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1986-09-17 Regular MeetingKodiak Island Borough M E M O R A N D U M TO: Planning and Zoning Commission n FROM: Community Development Department DATE: September 17, 1986 RE: Additions to the September 17, 1986 Agenda ITEM VII - OLD BUSINESS ITEM III C) REMAND OF CASE 86-047. Appeal of Commission approval of Case 86-047. Request for a Conditional Use Permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit two additional petroleum storage tanks to locate in the Industrial Zoning District. Lots B & D, Tract A, U.S.S. 444; 310 thru 312 Mission Road. (Petro Marine Services) ITEM IX - COMMUNICATIONS B) Copy of a letter to Wanda Fields and Tom Everitt, dated August 18, 1986, from Gordon Gould, Community Development Department, re: Lot 1, U.S. Survey 3100 (Glass Ball Beach Mobile Home Park) and a copy of a letter to Mr, and Mrs. Cloudy and Mr, and Mrs. Anthony, dated September 4, 1986, from De Witt Fields in response to the aforementioned letter. C) Copy of a letter to Steve Rennell, Chairman, Planning and Zoning Commission, dated September 15, 1986, from Samuel C. Gesko, Jr., City Manager, City of Kodiak, re: Service District #1. KIBS226063 ADDITIONS TO AGENDA 1 SEPTEMBER 17, 1986 P&Z 0- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 17, 1986 CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Steve Rennell on September 17, 1986 in the Borough Assembly Chambers. II. ROLL CALL IV Commissioners Present: Others Present: Steve Rennell, Chairman Linda Freed, Director, Mike Anderson Community Development Department Robin Heinrichs Bob Pederson, Associate Planner, Marlin Knight Community Development Department D.L. Smedley Dave Crowe, Borough Engineer Scott Thompson Bud Cassidy, Resource Management Officer Patricia Miley, Secretary, Community Development Department Commissioners Absent: Mary Lou Knudsen, Excused APPROVAL OF AGENDA The following additions were made to the agenda: ITEM VII - OLD BUSINESS C) REMAND OF CASE 86-047. Appeal of Commission approval of Case 86-047. Request for a Conditional Use Permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit two additional petroleum storage tanks to locate in the Industrial Zoning District. Lots B & D, Tract A, U.S.S. 444; 310 thru 312 Mission Road. (Petro Marine Services) ITEM IX - COMMUNICATIONS B) Copy of a letter to Wanda Fields and Tom Everitt, dated August 18, 1986, from Gordon Gould, Community Development Department, re: Lot 1, U.S. Survey 3100 (Glass Ball Beach Mobile Home Park) and a copy of a letter to Mr. and Mrs. Cloudy and Mr. and Mrs. Anthony, dated September 4, 1986, from De Witt Fields in response to the aforementioned letter. C) Copy of a letter to Steve Rennell, Chairman, Planning and Zoning Commission, dated September 15, 1986, from Samuel C. Gesko, Jr., City Manager, City of Kodiak, re: Service District #1. COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the additions noted by the Community Development Department staff. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the August 20, 1986 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS KIBS226064 A) CASE S-85-049. Request for an additional six-month extension of preliminary plat approval period: subdivision of Lot 3, Block 4, P & Z MINUTES 1 SEPTEMBER 17, 1986 Bells Flats Alaska Subdivision to Lots 3A and 3B. (Melvin W. Kortlever) COMMISSIONER ANDERSON MOVED TO GRANT an additional six-month extension of preliminary plat approval period: subdivision of Lot 3, Block 4, Bells Flats Alaska Subdivision to Lots 3A and 3B. The motion was seconded and CARRIED by unanimous voice vote. There were no further appearance requests nor audience comments. VI. PUBLIC HEARINGS A) CASE 86-064. Request for a variance from Section 17.54.010(C) (Fences and Walls) of the Borough Code to permit a four foot fence to project into the Simeonoff Street right-of-way; and a Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a 4.5 foot by 16 foot two-story addition onto the front of the existing single-family residence to encroach 0.3 feet into the required 5 foot side yard setback in a R1--Single-Family Residential Zoning District. Lot 2, Block 48, East Addition; 1423 Simeonoff Street. (William Rhodes) BOB PEDERSON indicated 41 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 expressing non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER ANDERSON MOVED TO GRANT a variance from Section 17.18.050(B) of the Borough Code to permit a 4.5 foot by 16 foot two-story addition on to the front of an existing single-family residence to encroach .3 feet into the required 5 foot side yard setback in a R1--Single-Family Residential Zoning District. Lot 2, Block 48, East Addition Subdivision 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. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.54.010 of the Borough Code to permit a 4 foot fence to encroach onto the Simeonoff Street right-of-way across Lot 2, Block 48, East Addition, subject to the conditions of approval outlined in the staff report, 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. CONDITIONS OF APPROVAL 1. The fence is constructed at the applicant's sole expense. 2. The applicant assumes any liability associated with said fence on city -owned property. 3. If at a future date the city determines that the fence must be removed from the city -owned property, the applicant or any subsequent owner of Lot 2, Block 48, East Addition, agrees to remove same without cost to the city. 4. Since the land is publicly owned, no prescriptive right accrues to the user. FINDINGS OF FACT Side Yard Variance: KIBS226065 P & Z MINUTES 2 SEPTEMBER 17, 1986 rmni r— 1. Exceptional physical circumstances or conditions to the property or intended use of development, do not apply to use aistrict. same land In this case the unique physical condition is the existing nonconforming structure located on the lot. Any expansion of this structure, using the existing building line, will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would not allow the addition as proposed. This is a practical difficulty and unnecessary hardship when the encroachment is only .3 feet (a minuscule amount) and the addition will comply with all other setback requirements. 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. Granting of this variance will not result in material damage or prejudice to other properties in the area. A substantial number of structures in East Addition are nonconforming and variances have been granted in the past by the Commission for additions to such structures. Also, the amount of encroachment is so small as to make no significant difference from the required setback. 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 since this area is an established residential neighborhood, even though the plan identifies this area for Parks and Open Space. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case actions of the applicant has not caused the conditions from which relief is being sought by a variance. The existing structure was built in 1965 and purchased by the applicant in 1985. 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. Fence Variance: 1. Exceptional physic to the property or generally do not a use district. use or conditions The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, the average property owner assumes that all the land out to the sidewalk is their "yard," and that they should be able to erect a fence around that yard. In this case, it is notable that the applicant is seeking permission for the fence to locate on the public property prior to erecting the fence. In addition, if the fence was built along the property lines, a small strip of City property would remain outside the fence. It is possible that this property would not then be maintained by the property owner. KIBS226066 P & Z MINUTES 3 SEPTEMBER 17, 1986 2. Strict appl or unne in Strict application of the zoning ordinance would only allow the fence to be placed on the property lines. This is an unnecessary hardship when many other fences in the community have encroached on the public property without first receiving a variance. 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. Granting of the variance will not be detrimental to the public's health, safety or welfare. The fence will not interfere with safe traffic flow along Simeonoff Street. Also, the conditions outlined below ensure that any future removal of the fence will not impose a cost to the public. The erection of the fence out to the sidewalk will hopefully ensure that the small strip of City property is maintained by the property owner to the benefit of the City. 4. The erantine 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. This is an established residential neighborhood. 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 instance, actions of the applicant have not caused r the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction of the fence. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. B) CASE 86-065. Request for an exception pursuant to Section 17.03.060 (Building Permits) of the Borough Code to permit grading (fill) in a residential zoning district in order to completely fill in the water body on Lots 10 and 11, Tract A, Woodland Acres Subdivision 1st Addition; 324 and 329 Seabreeze Circle. (Armin Reimnitz) BOB PEDERSON indicated 33 public hearing notices were mailed for this case and 5 were returned, 2 opposing this request and 3 concerned with one aspect or another of the fill. Staff recommended tabling this request. Regular Session Closed. Public Hearing Opened: r LOREN HALTER appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners, Community Development Department staff and Mr. Halter. CANDY OZOL appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. KIBS226067 COMMISSIONER ANDERSON MOVED TO TABLE Case 86-065 for an additional public hearing at such time as the review by the Army P & Z MINUTES 4 SEPTEMBER 17, 1986 Corps of Engineers is complete or as part of the Borough's coastal consistency review of this project. The motion was seconded and CARRIED by unanimous roll call vote. C) CASE 86-066. Request for an exception from Section 17.33.020 (Permitted Uses) of the Borough Code to permit the KMXT radio station offices and studios to locate within the PL--Public Use Lands Zoning District. Lot 6B-1, U.S. Survey 2538B; located off Egan Avenue. (Kodiak Public Broadcasting Corporation/City of Kodiak) KIBS226069 CHAIRMAN RENNELL excused himself due to a conflict of interest. VICE-CHAIRMAN KNIGHT continued the meeting. BOB PEDERSON indicated 40 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 an exception from Section 17.33.020 of the Borough Code to permit the KMXT radio station offices and studios to locate within the PL--Public Use Lands Zoning District. Lot 6B-1, U.S. Survey 2538B, located off Egan Avenue, subject to the condition outlined in the staff report 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. CONDITION OF APPROVAL 1. Driveway access from Egan Avenue is developed or an easement is obtained for the use of the existing driveway that accesses the site. 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. The proposed use should not endanger the public's health, safety or welfare. The proposed use has been an active part of the Borough Building complex and has posed no safety hazard to the public in that time. In addition, the station's transmitter would not be moved from it's current location in the area of the Borough Building, only the broadcast studios and offices would be relocated if the request is approved. 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 17.33, the PL--Public Use Lands Zoning District: "The public lands district is established as a land use district for publicly owned land containing recreational, educational and institutional uses." The radio station's offices and studios are generally consistent with this description. C. The proposed use should not adversely impact other properties or uses in the neighborhood. As noted earlier the uses have coexisted with other public/institutional uses in the area for ten years P & Z MINUTES 5 SEPTEMBER 17, 1986 without any apparent problem. The barn is a significant distance from any residences in the area and the use should not create any additional traffic in the area. At this time there is no adequate legal driveway access to the barn. CHAIRMAN RENNELL returned to the Planning and Zoning Commission. D) CASE 86-067. Request for a variance from Section 17.36.O6O(A) 0` (Nonconforming Uses of Land) to permit the expansion of a nonconforming land use (a single-family residence in a business zoning district) in order to construct a 7 foot by 12 foot addition onto the rear of the existing single-family residence. Lots 17A and 17B, Block 1, Kodiak Townsite; 503 Sargent Drive. (Pete Olson) BOB PEDERSON indicated 28 public hearing notices were mailed for this case and none were returned. 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 variance from Section 17.36.O6O(A) of the Borough Code to permit a nonconforming land use to be enlarged and extended to occupy a greater area of land in order to construct a 7 foot by 12 foot addition onto an existing single-family residence located in a B--Business Zoning District on Lots 17A and 17B, Block 1, Kodiak Townsite and to "l— 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 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 unique condition applicable to the intended use of the property is the existing residential land use. Although zoned B--Business, there has been a single-family residence on the property for many years. Other nearby lots also have residential land uses and it is likely that this area will remain residential in nature for the foreseeable future. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would not allow any additions to the existing residential structure. This r is an unnecessary hardship when the existing land use is residential and likely to remain such. 3 The granting of the variance will not aor _mages prejudice to other properties e detrimental to the public's health, sa result in material nor Granting of the variance will not result in material damage or prejudice to other properties in the area. Adjacent residences are nonconforming land uses and granting a variance for additions to a residential structure will continue the existing land use pattern of the area. KIBS226069 P & Z MINUTES 6 SEPTEMBER 17, 1986 4. The granting of the variance will not be contrary to the Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan. The plan which identifies a portion of this lot for Public and Open Space as well as Industrial use is out of date for this area of the City of Kodiak. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being 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 existing house was built in 1953; the property was zoned business in 1976. Also, the variance request will be decided prior to construction of the addition. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences, provided they occupy less than 50 percent of a commercial structure, are conditionally permitted in the B--Business Zoning District. E) CASE 86-068. Request for a variance from Section 17.54.010(C) (Height --Extension onto Public Property) of the Borough Code to permit a four foot fence and a dog kennel to project into the rights -of -way of Rezanof Drive East, Ole Johnson Avenue, and the alley through Block 45 of East Addition. Lots 15 and 16, Block 45, East Addition; 1422 through 1424 Rezanof Drive East. (Susan and Timothy Blott) r-' BOB PEDERSON indicated 62 public hearing notices were mailed for this case and 5 were returned, 1 in favor and 1 opposing this request, and 3 were concerned with alley access, fence height and the kennel, respectively. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER ANDERSON MOVED TO GRANT a variance from Section 17.54.010 of the Borough Code to permit a 4 foot fence to encroach into the Ole Johnson, Rezanof and the alley through Block 48, East Addition rights -of -way across Lot 15 and 16, Block 45, East Addition as shown on the submitted "as -built" survey, subject to the conditions of approval outlined in the staff report, 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 Smedley voted "no." CONDITIONS OF APPROVAL 1. The fence is constructed at the applicant's sole expense. 2. The applicant assumes any liability associated with said fence on State and City -owned property. 3. If at a future date the State or City determines that the fence must be removed from the State or City -owned property, the applicant or any subsequent owner of Lots 15 and 16, Block 45, East Addition, agrees to remove same without cost to the State or City. KIBS226070 P & Z MINUTES 7 SEPTEMBER 17, 1986 r 4. Since the land is publicly owned, no prescriptive right accrues to the user. 5. A gate (8 foot minimum opening width) shall be installed along the alley to provide for one off-street parking space. 6. A ramp to provide physical (actual) access to the garage is provided so that the fence does not reduce the required off-street parking. FINDINGS OF FACT 1 2. Exc to use district. ical circumstances or conditions applicable or intended use of development, which not apply to es in the same land The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, the average property owner assumes that all the land out to the sidewalk or roadway edge is their "yard," and that they should be able to erect a fence around that yard. In addition, if the fence was built along the property lines, strips of State and City property would remain outside the fence. It is possible that this property would not then be maintained by the property owner. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow the fence to be placed on the property lines. This is an unnecessary hardship when many other fences in the community have encroached on the public property without first receiving a variance. P_ 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. Granting of the variance will not be detrimental to the public's health, safety or welfare provided it is determined that visibility for traffic along Rezanof is not obscured. Also, the conditions outlined below ensure that any future removal of the fence will not impose a cost to the public. The erection of the fence out to the sidewalk will hopefully ensure that the small strip of City property is maintained by the property owner to the benefit of the City. 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. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the applicant have caused the 0.- conditions from which relief is being sought by a variance. This is due to the fact that the fence was constructed prior to the granting of the variance; staff believes that the variance would have been requested prior to the construction if the applicant had understood that it was necessary. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. F) CASE 86-069. Request for the rezoning of Lots 1 through 6B, Block 1; Lots 1 through 3B, Block 2; Lots 1A through 2A and Lots 4 through 9, Block 5, Miller Point Alaska Subdivision [all lots P & Z MINUTES KIBS226071 8 SEPTEMBER 17, 1986 receiving water and sewer under Service District #1 project #85-1(B)] from RR1--Rural Residential One to R2--Two-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located along Rezanof Drive East, Cliffside Road, Parkside Drive and Abercrombie Drive. (Nickel/Majdic) BOB PEDERSON indicated 58 public hearing notices were mailed for this case and 4 were returned, 1 in favor and 3 opposing this /'— request. Public hearing notices John Pozun and Joel and Glenda Hayes were received prior to the meeting and were read into the record. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: WILLIAM NICKEL appeared before the Commission, requested that the rezone area be reduced to Lots 1A through 2A and Lots 4 through 9, Block 5, Miller Point Alaska Subdivision and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Nickel. MARK MAJDIC appeared before the Commission and expressed support for the revised request. A discussion ensued amongst the Commissioners and Mr. Majdic. JIM SIMMON appeared before the Commission and expressed support for the requested rezoning. LEROY COSSETTE appeared before the Commission and expressed support for the revised request. BETTE CAMPBELL appeared before the Commission and expressed support for the revised request. A discussion ensued amongst the Commissioners and Ms. Campbell. JOE MAJDIC appeared before the Commission and expressed support for the requested. CAROL NICKEL appeared before the Commission and expressed support for the revised request. A discussion ensued amongst the Commissioners and Ms. Nickel. WILLIAM NICKEL reappeared before the Commission and expressed support for the revised request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO RECOMMEND to the Borough Assembly the rezoning of Lots 1A through 2A and Lots 4 through 9, Block 5, Miller Point Alaska Subdivision from RR1--Rural Residential One /-' to R2--Two-Family Residential in accordance with Chapter 17.72.020 of the Borough Code and to defer the findings of fact to the end of the meeting. The motion was seconded and CARRIED by majority roll call vote. Commissioners Smedley and Rennell voted "no." G) CASE 86-070. Public hearing on the City of Akhiok Comprehensive Plan and Capital Improvements Program. LINDA FREED noted that resolutions from both the Akhiok Tribal and City Councils were distributed with the packet materials for this item. Staff recommended approval of this request. A discussion ensued amongst the Commissioners. P & Z MINUTES KIBS226072 9 SEPTEMBER 17, 1986 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the Akhiok Comprehensive Plan and Capital Improvements Program. The motion was seconded and CARRIED by unanimous roll call vote. H) CASE 86-071. Request for review by the Planning and Zoning Commission under Section 2.4O.O3O(E) of the Borough Code of a list of recommended capital improvements which are necessary or desirable to be constructed during the next five-year period (FY87-FY92). LINDA FREED reviewed the CIP process. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly consider the incorporation of these prioritized r projects into the Borough's adopted Capital Improvement Program: 1. Upgrade and modification of sewer treatment plant. 2. Sanitary landfill. 3. Sewer and Water Project 85-03. 4. Karluk access road A & E. 5. Sharatin Road construction. The motion was seconded and CARRIED by unanimous roll call vote. I) CASE 86-072. Review by the Planning and Zoning Commission of the exchange of Borough -owned property in the vicinity of Smokey's dump for the acquisition of property in the area between the former Harvester Inn and bordered by Larch Street in accordance with Sections 18.10.030 and 18.20.020 of the Borough Code. (Kodiak Island Borough) BUD CASSIDY requested a recess so that he could put maps up. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 9:55 p.m. BUD CASSIDY reviewed the land exchange. A discussion ensued amongst the Commissioners, Bud Cassidy and Community Development Department staff. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO APPROVE Resolution 86-04-R recommending approval to the Borough Assembly of an exchange of property. The motion was seconded. P & Z MINUTES KIBS226073 10 SEPTEMBER 17, 1986 A discussion ensued amongst the Commissioners and Bud Cassidy. The question was called and the motion CARRIED by majority roll call vote. Commissioners Heinrichs and Thompson voted "no." J) CASE 5-86-026. Preliminary subdivision of U.S. Survey 1420 (Northeast Arm of Uganik Bay) to Tracts A, B, C and D (five -plus acres each). (Tim Abena) r DAVE CROWE indicated 2 public hearing notices were mailed for this case and none were returned. COMMISSIONER HEINRICHS reported on his site visit and presented photographs of the area to the other Commissioners. Regular Session Closed. Public Hearing Opened: FRANK ABENA appeared before the Commission and expressed support for this request. LEROY COSSETTE appeared before the Commission and expressed non -objection to this request. Mr. Cossette objected to the proposed requirement for topographic mapping of this area prior to subdivision. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, Engineering Department staff, Community Development Department staff and Mr. Abena. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary plat approval for CASE 5-86-026: Preliminary subdivision of U.S. Survey 1420 (Northeast Arm of Uganik Bay) to Tracts A, B, C and D (five -plus acres each) subject to the following conditions: CONDITIONS OF APPROVAL 1. Approval for onsite waste disposal be obtained from ADEC. 2. Include the following plat note: "Natural streams and drainage courses shall not be blocked or impeded." The motion was seconded and CARRIED by unanimous roll call vote. K) CASE 5-86-027. Preliminary subdivision of Lot 19, U.S. Survey 3101 (Spruce Cape) to Lots 19A, 19B and 19C. (St. Mary's Church) DAVE CROWE indicated 19 public hearing notices were mailed for this case and none were returned. A discussion ensued amongst the Commissioners and Engineering Department staff. Regular Session Closed. Public Hearing Opened: ALAN SCHMITT, representing St. Mary's Church, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Schmitt. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval to CASE 5-86-027: Preliminary subdivision of Lot 19, U.S. Survey 3101 (Spruce Cape) to Lots 19A, 19B and 19C, subject to the following conditions: KIBS226074 P & Z MINUTES 11 SEPTEMBER 17, 1986 r- 1. Revise the lot line between Lot 19A and 19B to follow the center of the existing driveway. This boundary to be platted in straight lines rather than curves, and make the north edge of the sewer easement be the boundary between 19C and 19A and 19B. 2. Install a new water service for Lot 19C within the existing driveway. 3. Install sewer services for Lots 19A and 19B. 4. Remove or relocate the accessory building on Lot 19A prior to filing the final plat. The motion was seconded and CARRIED by majority roll call vote. Commissioner Smedley voted "no." L) CASE S-86-028. Preliminary subdivision (revised) of Lot 2A, Block 5, Miller Point Alaska Subdivision to Lots 2A-1 and 2A-2. (Mark Majdic) DAVE CROWE indicated 19 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: MARK MAJDIC appeared before the Commission, requested this case be granted final approval and expressed support for this request. A discussion ensued amongst the Commissioners, Engineering Department staff, Community Development Department staff and Mr. Majdic. CAROL NICKEL appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT final approval to CASE S-86-028: Preliminary subdivision (revised) of Lot 2A, Block 5, Miller Point Alaska Subdivision to Lots 2A-1 and 2A-2, subject to the Borough Engineer's technical review and subject to the conditions outlined in the memorandum from the Borough Engineer dated September 9, 1986. The motion was seconded. A discussion ensued amongst the Commissioners, Engineering Department staff and Community Development Department staff. The question was called and the motion CARRIED by majority roll call vote. Commissioner Smedley voted "no." CONDITIONS OF APPROVAL 1. Show radial bearings for the Rezanof and Parkside Drive rights -of -way curves. 2. Establish the lot line between Lots 2A-1 and 2A-2 to connect with the existing corner common to Lots 3 and 9. 3. Place the following notes on the final plat: a) Natural streams and drainage courses are not to be blocked or impeded. b) Driveway access for Lot 2A-1 shall be from Parkside Drive only. 4. Provide a guy anchor easement as requested by Kodiak Electric Association. M) CASE S-86-029. Preliminary vacation and replat of Lot 2, Block 6 and Lot 1, Block 7, Miller Point Alaska Subdivision; Lot 8, Block 9 and Lot 1, Block 10, Miller Point Alaska Subdivision 1st Addition to create additional right-of-way for a cul-de-sac (northerly leg of Lilly Drive). (Kodiak Island Borough) DAVE CROWE indicated 51 public hearing notices were mailed for this case and 1 was returned, opposing this request. P & Z MINUTES KIBS226075 12 SEPTEMBER 17, 1986 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT final approval for Case r- 5-86-029: preliminary vacation and replat of Lot 2, Block 6 and Lot 1, Block 7, Miller Point Alaska Subdivision; Lot 8, Block 9 and Lot 1, Block 10, Miller Point Alaska Subdivision 1st Addition to create additional right-of-way for a cul-de-sac (northerly leg of Lilly Drive), subject to the following condition: 1. Since this plat interrupts Lilly Drive, the portion of Lilly Drive which connects with Mallard Way shall be renamed Mallard Way and the dead end portion of Lilly Drive be renamed Mallard Court. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) CASE 5-86-015. Final plat: subdivision of Lot 13, Block 1, Monashka Bay Alaska Subdivision to Lots 13A and 13B. (Thomas Hendel) COMMISSIONER ANDERSON MOVED TO GRANT final approval of Case 5-86-015: subdivision of Lot 13, Block 1, Monashka Bay Alaska Subdivision to Lots 13A and 13B, subject to the four conditions outlined in the memorandum from the Borough Engineer dated September 9, 1986. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Designate the access and utility easement as being for Lot 13A. 2. Show the Basis of Bearing. 3. Show the total distance for the westerly boundary of Lot 13B. 4. Delete the delta angle and radius reference for the right-of-way outside the plat boundary as it is confusing. B) CASE 5-86-019. Final plat: subdivision of Lot 8, Block 1, Miller Point Alaska Subdivision 2nd Addition to Lots 8A and 8B. (Doyne and Carol Kessler) COMMISSIONER HEINRICHS MOVED TO GRANT final approval of Case 5-86-019: subdivision of Lot 8, Block 1, Miller Point Alaska Subdivision 2nd Addition to Lots 8A and 8B. The motion was seconded and CARRIED by unanimous roll call vote. C) REMAND OF CASE 86-047. Appeal of Commission approval of Case 86-047. Request for a Conditional Use Permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit two additional petroleum storage tanks to locate in the Industrial Zoning District. Lots B & D, Tract A, U.S.S. 444; 310 thru 312 Mission Road. (Petro Marine Services) A discussion ensued amongst the Commissioners, Don James of Petro Marine Services, and the Community Development Department staff. COMMISSIONER HEINRICHS MOVED TO ADOPT Items 1 & 2 contained in the memo dated September 12, 1986 as findings for the 2 points of clarification sought by the Board of Adjustment and to return the appeal to the Board of Adjustment. The motion was seconded and CARRIED by majority roll call vote. Commissioner Smedley voted "no." A discussion ensued amongst the Commissioners. KIBS226O76 P & Z MINUTES 13 SEPTEMBER 17, 1986 FINDINGS OF FACT 1. The Conditional Use Permit granted by the Planning and Zoning Commission was intended to permit the addition of 2 (two) tanks on the property. With the eleven (11) existing tanks, in the Petro Marine complex this would make a total of 13 tanks. 2. The 11 existing tanks have a maximum storage capacity of ♦-- 1,874,600 gallons. The specifications of each of the existing tanks are as follows: Maximum Products Tank Capacity Height Diameter Contained 1 68,000 gallons 29'11 1/2" 19.96' AV GAS 100-130 2 18,762 gallons 30' 10.51' Supreme Unleaded 3 18,813 gallons 30' 10.51' AV GAS 80-87 4 18,756 gallons 29'11 5/8" 10.5' 30 WT. Motor Oil 5 68,000 gallons 29'11 1/2" 19.96' AV GAS 100 6 152,000 gallons 29'11 13/32" 29.94' Regular Gas 7 155,000 gallons 42' 24.99' Regular Unleaded 8 188,769 gallons 4319" 29.49' Jet Fuel 9 541,000 gallons 4812" 44' Diesel Fuel 10 224,000 gallons 30' 36' Diesel Fuel 11 421,000 gallons 40' 42.5' Diesel Fuel Total 1,874,600 Gallons The specifications of the 2 additional tanks proposed are as follows: Proposed Maximum Products Tank Capacity Height Diameter Contained 1 80,000 gallons 28' 21.5' Supreme Unleaded 2 18,000 gallons 30' 10, EP. Hydraulic Oil Total 98,000 Gallons The percentage increase in the total amount of tank storage is 57 (98,000/1,874,600 = .05). The percentage increase in the total amount of gasoline storage is 12% (80,000/669,844 = .12). This assumes that AV GAS and Jet Fuel are gasoline. Diesel and Motor Oil is not included in this figure. The Board of Adjustment letter refers to the storage of "Hazardous Gasoline". Staff is unable to determine the amount of increased storage of hazardous gasoline. This is because gasoline in not defined as a hazardous material under the 1982 Uniform Fire Code. Gasoline, diesel, AV gas, jet fuel, 30 Wt. motor oil, and hydraulic oil are all classified as flammable and combustible liquids under the Uniform Fire Code. As noted previously the percentage increase in the total amount of flammable and combustible liquid storage is 57 (98,000/1,874,600 = .05). It should also be noted that if the applicant desired, all of the existing tanks on the property could be filled with gasoline or any combination of liquids. Jet Fuel A, diesel, 30 Wt. motor oil, and hydraulic oil are classified as a combustible liquid because the flash point is over 100 degrees F. AV gas, regular gas, and unleaded gas are Class 1-B flammable liquids (flash point below 100 degrees F). The percentage increase in the total storage of Class 1-B flammable liquids is 17% (80,000/481,075 = .17). P & Z MINUTES KIBS226077 14 SEPTEMBER 17, 1986 VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS LINDA FREED reviewed the following items of communications: i - A) A copy of a letter dated August 25, 1986, to Bob Boyd, ADOT/PF, from Linda Freed, re: Bay View Drive - Monashka Bay Road Intersection; and, a letter of response from Bob Boyd, ADOT/PF, dated September 12, 1986. B) Copy of a letter to Wanda Fields and Tom Everitt, dated August 18, 1986, from Gordon Gould, Community Development Department, re: Lot 1, U.S. Survey 3100 (Glass Ball Beach Mobile Home Park) and a copy of a letter to Mr. and Mrs. Cloudy and Mr. and Mrs. Anthony, dated September 4, 1986, from De Witt Fields in response to the aforementioned letter. C) Copy of a letter to Steve Rennell, Chairman, Planning and Zoning Commission, dated September 15, 1986, from Samuel C. Gesko, Jr., City Manager, City of Kodiak, re: Service District #1. COMMISSIONER KNIGHT MOVED TO ACKNOWLEDGE RECEIPT of Items A, B and C of Communications. The motion was seconded and CARRIED by unanimous voice vote. A discussion ensued amongst the Commissioners, Engineering Department staff, and Community Development Department staff about Item C of Communications. X. REPORTS A) Status Report from the Community Development Department. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS A discussion ensued amongst the Commissioners. COMMISSIONER KNIGHT MOVED TO ADOPT the following findings of fact for Case 86-069: request for the rezoning of Lots 1A through 2A and Lots 4 through 9, Block 5, Miller Point Alaska Subdivision from RR1--Rural Residential One to R2--Two-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 1. Findings as to the Need and Justification for a Change or Amendment_ The Commission finds that a zoning change from RR1 to a more intense zoning district is needed because of the pressure for development in the area as a result of the installation of water and sewer. A rezone from RR1 to R2 is justified because some nonconforming land uses will become conforming land uses in the R2 Zoning District and development under the R2 Zoning District will create needed revenue for the operations and maintenance of the newly installed sewer and water system. 2. Findings as to the Effect a Change or Amendment would have on the Plan. The rezoning is consistent with the objectives of the comprehensive plan for the area which is designated for Medium Density Residential development. The motion was seconded and CARRIED by unanimous voice vote. P & Z MINUTES KIBS226078 15 SEPTEMBER 17, 1986 A discussion ensued amongst the Commissioners. COMMISSIONER ANDERSON MOVED TO DIRECT STAFF TO INVESTIGATE Mark White's rental properties in Monashka Bay for zoning compliance. The motion was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners and Community Development Department staff. Commissioner Anderson reported that he would be out of town from October 3 through October 12, 1986. Commissioner Rennell reported that he would be out of town from October 10 through November 1, 1986. ►:iiil�\�111i1�13�1w1_�I�YI CHAIRMAN RENNELL adjourned the meeting at 10:52 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Marlin Khilkfit Vice Chairman ATTEST By: f &4- rah / ` Patricia Miley, ecretary Community Development Department DATE APPROVED: DTDft-YL /5, / I n A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226079 P & Z MINUTES 16 SEPTEMBER 17, 1986