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1986-12-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 17, 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 December 17, 1986 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Robin Heinrichs Marlin Knight Mary Lou Knudsen D.L. Smedley Commissioners Absent: Mike Anderson, Excused Scott Thompson, Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Bob Pederson, Associate Planner, Community Development Department Patricia Miley, Secretary, Community Development Department Others Absent: Linda Freed, Director, Community Development Department Staff indicated the following addition to the agenda: IX COMMUNICATIONS B) Alaska Maritime National Wildlife Refuge Plan -It for Alternatives Development News - October 1986 COMMISSIONER KNIGHT MOVED TO ACCEPT the agenda with the addition above. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the November 19, 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 A) Request for Planning and Zoning Commission review of the addition of a plat restriction on Block 1, Lakeside Subdivision First Addition, Plat No. 86-1. The plat restriction will place a "greenbelt" designation down the middle of the block (across the rear of Lots lA through 16B). Block 1, Lakeside Subdivision First Addition; 2215 through 2369 Beaver Lake Drive and 2268 through 2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority) COMMISSIONER KNIGHT requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER KNIGHT. BOB PEDERSON reported that neither the Engineering Department nor the Community Development Department had objections to this request. A discussion ensued amongst the Commissioners and Mr. Knight. COMMISSIONER HEINRICHS MOVED TO AMEND Plat No. 86-1 to add a third note stating "All trees located in the Tree Preservation P & Z MINUTES KIBS226112 1 DECEMBER 17, 1986 Area are to be preserved. Grantor, Kodiak Island Housing Authority, shall have the exclusive right to remove or trim trees as it deems necessary or appropriate." Block 1, Lakeside Subdivision First Addition. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNIGHT returned to the Planning and Zoning Commission. P. There were no further appearance requests or audience comments. r VI. PUBLIC HEARINGS A) CASE 86-080. Request for an exception pursuant to Section 17.03.060 (Building Permits) of the Borough Code to permit grading (rock extraction) in a C--Conservation Zoning District in order to realign and lengthen the existing rifle range located on Tract A, Alaska Division of Lands Survey 36049, commonly known as the V.F.W. site; located off Monashka Bay Road, approximately one mile past the Timberline Sawmill. (Kodiak Island Sportsman's Association/V.F.W./Kodiak Island Borough) BOB PEDERSON indicated 26 public hearing notices were mailed for this case in both November and December. In November none were returned and in December 2 were returned, 1 from the V.F.W. and 1 opposing this request. Staff recommended approval of this request with conditions. Regular Session Closed. Public Hearing Opened: JIM GRAHAM, Kodiak Island Sportsman's Association Board Member, appeared before the Commission and expressed support for this request. CHAIRMAN RENNELL read a letter dated December 12, 1986 from George A. Pikus of the V.F.W. into the record. A discussion ensued amongst the Commissioners and Mr. Graham. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A request for an exception to Section 17.03.060 of the Borough Code to permit grading (rock extraction) in a C--Conservation Zoning District in order to realign and lengthen the existing rifle range at the VFW site on Tract A, Alaska Division of Lands Survey (ADL) 36049, subject to the conditions of approval outlined in the staff report dated November 9, 1986, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The technical aspects of the rock extraction (slopes, quantities, provisions for berms, drainage, etc.) will be in substantial compliance with the submitted application materials and plans. r 2. The extraction will, at a minimum, occur in 100 meter increments to minimize the timeframes in which drilling, blasting, hauling, etc., occur. This means that 100 meters will be extracted and berms constructed within one construction season (three months) from beginning the work. 3. The boundaries of ADL 36049 will be posted to warn hikers and boaters of the presence of the rifle range. 4. Disposition of the trees in the excavation area will be determined by the Borough's Resource Manager. h : 1#1011F91 P & Z MINUTES 2 DECEMBER 17, 1986 5. Dispositions of the rock extracted will be determined by the Borough's Resource Manager. 6. The range design will incorporate a baffle system to minimize safety concerns and potential impacts on surrounding properties. The motion was seconded. A discussion ensued amongst the Commissioners with input from Community Development Department staff. COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION by adding two (2) conditions: 7. A survey of the boundaries of the sub -lease to the Kodiak Island Sportsman's Association shall be performed prior to any work being done. 8. The Commission will review the conditions of approval in three years for compliance. 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. 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) r� 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 result in a net benefit to the public's health, safety or general welfare, primarily because of the orientation of the existing range. There are, however, aspects of rock extraction that have the potential to detract from the public safety or general welfare if not carefully managed or mitigated in some fashion. With the current range orientation, residences are located approximately 4,000 feet down range from the target line. This situation clearly presents public safety concerns because the target line is uphill from the firing line and the distances bullets can travel. Reorientation of the range 30 degrees to the northwest will substantially alleviate this concern as will the provision of berms that meet or exceed National Rifle Association (NRA) recommended safety standards. Range realignment will, however, result in the "ricochet zone" area impacting adjoining property (the landfill site) and the beach with the old ship. The ricochet zone, as shown on the site plan, is considered adequate r according to NRA information. This area could be reduced through provision of berms or other techniques, such as construction of a baffled range. A baffled design substantially reduces ricochet and impact zones and should be considered as a possible condition of approval to mitigate safety concerns. The range is located approximately three-quarters of a mile away from the nearest residentially zoned area and other land uses in the area are the sanitary landfill site and undeveloped land. This physical separation and location should permit rock extraction to take place without undue disruption (blasting, noise, dust, etc.) to adjoining properties. One exception to this P & Z MINUTES j{jBS226114 3 DECEMBER 17, 1986 would be increased equipment and truck traffic along Monashka Bay Road if the rock extracted is hauled off the site. Whether the rock is hauled off the site or not is an issue that will be addressed by the Borough Resource Manager in his review of the appropriate use and disposal of a Borough resource (gravel). Staff has also reviewed the technical aspects of the rock extraction that are governed by Chapter 70, UBC and finds that the standards of the code are being met or exceeded for all extraction activities. Information developed by the NRA pertaining to safe rifle range design has also been reviewed and it appears that these guidelines are incorporated in the design and layout. Based on the information above, it appears that the proposed use will not endanger the public's health, safety or general welfare. 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 use activities that are not permitted in certain zoning districts. In the case of grading, this activity is specifically listed as requiring an exception in the C--Conservation Zoning District. In this instance, the request meets or exceeds all technical requirements pertaining to grading and therefore, the use is consistent with the provisions of Title 17 that authorizes grading through the exception process. In addition, the final product that will result from the grading is a use that is permitted in the C--Conservation Zoning District. C. The proposed use, under appropriate restrictions or conditions, will not adversely impact other properties or uses in the area. As previously identified, reorientation of the range will not leave the target line in line with any down range residential properties. This will be a major improvement over the potential impacts of the existing range alignment. Additional safety areas (impact zones and ricochet zones calculated for a level open range) do fall on adjoining properties (Monashka Bay and the landfill site) but the degree to which impact and ricochet zones could potentially impact other properties can be substantially reduced through provision of berms, possibly a baffled range design, and posting of the site to notify hikers and boaters. Potential impacts on adjoining properties from the extraction activity will most probably be limited to truck traffic along Monashka Bay Road. This impact might be greatly reduced if the rock extracted is used on the site or in conjunction with work at the sanitary landfill site. B) CASE 86-081. An appeal of an administrative decision in accordance with Section 17.68.020(B) (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (outdoor storage in a R2--Two-Family Residential Zoning District) and removal of all outdoor storage within thirty (30) days. The appellant is seeking relief in the form of an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit outdoor storage in the R2--Two-Family Residential Zoning District; and a Request for a variance from Section 17.54.010(A) (Height -Extension onto Public Property) of the Borough Code to permit a 6 foot fence to locate in a front yard in a R2--Two-Family Residential Zoning District (along Rezanof Drive KIBS226115 P & Z MINUTES 4 DECEMBER 17, 1986 East) on Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive East. (Michael W. Anderson) BOB PEDERSON indicated 60 public hearing notices were mailed for this case in November and 2 were returned, in favor of this request. Also, 60 public hearing notices were mailed for this case in December and 5 were returned, 2 in favor and 2 opposing this request. The fifth public hearing notice was opposed to outdoor storage and in favor of the fence. Staff recommended that the Commission (1) affirm the administrative decision; (2) grant relief in the form of an exception with conditions; and (3) grant approval of the variance request. COMMISSIONER HEINRICHS stated that he owned an adjoining parcel of land and requested the Commission determine if this was a conflict of interest. The Commissioners decided unanimously that no conflict existed. COMMISSIONER HEINRICHS MOVED TO REMOVE CASE 86-081 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. Regular Session Closed. Public Hearing Opened: TUCK BONNEY appeared before the Commission and expressed opposition to this request. JIM FAVERO appeared before the Commission and expressed opposition to this request. Mr. Favero submitted three (3) public hearing notices stating opposition to this request from himself, Raymond Cross and Thomas Thomson. A discussion ensued amongst the Commissioners and Mr. Favero. SCOTT ARNDT appeared before the Commission and expressed support for the exception request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO AFFIRM the administrative decision that the outdoor storage located on Tract C-1, U.S. Survey 1682 is an unlawful use of land. The motion was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners and it was determined to hold another public hearing on the exception request only. Regular Session Closed. Public Hearing Opened: JIM FAVERO appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners and Mr. Favero. TUCK BONNEY appeared before the Commission and expressed opposition to this request. TERESA SKONBERG appeared before the Commission and expressed opposition to this request. SCOTT ARNDT appeared before the Commission and expressed support for the exception request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO TABLE THE EXCEPTION AND VARIANCE REQUESTS UNTIL THE JANUARY 1987 REGULAR MEETING. The motion die n P & Z MINUTES 5 KIBS226116 DECEMBER 17, 1986 COMMISSIONER KNUDSEN MOVED TO GRANT A request for an exception from Section 17.19.020 of the Borough Code to permit outdoor storage on a lot in the R2--Two-Family Residential Zoning District, subject to the following four (4) conditions of approval and to adopt the findings contained in the staff report dated November 6, 1986, as findings of fact for this case. Tract C-1, U.S. Survey 1682. CONDITIONS OF APPROVAL 1. All outdoor storage must be removed from the property by April 17, 1988. 2. The outdoor storage shall be confined to the areas shown on the site plan. 3. A view obscuring fence or other visual barrier approved by the Planning and Zoning Commission shall be placed along the front property line (Rezanof Drive) and along 240 feet of the side property line (Puffin Drive) measured from the front property line. 4. No hazardous materials may be stored on the property. The motion was seconded. A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding the following condition: A natural vegetative barrier, 50 feet in width, will be retained along the common boundary of Woodland Acres Fifth Addition for the life of the exception. The amendment was seconded and CARRIED by unanimous roll call vote. / The question was called and the MAIN MOTION AS AMENDED FAILED by majority roll call vote. Commissioners Rennell, Knudsen, Knight and Smedley voted "no." A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO TABLE THE VARIANCE REQUEST until the disposition of the exception request was known. The motion was seconded and CARRIED by majority roll call vote. Commissioner Smedley voted "no." The Commission deferred findings of fact until the end of the regular meeting. C) CASE 86-084. Request for a conditional use permit in accordance with Section 17.24.020 (Conditional Uses) of the Borough Code to permit a dump or landfill site which will contain debris from demolished buildings to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) BOB PEDERSON indicated 34 public hearing notices were mailed for this case and 5 were returned, 4 opposing this request and 1 requesting the case be tabled. Staff recommended approval of r--- this request. Regular Session Closed. Public Hearing Opened: SEFF THRASHER, Chairman of the Womens Bay Community Council, appeared before the Commission and requested this case be tabled until more information was obtained pertaining to the request and time to study the effects of granting such a request could be determined. A discussion ensued amongst the Commissioners and Mr. Thrasher. GLENN MATHES appeared before the Commission and expressed opposition to this request. P & Z MINUTES j IBS226117 6 DECEMBER 17, 1986 A discussion ensued amongst the Commissioners and Mr. Mathes. DALE RICE appeared before the Commission and expressed support for cleaning up the existing debris on the site. ROYAL LARGE appeared before the Commission and expressed support for this request. r A discussion ensued amongst the Commissioners and Mr. Large. MIKE BRECHAN appeared before the Commission and expressed support for this request along with an explanation of the history of the site. A discussion ensued amongst the Commissioners and Mr. Brechan. SHERRY DOYLE appeared before the Commission and expressed opposition to this request. JACK DOYLE appeared before the Commission and expressed opposition to this request. Mr. Doyle submitted a petition containing seventy-five (75) signatures opposing this request. RICHARD MADSEN appeared before the Commission and addressed what sort of permit to grant. Mr. Madsen suggested conditions that would prohibit incineration; require clean fill only, define a list of materials that would be considered clean fill; and setup of timeframes for backfilling. Mr. Madsen indicated he was in favor of tabling this item until ADEC's recommendations were known. A discussion ensued amongst the Commissioners and Mr. Madsen. P— BOB HALES, Production Manager for Brechan Enterprises in Womens Bay, appeared before the Commission and detailed the events that occurred in Womens Bay this past summer and the steps Brechan Enterprises took to comply with ADEC's instructions. r JOEL WATTUM, a Monashka Bay resident, appeared before the Commission and expressed concern with ADEC's ability to effectively regulate requests such as this. SCOTT ARNDT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO TABLE a request for a conditional use permit to permit a dump or landfill site containing debris from demolished buildings to locate in an I --Industrial Zoning District on Block 3, Tract A, Bells Flats Alaska Subdivision, until a report or response is received from the Alaska Department of Environmental Conservation. The motion was seconded and CARRIED by majority roll call vote. Commissioner Knudsen voted "no." COMMISSIONER HEINRICHS stated that his intention was to reschedule this case for another public hearing at such time as ADEC's response was available. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 10:14 p.m. D) CASE 86-085. Request for a variance from Section 17.17.040 (Area Requirements) of the Borough Code to permit the creation of a lot containing 14,551 square feet, that does not meet the minimum area requirement of 20,000 square feet, in the RR1--Rural Residential One Zoning District. Lot 9, U.S. Survey 3103; 3300 Peninsula Road. (Alex Oskolkoff) P & Z MINUTES KIBS226118 7 DECEMBER 17, 1986 BOB PEDERSON indicated 36 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended approval of this request with one condition. COMMISSIONER HEINRICHS stated that he owned a parcel of land within the notification area and requested the Commission determine if this was a conflict of interest. The Commissioners decided unanimously that no conflict existed. r" Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT A request for a variance from Section 17.17.040 of the Borough Code to permit the creation of a lot containing 14,551 square feet that does not meet the minimum area requirement of 20,000 square feet in the RR1--Rural Residential One Zoning District for Lot 9, U.S. Survey 3103, subject to the condition of approval contained in the staff report dated December 4, 1986 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Proposed Lots 9A and 9B may not be further subdivided in the future. The motion was seconded. r— COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by changing the condition of approval to read "Proposed Lots 9A and 9B may not be further subdivided in the future unless the water and sewer systems and zoning regulations will permit such a subdivision." 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. 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. The unique physical condition applicable to the intended use of development is the location of Peninsula Road. This roadway creates a physical separation that would be the natural and logical location to subdivide the parcel. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. r Strict application of the zoning ordinance would require each lot to be a minimum of 20,000 square feet in area. This is an unnecessary hardship when the existing road creates a natural line of subdivision for the property. Adherence to the 20,000 square foot requirement would present a practical difficulty for proposed Lot 9B as nearly one-third of the lot would be located on the opposite side of the road from the house. This also presents practical difficulties and might preclude dedication of Peninsula Road through the lot. KIBS226119 P & Z MINUTES 8 DECEMBER 17, 1986 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 proposed Lot 9A is not further subdivided in the future. The sewer system for this area was designed to accommodate only the r--- subdivision of each lot into two lots and therefore, Lot 9A should not be subdivided in the future. Granting of the variance will not be detrimental to the public welfare as two other lots in U.S. Survey 3103 (Lots 8 and 11) have been similarly subdivided. 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 lot sizes proposed create a low density of residential development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused the conditions from which relief is being sought by a variance because the applicant did not construct the road and the variance will be decided prior to subdivision of the land. 6. That the granting of the variance will not permit a r- prohibited land use in the district involved. Residential uses are permitted in this zoning district. E) CASE 86-086. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a cold storage freezer facility, for community residents, to locate in a R1--Single-Family Residential Zoning District. Portion of Tract B, U.S. Survey 4793, Old Harbor Townsite. (City of Old Harbor) BOB PEDERSON indicated 5 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 KNIGHT MOVED TO GRANT A request for an exception from Section 17.18.020 of the Borough Code to permit a cold storage freezer facility for community residents to locate in a r` R1--Single-Family Residential Zoning District on a Portion of Tract B, U.S. Survey 4793, Old Harbor Townsite, and to adopt the findings contained in the staff report dated December 4, 1986 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. 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. P & Z MINUTES KIBS226120 9 DECEMBER 17, 1986 A. It appears that the proposed use will not endanger the public's health or safety and will enhance the public's general welfare. All construction will be required to be approved by the State Fire Marshall, thereby protecting the public health and safety. A community subsistence freezer facility will be a benefit to the welfare of all Old Harbor residents. r ' 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, public buildings are currently located on adjoining portions of the property and the location of the new city cold storage freezer building has been agreed upon by the Old Harbor City Council. 0-- C. The proposed use does not appear to adversely impact other properties or uses in the area. The existing public buildings have been compatible with surrounding uses and the new structure will not have substantially different use characteristics or impacts on the surrounding area. F) CASE 86-091. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a cold storage freezer facility, for community residents, to locate in a R1--Single-Family Residential Zoning District. Lot 7, Block 9, Ouzinkie Townsite, U.S. Survey 4871. (City of Ouzinkie) BOB PEDERSON indicated 42 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 HEINRICHS MOVED TO GRANT A request for an exception from Section 17.18.020 of the Borough Code to permit a cold storage freezer facility for community residents to locate in a R1--Single-Family Residential Zoning District on a Portion of Tract B, U.S. Survey 4871, Ouzinkie Townsite, and to adopt the findings contained in the staff report dated December 4, 1986 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 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 or safety and will enhance the public's general welfare. All construction will be required to be approved by the State Fire Marshall, thereby protecting the public health and safety. A community subsistence freezer facility will be a benefit to the welfare of all Ouzinkie residents. P & Z MINUTES KIBS226121 10 DECEMBER 17, 1986 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, public buildings are currently located on adjoining portions of the property and the location of the new city cold storage freezer building has been agreed upon by the Ouzinkie City Council. C. The proposed use does not appear to adversely impact other properties or uses in the area. The existing public buildings on adjoining lots have been compatible with surrounding uses and the new structure will not have substantially different use characteristics or impacts on the surrounding area. In addition, it should be specifically noted that the proposed use is consistent with the recently adopted (1984) Ouzinkie Comprehensive Plan. The freezer facility is a public facility that will serve community residents. G) CASE 86-087. Request for a variance from Section 17.60.050 (Industrial District Signs) of the Borough Code to permit more than one sign per business enterprise in an Industrial Zoning District (two signs for the Safeway Store); and a Request for a variance from Section 17.60.050(B) (Industrial District Signs) of the Borough Code to permit a sign to extend 24 feet 8 inches above the ground, instead of the permitted 14 feet above the ground, in an Industrial Zoning District. Tract S-4A-1, U.S. Survey 3218; 2685 Mill Bay Road. ►— (Safeway Stores, Inc.) BOB PEDERSON indicated 24 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of these requests. Regular Session Closed. Public Hearing Opened: GIOVANNI TALLINO appeared before the Commission and expressed concern with these requests. A discussion ensued amongst the Commissioners, Community Development Department staff and Mr. Tallino. JIM STEVENSON, representing Safeway Stores, appeared before the Commission and expressed support for these requests. A discussion ensued amongst the Commissioners, Community Development Department staff and Mr. Stevenson. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNIGHT MOVED TO GRANT A request for a variance in r-- accordance with Section 17.60.050 of the Borough Code to permit a sign for the Safeway Store to be 24 feet 8 inches above the ground instead of the maximum permitted height of 14 feet on Tract S-4A-1, U.S. Survey 3218 and to adopt findings 1B through 6B contained in the staff report dated December 4, 1986 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance in accordance with Section 17.60.050 of the Borough Code to permit a second sign advertising the Safeway Store in an I --Industrial Zoning District on Tract S-4A-1, U.S. Survey 3218 and to adopt findings 1A through 6A contained in the staff report dated December 4, 1986 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. P & Z MINUTES KIBS226122 11 DECEMBER 17, 1986 0` FINDINGS OF FACT A. For the variance to the number of permitted signs. B. For the variance to the maximum permitted sign height. 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. A. The exceptional condition applicable to the intended use of this property is largely a perceptual one. Typically, the average business property owner assumes that they may have any number of signs. This is especially true in the case of grocery stores, which usually have several signs identifying the business name, the departments within the store and signs advertising sale prices. In this case, it is notable that the applicant is seeking the variance prior to installation of the signs. B. The exceptional condition applicable to the intended development is the lack of consistency between the I --Industrial Zoning District regulations and the regulations for signs in the I --Industrial Zoning District. While building heights are unrestricted in I --Industrial Zoning Districts, signs are limited to a height of 14 feet. In addition, there is a physical circumstance created by these conflicting code provisions because an industrial district property owner could not locate a sign above 14 feet on a building face when the building could exceed 14 feet in height. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. Strict application of the zoning ordinance would only allow one sign on the property. This is an unnecessary hardship when many other businesses in Kodiak (including all grocery stores) have more than one sign. B. Strict application of the zoning ordinance would only allow a maximum sign height of 14 feet. This is a practical difficulty and unnecessary hardship when buildings in the I --Industrial Zoning District have no height restrictions and there are other signs in Kodiak that exceed 14 feet in height located in I --Industrial Zoning Districts (at least 16 signs along the waterfront). 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. A. Granting of the variance will not be detrimental to the public's health, safety or welfare. The sign will not interfere with safe traffic flow along Mill Bay Road. B. Granting of the variance will not be detrimental to the public's health, safety or welfare. The sign will not interfere with the city glide slope ordinance for the municipal airport as it will be mounted flat against the face of the building. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan because signs are customarily used to identify business establishments and comprehensive plans do not generally address minor developments such as signs. P & Z MINUTES K1BS226123 12 DECEMBER 17, 1986 5. B. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan because signs are customarily used to identify business establishments and comprehensive plans do not generally address minor developments such as signs. tions or financial hardship from which relief is b t by the variance. A. In this instance, 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 erection of the sign. B. In this instance, 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 erection of the sign. 6. That the granting of the variance will not permit a urohibited land use in the district involved. A. Signs are permitted in the Industrial Zoning District. B. Signs are permitted in the Industrial Zoning District. H) CASE 86-088. Request for a variance from Section 17.13.050 (Yards) of the Borough Code to permit a public facility (Karluk Public Safety Building) to encroach 50 feet into the required 75 foot front yard setback and encroach 25 feet into the required 50 foot side yard setback in a Conservation Zoning District. Tract C, Karluk Subdivision. (Kodiak Island Borough/Koniag, Inc.) BOB PEDERSON indicated 9 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 KNUDSEN MOVED TO GRANT A request for a variance in accordance with Section 17.13.050 of the Borough Code to permit the Karluk Public Safety Building to encroach 50 feet into the required 75 foot front yard setback and 25 feet into the required 50 foot side yard setback in a C--Conservation Zoning District on Tract C, Karluk Subdivision and to adopt the findings contained in the staff report dated December 4, 1986 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. The unique physical condition applicable to the property and intended use of development is the topography of the lot. The intended use of development is to develop pedestrian access to the facility from Karluk Avenue and vehicular access of Nunaliak Street. Utilizing a 25 foot rather than 75 foot front yard setback of Karluk Avenue will result in a shorter pedestrian ramp with a minimum change in grade (2 feet). Utilizing a 25 foot rather than a 50 foot side yard setback will minimize the length of driveway construction. P & Z MINUTES KIBS226124 13 DECEMBER 17, 1986 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would not allow the structure to be sited as desired. This would result in unnecessary hardships of the need for additional fill and increased construction costs that will jeopardize building the public safety facility within the available budget. r Compliance with setbacks also presents the practical difficulties of a longer driveway and a longer and steeper pedestrian ramp. 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. Allowing the structure to encroach into the front and side yard setbacks will not interfere with safe traffic flow or set a precedent for other properties in the area as others already generally have greater setback encroachments than proposed for the subject property. 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 Karluk Comprehensive Plan because the plan does not address minor aspects of developments such as building setbacks. 5. That actions of the applicant did not cause special r- conditions or financial hardship from which relief is bein sought by the variance. Actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the building. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Public facilities are permitted in the C--Conservation Zoning District. I) CASE 86-089. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit a classroom addition to the Larsen Bay School in a R1--Single-Family Residential Zoning District; and a Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit the Larsen Bay School Addition to encroach 14 feet into the required 24 foot side yard setback in a Rl--Single-Family Residential Zoning District. Block 11, Tract A, Larsen Bay Townsite; U.S. Survey 4872. (Kodiak Island Borough) BOB PEDERSON indicated 35 public hearing notices were mailed for r 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. KIBS226125 COMMISSIONER KNUDSEN MOVED TO GRANT A request for a conditional use permit in accordance with Chapter 17.67 of the Borough Code to permit an addition to the Larsen Bay School to locate in the P & Z MINUTES 14 DECEMBER 17, 1986 R1--Single-Family Residential Zoning District on Block 11, Tract A, U.S. Survey 4872 and to adopt the findings contained in the staff report dated December 4, 1986 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT r-- 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. The addition is located in an area of public land uses (school buildings and the community building). The addition will be a continuation of this land use pattern and consolidate rather than disperse school buildings on the site. Although some minor rearrangement of facilities such as fuel tanks will be required, the addition should compliment the existing building. Parking and playground areas will not be disturbed. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The school addition will comply with all other requirements of the R1--Single-Family Residential Zoning District (provided a setback variance is granted) and will be compatible with the existing public uses of the property. The addition will comply with all setbacks once the proposed land exchange and vacation and replat are accomplished. 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 health, safety, convenience or comfort if requirements of the State Fire Marshall are adhered to. Additionally, the addition is being designed to meet all U.B.C. requirements. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A throueh C of this section. Based on the attached site plan, it appears that sufficient lot area, setbacks or buffers, relative to the scale of the proposed structure and surrounding area, are being provided. 5. The proposed use or structure is located in a manner which will maximize public benefits. The proposed use and structure is located in a manner that should maximize public benefits. The structure will be located on a site that is currently devoted to public land uses and structures. This location will consolidate rather than disperse public facilities throughout the community. In addition, the proposed use of this site is consistent with the adopted 1984 Larsen Bay Comprehensive Plan. COMMISSIONER KNUDSEN MOVED TO GRANT a variance in accordance with Section 17.18.050 of the Borough Code to permit the Larsen Bay School Addition to encroach 14 feet into the required 24 foot side yard setback in a R1--Single-Family Residential Zoning District on Block 11, Tract A, U.S. Survey 4872 and to adopt the findings contained in the staff report dated December 4, 1986 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226126 P & Z MINUTES 15 DECEMBER 17, 1986 FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which eenerally do not aooly to other ArODerties in the same land The exceptional physical conditions applicable to the r intended use of development and the lot are the location of the existing school and the proposed land exchange. An existing structure to some extent will dictate the most practical and cost efficient design for any future additions. On the site in question, those factors indicate that the location of the addition will necessitate a side yard setback variance. However, the need for this variance is only temporary if the proposed land exchange is consummated. The land trade with the adjoining property, in conjunction with a vacation and replat, will mean that the addition will then comply with all setbacks for the lot. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 3. 4 5 Strict application of the zoning ordinance would require the addition to be built in another location on the lot or require that the land exchange and vacation and replat be finalized prior to construction. These actions present practical difficulties in awarding the contract and beginning construction as soon as possible. es or prejudice to trimental to the o s mA e we nor Granting of this variance will not result in material damage or prejudice to other properties in the area. Allowing the addition to encroach into the side yard setback will not interfere with safe traffic flow or access to and from the property. Also, granting of the variance will not set a precedent for other properties in Larsen Bay as others already generally have greater setback encroachments than proposed for the subject property. 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 public land uses. The construction of the addition will not change the existing public use of the lot. 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 not caused the conditions from which relief is being sought by a variance. 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. Schools are only a permitted land use in the R1--Single-Family Residential Zoning District through a conditional use permit process. J) CASE 86-090. Request for the rezoning of Lots 2B through 11B and a Portion of Lot 12 (lying adjacent to Lot 11B), U.S. Survey 3098, and Portions of U.S. Surveys 3467, 3468 and 3469, comprising all properties surrounding and including the Kodiak Municipal Airport that are currently zoned PL--Public Use Lands P & Z MINUTES KIBS226127 16 DECEMBER 17, 1986 (excepting the greenbelt buffer strip; Lot 10, Block 2, Lakeside Subdivision) from PL--Public Use Lands to I --Industrial in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located around and including the Kodiak Municipal Airport and bounded by Mill Bay Road, Von Scheele Way, Lakeside Subdivision, Lots 2A through 11A and a Portion of Lot 12 (adjacent to Lot 11A), U.S. Survey 3098 and Tract A, U.S. Survey 3468. (Kodiak Island Borough) r BOB PEDERSON indicated 84 public hearing notices were mailed for !I this case and 3 were returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: ROLAN RUOSS, representing the Pilot's Association, appeared before the Commission and requested that the airstrip remain zoned Public Use Lands. (Lots 2B through 12B, U.S. Survey 3099 and a Portion of U.S. Surveys 3467 and 3469.) A discussion ensued amongst the Commissioners, Community Development Department staff and Mr. Ruoss. HUGH WISNER appeared before the Commission and expressed opposition to this request until safeguards for the runway are established. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community r Development Department staff. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Portions of Unsubdivided U.S. Surveys 3467, 3468 and 3469 (as detailed on the attached metes and bounds legal description, as revised to delete the airstrip) from PL--Public Use Lands to I --Industrial in accordance with Chapter 17.72 of the Borough Code 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 1. Findings as to the Need and Justification for a Change or Amendment_ The proposed zoning change from PL--Public Use Lands to I --Industrial is needed to bring the existing airport and related land uses into conformance with the Kodiak Island Borough Zoning Ordinance. The rezone to industrial is justified because the I --Industrial Zoning District permits land uses that should be compatible with existing and potential land uses on surrounding properties zoned I --Industrial, PL--Public Use Lands and B--Business, and not be detrimental to safe and continued use of the City of r Kodiak Municipal Airport. This is not the case with the `I PL--Public Use Lands Zoning District, which has as one of its intents "To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and to encourage the discontinuance of existing uses that are not permitted under this chapter." Airports are only conditional uses in the PL--Public Use Lands Zoning District while most of the uses associated with airports are permitted in the I --Industrial Zoning District. KIBS226128 P & Z MINUTES 17 DECEMBER 17, 1986 2. Findings as to the Effect a Change or Amendment would have on ive Flan The proposed I --Industrial Zoning District is consistent with the Light Industrial designation for this area in the Comprehensive Plan. K) CASE 86-092. Request for review by the Planning and Zoning ti Commission, in accordance with Section 18.20.030 of the Borough Code, of the disposal by lease of 200 acres of Borough -owned land in the Salonie Creek drainage to a nonprofit organization for grazing and construction of an animal shelter. Portion of U.S. Survey 2539. (Society for the Prevention of Cruelty to Animals/Kodiak Island Borough) BOB PEDERSON indicated 11 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. The Resource Management Officer recommended tabling this request until the January regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO TABLE Resolution 86-06-R recommending the Borough Assembly lease Borough -owned land not to exceed two hundred (200) acres in the Salonie Creek drainage to the Society for the Prevention of Cruelty to Animals, a nonprofit organization, for grazing and construction of an animal shelter until the January 21, 1987, regular meeting for another public hearing. Portion of U.S. Survey 2539. The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 10:50 p.m. L) CASE 86-093. Request for review by the Planning and Zoning Commission, in accordance with Section 18.80.020 of the Borough Code, of a proposed exchange of Borough -owned land (Portion of Block 11, Tract A, Larsen Bay Townsite) for land owned by the City of Larsen Bay (Portion of Lot 5, Block 12, Tract A, Larsen Bay Townsite) in order to construct the Larsen Bay School Addition. (Kodiak Island Borough/City of Larsen Bay) BOB PEDERSON indicated 37 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. r' Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO ADOPT Resolution 86-07-R recommending the Kodiak Island Borough Assembly exchange Borough -owned land (Portion of Block 11, Tract A, Larsen Bay Townsite) for land owned by the City of Larsen Bay (Portion of Lot 5, Block 12, Tract A, Larsen Bay Townsite) in order to construct the Larsen Bay School Addition. The motion was seconded and CARRIED by unanimous roll call vote. The Commission decided to work on Findings of Fact for Case 86-081 while awaiting the arrival of the Borough Engineer. KIBS226129 P & Z MINUTES 18 DECEMBER 17, 1986 COMMISSIONER KNUDSEN MOVED TO ADOPT THE FOLLOWING 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 endanger the public's health, safety or general welfare because commercial land uses (e.g., outdoor storage) have the potential to detract from the use of the land and adjoining properties for residential purposes. This is evidenced by the complaints already received regarding outdoor storage on this property and public testimony against the storage. B. The proposed use will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2--Two-Family Residential Zoning District. Section 17.03.080 specifies that uses not listed as a permitted uses are prohibited. Outdoor storage is not listed as a permitted use in the R2 Zoning District. Moreover, the description and intent of the R2 Zoning District (Section 17.19.010) specifies that the intentions of this district are to encourage the construction of single and two-family dwellings, to prohibit commercial and industrial land uses which wodld interfere with the development or continuation of single and two-family dwellings in the district, and to encourage the discontinuance of existing uses that are not permitted under the provision of this chapter. The applicant's exception request is not consistent with this description and intent of the R2 Zoning District. The use is commercial and one r— appropriate option is an investigation into a rezone of the site to a classification that permits the land uses desired by the applicant. C. The proposed use could potentially have adverse impacts on other properties in the area. In addition to the potential land use conflicts between commercial and residential uses (e.g., noise, traffic, hours of operation, etc.) granting this exception will set a precedent for changing the expected use and lifestyle (i.e., medium density, one and two family residential) of the R2 Zoning District. This is especially true given the existence of the topsoil screening operation. This exception, if approved, will be the second commercial use of this land. This can give the impression that the intended future use of this tract is commercial rather than residential. If this is the case, the rezoning of this property should be investigated at some point. D. The applicant has failed to prove that this residential lot warrants an exception to the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNIGHT MOVED TO EXTEND THE MEETING BEYOND THE 11:00 P.M. CURFEW. The motion was seconded and CARRIED by unanimous voice vote. M) CASE 5-86-032. Preliminary vacation of Lots 16, 18B-1 and 19A, Block 7, Bells Flats Alaska Subdivision and replat to Lots 16A, 18B-1A and 19A-1, Block 7, Bells Flats Alaska Subdivision. (Ken Manolovitz) DAVE CROWE indicated 70 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: KIBS22600 BEN HANCOCK, representing adjoining property owners, appeared before the Commission and requested an access easement or right-of-way be placed on the plat. P & Z MINUTES 19 DECEMBER 17, 1986 r-- DALE RICE appeared before the Commission and expressed support for Mr. Hancock's request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, Community Development Department staff, Engineering Department staff and Mr. Hancock. COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL of CASE S-86-032: Preliminary vacation of Lots 16, 18B-1 and 19A, Block 7, Bells Flats Alaska Subdivision and replat to Lots 16A, 18B-1A and 19A-1, Block 7, Bells Flats Alaska Subdivision subject to the conditions in the memorandum from the Borough Engineer dated December 91 1986. The motion was seconded. COMMISSIONER KNIGHT MOVED TO AMEND THE MAIN MOTION by adding a 50 Toot access easement along the existing driveway. The amendment was seconded and CARRIED by majority roll call vote. Commissioners Heinrichs and Rennell voted "no." The question was called and the MAIN MOTION AS AMENDED FAILED by majority roll call vote. Commissioners Smedley, Heinrichs and Rennell voted "no." COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL of CASE S-86-032: Preliminary vacation of Lots 16, 18B-1 and 19A, Block 7, Bells Flats Alaska Subdivision and replat to Lots 16A, 18B-1A and 19A-1, Block 7, Bells Flats Alaska Subdivision subject to the conditions in the memorandum from the Borough Engineer dated December 91 1986. The motion was seconded and CARRIED by majority roll call vote. Commissioner Smedley voted "no." CONDITIONS OF APPROVAL: 1. That a note be placed on the final plat stating: "Natural streams and drainage courses shall not be blocked or impeded." 2. Filing of this plat shall be subject to the prior filing of the plat for the subdivision of Lot 18B, Block 7, Bells Flats Alaska Subdivision. 3. Show existing easements on the final plat. 4. Show the existing building setback line for Lot 19A on the final plat. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT OF THE ITEMS OF COMMUNICATION AND REPORTS. The motion was seconded and CARRIED by unanimous voice vote. A) An article entitled "Where do you find the findings?" by R. Marlin Smith. B) Alaska Maritime National Wildlife Refuge Plan -It for Alternatives Development News - October 1986 X. REPORTS KIBS226131 A) Status Report from the Community Development Department. P & Z MINUTES 20 DECEMBER 17, 1986 XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER SMEDLEY requested that Communications Item A, an article entitled "Where do you find the findings?" by R. Marlin Smith be added r to the January 7, 1987 worksession agenda. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 12:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By:ilit..1/.' S'tev J ennell, aCh ATTEST By: Patricia Mi Secretary Community De lopment Department DATE APPROVED: J 1)2! a I 198� A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226132 P & Z MINUTES 21 DECEMBER 17, 1986 KODIAK ISLAND BOROUGH RESOLUTION NO. 86-07-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE EXCHANGE OF BOROUGH PROPERTY TO ACQUIRE LAND FOR THE LARSEN BAY SCHOOL ADDITION. WHEREAS, the Borough has entered into negotiations to acquire lands adjacent to the Larsen Bay School for construction of a proposed classroom expansion, ands. WHEREAS, the Borough is offering publically own land in Larsen Bay in exchange for said parcel; and WHEREAS, the exchange of real property is in the public's best interest as the land to be acquired is critical for public facility expansion; and WHEREAS, a method for determining values of the properties to be exchanged has been provided by the Borough Assessor; and WHEREAS, evidence of marketable titles of the parcels exist in the property records of the Borough Assessors Office; and WHEREAS, the recommended terms and conditions of the exchange are based on a parcel for parcel transfer; and WHEREAS, the Kodiak Island Borough will be responsible for administrative costs and costs associated with surveying, platting and recording; and WHEREAS, alternatives considered in reviewing school expansion sites were limited due to topography and associated costs. NOW, THEREFORE, BE IT RESOLVED,, that the Kodiak Island Borough Planning and Zoning Commission recommends approval of an exchange of Borough owned land for the acquisition of land for school expansion in Larsen Bay. PASSED AND APPROVED this /';m day of tktonlxi2. 1986. ATTEST: Community De a opment Director II KODIAK ISLAND BOROUGH PLANNING S ZONING COMMISSION BY Planning? and Commission Chairman KIBS226133