exceptions). Exceptions are provided for in the Borough Code to provide consideration of land uses that are not permitted in certain zoning districts. Public buildings and facilities are not permitted in the R1--Single-Family Residential Zoning District. In this instance a public building is currently located on the lot, there are other public buildings on adjoining lots and the location of the new city equipment storage building has been agreed upon by the Akhiok City Council. C. The proposed use does not appear to adversely impact other properties or uses in the area. The existing public building has been compatible with surrounding uses and the new structure will not have substantially different use characteristics or impacts oir the surrounding area. For the variance for the new city health clinic: 1. Exceptional physical circumstances or conditions to not avvly to use district. use same land The unique condition applicable to this request is the nature of the transportation system in Akhiok, the lack of paved roads, paved parking lots, paving equipment and the lack of a need for an off-street loading berth. 2. Strict 3 4. 5 ordinances would Strict application of the zoning ordinance would require the provision of a paved parking area that would include wheel stops or bumper guards, an off-street loading berth and screening between the parking area and adjacent residential parking areas. This would be an unnecessary hardship as no other facilities in Akhiok have been required to provide these items and there is no need for them. The granting of the variance will not result in material damages or prejudice to other properties in the vicinitynor be detrimental to the Dub lic's health. safety and we7fnrn_ The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public's health, safety or welfare of the residents of Akhiok for the reasons outlined in 1 and 2, above. of the variance to the Granting of the variance will not be inconsistent with the adopted comprehensive plan. A new comprehensive plan for Akhiok is currently being developed. That actions of the applicant did not cause C In this case actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction. 6. That the granting of the variance will not permit a KIBS226005 P & Z REGULAR MEETING 9 JUNE 18, 1986 MINUTES A city clinic building will be a permitted land use on this lot in the R1--Single-Family Residential Zoning District only if the exception request is granted. For the variance for the new equipment storage building: 1. to the property generally do not use district. ical circumstances or conditions applicable or intended use of development. which to the same land The unique conditions applicable to this request are the nature of the transportation system in Akhiok, the lack of paved roads, paved parking lots, paving equipment and the lack of a need for an off-street loading berth. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardshina_ Strict application of the zoning ordinance would require the provision of a paved parking area that would include wheel stops or bumper guards, an off-street loading berth and screening between the parking area and adjacent residential parking areas. This would be an unnecessary hardship as no other facilities in Akhiok have been required to provide these items and there is no need for them. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare_ The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public's health, safety or welfare of the residents of Akhiok for the reasons outlined in 1 and 2, above. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be inconsistent with the Akhiok Comprehensive Plan. A new comprehensive plan for Akhiok is currently being prepared. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief sought by the variance. In this case actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction. 6. That the granting of the variance will not permit a A city equipment storage building will be a permitted land use on this lot in the R1--Single-Family Residential Zoning r- District only if the exception request is granted. G) CASE 86-046. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a new equipment storage building to locate in a R1--Single-Family Residential Zoning District; and a Request for a variance from Chapter 17.57 (Off -Street Parking and Loading) of the Borough Code to permit an exemption from the requirements of providing off-street parking spaces, a paved public parking lot, screening of adjacent residentially zoned lots and providing an off-street loading berth for the city equipment storage building. Lots 9A and 10A, Block 2, Akhiok Townsite. (City of Akhiok/Northern Exploration and Equipment Company) KIBS226006 P & Z REGULAR MEETING 10 JUNE 18, 1986 MINUTES This item was addressed along with item VI-F above. H) CASE 86-047. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit three petroleum storage tanks to locate in the I --Industrial Zoning District. Lots B and D, Tract A, U.S. Survey 444; 310 through 312 Mission Road. (Petro Marine Services) BOB PEDERSON indicated 21 public hearing notices were mailed for this case and 9 were returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: FATHER HALL, President of the Board of Senior Citizens of Kodiak, appeared before the Commission and expressed opposition to this request. GEORGE MAGNUSEN, member of the Board of Senior Citizens of Kodiak, appeared before the Commission and expressed opposition to this request. FATHER PETER KRETA appeared before the Commission and expressed opposition to this request. BOB HALES appeared before the Commission and expressed support for this request. ALEXIS HALES, Petro Marine, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Ms. Hales and Don James of Petro Marine. DON JAMES appeared before the Commission and expressed support for this request. FATHER JOSEPH KRETA appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners, Father Joseph Kreta and Don James. FATHER PETER KRETA reappeared before the Commission and a discussion ensued between Peter Kreta, Don James, Bob Hales and Joseph Kreta. DAVE OBERG, Uyak Air, appeared before the Commission and expressed support for this request. ROLAN ROUSS, Island Air, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. r-- COMMISSIONER ANDERSON MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.24.020 of the Borough Code to permit two petroleum storage tanks to locate in the I --Industrial Zoning District on Lots B and D, Tract A, U.S. Survey 444, subject to the conditions of approval outlined below, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners. CONDITIONS OF APPROVAL KIBS226007 P & Z REGULAR MEETING 11 JUNE 18, 1986 MINUTES 1. Size, dimensions and location of the tanks will be as shown on the attached site plan. 2. Compliance with all provisions of the Uniform Building Code and Uniform Fire Code shall be demonstrated prior to issuance of zoning compliance or a building permit. 3. The existing residential structure on Lot B shall be removed. FINDINGS OF FACT 1. That the conditional use will preserve the value. spirit It appears that the proposed use will not detract from the value, spirit, character and integrity of the surrounding area. The surrounding area has a wide variety of land uses, including a church, an office building, vacant lot, park, residences, waterfront area and the fuel dock. A bulk fuel storage facility or "tank farm" is a long established land use at this location and departmental files do not indicate that the facility has been detrimental to the surrounding area. The addition of two tanks will not result in a change of land use and is a relatively minor increase in land use intensity. Eleven storage tanks are currently located on the site. 2. That the conditional use fulfills all other requirements of The proposed use will be required to fulfill all other requirements of the Industrial Zoning District, the Uniform Building Code and the Uniform Fire Code. The proposed r location of the tanks meets or exceeds all required setbacks and height limits of the I --Industrial Zoning District. It also appears that the proposed use will comply with the applicable performance standards for industrial land uses. Full compliance with the Uniform Building and Fire Code provisions will be assured through the building permit process but should be identified as a condition of approval for the conditional use permit. Edna 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public's health, safety, convenience or comfort. As previously discussed, the existing facility has not been shown to be detrimental or harmful to public health or safety, the land use will not change, and the addition of two tanks when there are eleven already on the property, does not represent a significant increase in the intensity of land use or amount of products stored on the property. The two tanks proposed are roughly the same size and shape as the smaller existing tanks on the site. It could be argued that two more tanks will increase the potential for harm in the case of a catastrophic event. Staff feels that this is a slim possibility and even then the two additional tanks would be a small portion of the bigger picture. It should also be noted that the existing tank farm predates the 1964 tsunami. 4. That sufficient setbacks, lot area, buffers or to meet the conditions listed this section. There is sufficient lot area for the proposed tanks when the residence is removed. The proposed location exceeds the KIBS226008 setbacks of the I --Industrial Zoning District and adherence to fire code separation requirements will be assured prior to issuance of a building permit. Compliance with these requirements should ensure adequate separation from other P & Z REGULAR MEETING 12 JUNE 18, 1986 MINUTES r— F" structures in the area. In addition, the property is fenced for security purposes. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 11:00 p.m. COMMISSIONER ANDERSON MOVED TO CONTINUE THE MEETING PAST 11:00 P.M. The motion was seconded and CARRIED by unanimous voice vote. I) CASE S-86-011. Subdivision of Tract S-1, U.S. Survey 3218 to Lots 1 through 15 and Tract S-lA. (Brechan Enterprises, Inc.) DAVE CROWE indicated 39 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO TABLE CASE S-86-011 until zoning of this area allows subdivision of this property to the desired lot sizes. The motion was seconded and CARRIED by unanimous roll call vote. J) CASE S-86-015. Preliminary subdivision of Lot 13, Block 1, Monashka Bay Alaska Subdivision to Lots 13A and 13B. (Tom Hendel) DAVE CROWE indicated 20 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: TOM HENDEL appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Tom Hendel and Engineering Department staff. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A PRELIMINARY APPROVAL OF CASE S-86-015: Preliminary subdivision of Lot 13, Block 1, Monashka Bay Alaska Subdivision to Lots 13A and 13B, subject to the following conditions: CONDITIONS OF APPROVAL 1. Provide a 50-foot-wide flag stem and designate the flag stem to be a utility and access easement for Lot 13A. 2. Provide the following plat note: "The front yard setback for Lot 13B shall be measured from the rear lot line of Lot 13A." 3. And that a note should be placed on the plat stating: "The rear setback for Lot 13B shall be measured from the top of the cliff." The motion was seconded. KIBS226009 COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding condition number 4 that "ADEC approval for well and septic systems located on the lots they are intended to serve." The amendment was seconded and CARRIED by unanimous roll call vote. P & Z REGULAR MEETING 13 JUNE 18, 1986 MINUTES K) The question was called and the main motion as amended CARRIED by majority roll call vote. Commissioners Knudsen and Rennell voted "no." CASE 5-86-016. Preliminary subdivision of Lot 5, U.S. Survey 3466 (Dark Lake) to Lots 5A and 5B. (Ed Van Fleet) DAVE CROWE indicated 11 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: ED VAN FLEET appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, Engineering Department staff and Community Development Department staff. COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL OF CASE 5-86-016: subdivision of Lot 5, U.S. Survey 3466 (Dark Lake) to Lots 5A and 5B, subject to the following: CONDITIONS OF APPROVAL 1. The applicant to install water and sewer services to Lot 5A. 2. Place the following note on the final plat: "No further subdivision of these lots shall be allowed." 3. The shed on Lot 5A shall be removed or relocated to a lot having a main dwelling. 4. The shed that encroaches onto Lot 6 shall be relocated in conformance with Title 17. 5. A plat note showing: "Natural streams and drainage courses shall not be blocked or impeded." The motion was seconded. COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION TO ADD "the 50-foot road and utility easement be dedicated as a public right-of-way" and "the applicant to construct access to Lot 5B or provide a parking deck and stairway before filing the final plat." The amendment died for the lack of a second. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION TO ADD "the applicant to construct access to Lot 5B or provide a parking deck and stairway before filing the final plat." The amendment was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION TO REMOVE the condition that the applicant install water and sewer services to Lot 5A. The motion was seconded. A discussion ensued amongst the Commissioners. The question was called and the amendment CARRIED by majority roll call vote. Commissioners Knudsen and Rennell voted "no." The question was called and the main motion as amended CARRIED by majority roll call vote. Commissioner Rennell voted "no." KIBS226010 P & Z REGULAR MEETING 14 JUNE 18, 1986 MINUTES L) CASE 5-86-017. Preliminary subdivision of Lot 1, Block 4, Miller Point Alaska Subdivision First Addition to Lots 1A, 1B and 1C. (Arthur Johnson) DAVE CROWE indicated 44 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: BOB TARRANT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT FINAL APPROVAL OF CASE 5-86-017: subdivision of Lot 1, Block 4, Miller Point Alaska Subdivision First Addition to Lots 1A, 1B and 1C with the condition that there be a plat note that Lots 1B and 1C contain fill material and the 8-foot by 12-foot addition to the garage shall be removed. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION TO ADD that the plat note show the year of the fill. The amendment was seconded and CARRIED by unanimous roll call vote. The question was called and the main motion as amended CARRIED by unanimous roll call vote. M) CASE 5-86-018. Vacation of a Portion of a Utility Easement ten feet wide along the rear lot line of Lot 14D, Russian Creek Alaska Subdivision. (Allen Ediger) DAVE CROWE indicated 33 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT FINAL APPROVAL OF CASE 5-86-018: Vacation of a Portion of a Utility Easement ten feet wide along the rear lot line of Lot 14D, Russian Creek Alaska Subdivision subject to the conditions outlined in the memorandum from the Borough Engineer dated June 10, 1986: 1. Correct the spelling of the applicant's name to Ediger; 2. Change the name under the ownership signature line and in the Notary's Acknowledgment to "Interstate Associates, Inc." The motion was seconded and CARRIED by unanimous roll call vote. N) CASE 86-048. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a temporary fireworks sales stand to locate in a Business Zoning District. Lot 22, Block 1, Russian Creek Alaska Subdivision. (Joel Hayes) BOB PEDERSON indicated that this was a late addition to the agenda, authorized by the Borough Mayor, therefore no public hearing notices were sent but this item was advertised on KMXT and KVOK. Regular Session Closed. Public Hearing Opened: KIBS226011 P & Z REGULAR MEETING 15 JUNE 18, 1986 MINUTES JOEL HAYES appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Hayes. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A REQUEST FOR AN EXCEPTION i-- from Section 17.21.020 of the Borough Code to permit a temporary fireworks sales stand to locate in a B--Business Zoning District on Lot 22, Block 1, Russian Creek Alaska Subdivision, subject to the conditions of approval outlined below, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL: 1. The sale of fireworks shall be discontinued at this location by July 6, 1986. 2. The use shall be removed from the lot by Monday, July 7, 1986. 3. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." 4. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet" signs on the premises. 5. Agree to provide a trash receptacle on the premises for the use of patrons. 6. The exception shall be valid only until July 7, 1986. FINDINGS OF FACT: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. The use is temporary in nature and the applicant has obtained a permit (#86A-012) to sell fireworks from the Office of the State Fire Marshal. Lastly, the applicant agrees to comply with the conditions attached to all fireworks stands, as follows: 1. The sale of fireworks shall be discontinued at this location by July 6, 1986. 2. The use shall be removed from the lot by Monday, July 7, 1986. 3. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." 4. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet" signs on the premises. 5. Agree to provide a trash receptacle on the premises for the use of patrons. 6. The exception shall be valid only until July 7, 1986. KIBS226012 B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.21, the Business Zoning District because the proposed use will not be a permanent retail sales outlet and also because the P & Z REGULAR MEETING 16 JUNE 18, 1986 MINUTES r- r- VII Kodiak Island Borough Assembly specifically exempted Article 78 of the 1982 Uniform Fire Code when it adopted this Code on June 6, 1985. Article 78 forbids the sale of fireworks. C. The proposed use does not appear to adversely impact other properties in the area because the location of the stand on the Business zoned lot is a great distance away from the nearest residence and because other surrounding properties are undeveloped or developed with business uses. Further, adequate off-street parking is available. OLD BUSINESS A) CASE S-85-049. Revised final subdivision of Lot 3, Block 4, Bells Flats Alaska Subdivision to Lots 3A and 3B. (Melvin Kortlever) A discussion ensued amongst Engineering Department staff, the Commissioners and Bob Tarrant. ISSIONER THAT THE MOVED THAT THE FINAL PURSUE OTHER REMEDIES FOR was secon roll call vote. mo DZ B) CASE S-85-002. Final subdivision of Lot 6, Block 1, Bells Flats Alaska Subdivision to Lots 6A, 6B, 6C and 6D. (Pamela Baglien) A discussion ensued amongst Engineering Department staff, the Commissioners and Bob Tarrant. MISSIONER ANDERSON MOVED ON CASE S-85-002 SUBDIVISION OF LOT BLOCK 1, BELLS FLATS ALASKA SUBDIVISION THAT THIS FINAL PLAT RETURNED TO THE APPLICANT FOR REDESIGN SUCH THAT EACH LOT SUPPLY SYSTEM AND THAT THE REVISED PLAT BE GRANTED S APPROVAL PRIOR TO SUBMISSION TO THE COMMISSION. The seconded and CARRIED by unanimous roll call vote. A) CASE S-85-049. Revised final subdivision of Lot 3, Block 4, Bells Flats Alaska Subdivision to Lots 3A and 3B. (Melvin Kortlever) was COMMISSIONER KNUDSEN MOVED TO RECONSIDER THE ACTION TAKEN ON CASE S-85-049. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION TO SAY that all septic and water systems be on the individual lots that they serve. The amendment was seconded and CARRIED by unanimous voice vote. C) CASE 85-039. Review of the conditions of approval of a previously approved exception that permitted a welding business to locate in a R1--Single-Family Residential Zoning District subject to nine conditions of approval. Lot 3A, Block 3, Island Lake Subdivision; 3246 Ptarmigan Pass. (Lyle K. LaMont) COMMISSIONER HEINRICHS MOVED TO FAVORABLE REPORT OF THE ACTIVIT motion was seconded and CARRIED VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS RECEIPT OF THE E ON THIS LOT. The voice vote. KIBS226013 P & Z REGULAR MEETING 17 JUNE 18, 1986 MINUTES IONER KNUDSEN MOVED vote. TO ACKNOWLEDGE RECEIPT OF THE ITEMS OF was seconded and CARRIED by iinnnimn„a A) A copy of a letter from David C. Crowe, re: Preliminary Subdivision Plat Submittals, dated May 27, 1986. voice A discussion ensued amongst the Commissioners and Engineering Department staff. B) A copy of a letter from the State of Alaska Department of Health and Social Services Division of Planning to James H. Gingerich, Administrator, Kodiak Island Hospital dated May 13, 1986. C) Minutes of the May 6 and 20, 1986 Womens Bay Comprehensive Planning Committee Meetings. D) Meeting Notes of the April 13 and 21, 1986 Chiniak Community Forum Comprehensive Plan Worksessions. X. REPORTS A) Status Report from the Community Development Department. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER KNUDSEN MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT FOR CASE 86-038: 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from RR1 to R2 and Business is justified because these categories will be appropriate for the land in question, will permit development that can be compatible with existing and potential land uses on surrounding properties and will not create adverse traffic impacts. A rezone to Industrial is not justified because of the potential for adverse health and safety impacts on adjacent existing residential areas. 2. Findings as to the Obiectives of the ve or would have on the A rezone to Industrial will be inconsistent with the comprehensive plan. The comprehensive plan designation for this area is for medium density residential development and industrial zoning and land uses are not consistent with residential development. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 12:34 p.m. ATTEST By: Patricia Miley, ecretary Community Deve pment Department KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Q �✓ Steve Rennell, Chairman 1OBS226014 P & Z REGULAR MEETING M JUNE 18, 1986 MINUTES DATE APPROVED: A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226015 P & Z REGULAR MEETING 19 JUNE 18, 1986 MINUTES