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1985-03-20 Regular Meetingr- DRAFT DRAFT KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 20, 1985 7:30 p.m. Ei�l\�i�: II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of February 20, 1985 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS A) CASE 85-006. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit the selling of candy making, needlecraft, and stencil supplies and the teaching of classes as a home occupation in an R1--Single-family Residential District. Lot 4A, Block 2, Leite Addition; 1516 Ismailov Street. (Patricia K. Winn) B) CASE 85-007. Request for the rezoning of Lot 4, Block 3, Port Lions Subdivision in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code from R1--Single-Family Residential to r PL--Public Lands. (City of Port Lions) C) CASE 85-008. Request for a conditional use permit in accordance with Section 17.17.030 (Conditional Uses) of the Borough Code to permit a fireworks stand on a RR-1--Rural-Residential One lot. Lot 3B, Block 1, Miller Point Alaska Subdivision; 4775 Rezanof Drive. (Joel Hayes) D) CASE 85-009. Request for a variance from Section 17.17.050(C)(Rear Yards) of the Borough Code to permit the construction of a single-family residence that encroaches 20 feet into the required 40 foot rear yard setback. Lot 4, Block 3, Monashka Bay Alaska Subdivision; 1483 Sawmill Circle. (Roger B. Smith) E) CASE 85-010. Request for a variance from Section 17.34.030(B)(Lot Width) of the Borough Code to permit the construction of a zero -lot -line dwelling on a R-2--Two-Family Residential lot that exceeds the three -to -one lot depth to lot width ratio. Lot 5, Block 6, Baranof Heights Subdivision; 1116 Madsen Avenue. (Brian Young) F) CASE 85-005. Monashka Bay Comprehensive Plan. (Monashka Bay Planning Group/Community Development Department) G) CASE S-85-004. Preliminary subdivision of Lot 6, Brookers Lagoon r" Subdivision, U.S. Survey 5701, Kalsin Bay; to Lots 6A through 6G. (Omar Stratman) H) CASE S-85-005. Preliminary Subdivision of Parcel No. 1, Kodiak Low Rent Housing, Alaska State Housing Authority, U.S. Survey 2538AB to Parcels No. 1A and 1B, and Hillside Drive Right -of -Way, Kodiak Low Rent Housing, Alaska State Housing Authority, U.S. Survey 2538AB. (City of Kodiak) I) CASE S-85-007. Preliminary Subdivision of Lot 1B, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 to Lots 1B-1 and 1B-2. (Carl Erickson) KIBS225636 P & Z Regular Meeting Agenda - 1 - March 20, 1985 J) CASE S-85-008. Preliminary Subdivision of Lot 8C, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 to Lots 8C-1 and 8C-2. (Craig H. Johnson) VII OLD BUSINESS A) CASE 85-004. Findings of fact for the approval of a request for an exceptioi from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a hotel in an I -Industrial District legally described as City Tidelands Tract H-18. (The Kazim Company/Dischner-Mathisen Partnership) B) CASE S-85-006. Final Subdivision of Tracts B-2 and B-3, Woodland Acres Subdivision Third Addition, U.S. Survey 1682 to Woodland Acres Subdivision Sixth Addition, Lots 9-13, Block 4; Lots 1-9, Block 5; and Raven Circle. (John F. Rauwolf) VIII NEW BUSINESS IX COMMUNICATIONS X REPORTS A) February Status Report -- Community Development Department XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT The public is invited to attend the packet review work session for these agenda items to be held on in the Kodiak Island Borough Conference Room at 7:30 p.m., March 13, 1985. PUBLISH: DISPLAY AD it Kodiak Daily Mirror Kadiak Times �i 11 KIBS225637 P & Z Regular Meeting Agenda M'AE March 20, 1985 r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 20, 1985 I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. by Chairman Gregg on 1985 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Steve Rennell Tim Hill Dan James Marlin Knight Commissioners Absent: Mike Anderson, Excused Fred Patterson, Excused III APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Bud Cassidy, Assistant Planner/ Zoning Officer, Community Development Department Dave Crowe, Borough Engineer Engineering Department Patricia Miley, Secretary Community Development Department COMMISSIONER HILL MOVED TO APPROVE THE AGENDA. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER HILL MOVED TO ACCEPT the minutes of the Planning and Zoning Commission Regular Meeting of February 20, 1985. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS A) CASE 85-006. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit the selling of candy making, needlecraft, and stencil supplies and the teaching of classes as a home occupation in an R1--Single-Family Residential District. Lot 4A, Block 2, Leite Addition, 1516 Ismailov Street. (Patricia K. Winn) LINDA FREED indicated that 44 public hearing notices were mailed for this case and 1 was returned voicing no objection to the request. Regular Session Closed. Public Hearing Opened: Seeing None. Public Hearing Closed. Regular Session Opened: KIBS225638 COMMISSIONER JAMES indicated that there seemed to be ample parking on the lot and that the road was capable of sustaining additional traffic. COMMISSIONER RENNELL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.18.030 (Conditional Uses) of the P & Z Regular Meeting -I- March 20, 1985 Borough Code to permit the selling of candy making, needlecraft, and stencil supplies and the teaching of classes as a home occupation in an R1--Single-Family Residential District. Lot 4A, Block 2, Leite Addition; 1516 Ismailov Street. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 85-007. Request for the rezoning of Lot 4, Block 3, Port Lions Subdivision in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code from R1--Single-Family Residential to PL--Public Lands. (City of Port Lions) LINDA FREED indicated 32 public hearing notices were mailed for this case and none were returned, although the City of Port Lions supports this rezoning. Regular Session Closed. Public Hearing Opened: Seeing None. Public Hearing Closed. Regular Session Opened: RECOMMEND THE BOROUGH ASSEMBLY Subdivision from R-1--Single-Family Residential to PL--Public Lands. The motion was seconded and CARRIED by unanimous roll call vote. C) CASE 85-008. Request for a conditional use permit in accordance with Section 17.17.030 (Conditional Uses) of the Borough Code to permit a fireworks stand on an RR-1--Rural-Residential One lot. Lot 3B, Block 1, Miller Point Alaska Subdivision; 4775 Rezanof Drive. (Joel Hayes) LINDA FREED indicated 30 public hearing notices were mailed for this case and 1 was returned voicing no objection to the request. Regular Session Closed. Public Hearing Opened: Seeing None. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.17.030 (Conditional Uses) of the Borough Code to permit a fireworks stand on an RR-1--Rural-Residential One lot with the following three conditions: 1. that the structure discontinue the selling of fireworks by July 7, 1985; 2. that this permit is good for one year only; and 3. that those conditions addressed by the Borough in a letter to perspective stand operators dated April 12, 1984, be adhered to. Lot 3B, Block 1, Miller Point Alaska Subdivision. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell cast the dissenting vote. D) CASE 85-009. Request for a variance from Section 17.17.050(C) (Rear Yards) of the Borough Code to permit the construction of a single-family residence that encroaches 20 feet into the required 40 foot rear yard setback. Lot 4, Block 3, Monashka Bay Alaska Subdivision; 1483 Sawmill Circle. (Roger B. Smith) LINDA FREED indicated 49 public hearing notices were mailed for this case and 2 were returned voicing no objection to the request. Regular Session Closed. KIBS225639 P & Z Regular Meeting -2- March 20, 1985 Public Hearing Opened: ROGER SMITH appeared before the Commission and spoke in favor of the request. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section 17.17.050(C) (Rear Yards) of the Borough Code to permit the construction of a single-family residence that encroaches 20 feet into the required 40 foot rear yard setback. Lot 4, BLock 3, r_ Monashka Bay Alaska Subdivision; 1483 Sawmill Circle. The motion was seconded and CARRIED by unanimous roll call vote. E) CASE 85-010. Request for a variance from Section 17.34.030(B) (Lot Width) of the Borough Code to permit the construction of a zero -lot -line dwelling on an R-2--Two-Family Residential lot that exceed the three -to -one lot depth to lot width ratio. Lot 5, Block 6, Baranof Heights Subdivision; 1116 Madsen Avenue. (Brian Young) LINDA FREED indicated 37 public hearing notices were mailed for this case and 5 were returned. Those returned were concerned about the possible height of the structure and the need for off-street parking. COMMISSIONER KNIGHT inquired if the subdivision would appear before the Commission after the variance is granted. LINDA FREED indicated that was correct. Regular Session Closed. Public Hearing Opened: EDWARD NELSON appeared before the Commission and voiced non -objection to this variance request. r BRIAN YOUNG appeared before the Commission and spoke in favor of granting this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.34.030(B) (Lot Width) of the Borough Code to permit the construction of a zero -lot -line dwelling on an R-2--Two-Family Residential lot that exceed the three -to -one lot depth to lot width ratio. Lot 5, Block 6, Baranof Heights Subdivision; 1116 Madsen Avenue. The motion was seconded and CARRIED by unanimous roll call vote. F) CASE 85-005. Monashka Bay Comprehensive Plan. (Monashka Bay Planning Group/Community Development Department) LINDA FREED indicated public hearing notices were mailed to every property owner and agency with property in the planning area. The Monashka Bay Comprehensive Plan has been substantially revised and the Community Development Department believes that it is now ready to be presented to the Borough Assembly and recommends that the Commission approve it. LINDA FREED then reviewed the document revisions and the memorandum from Borough r Manager Jerome Selby dated March 20, 1985. ELAYNE HUNTER-RENNELL appeared before the Commission and gave a presentation which included slides. Ms. Rennell recommended the Commission approve the Monashka Bay Comprehensive Plan. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and expressed his concerns and objections to the Monashka Bay Comprehensive Plan in its present form. KIBS225640 P & Z Regular Meeting -3- March 20, 1985 r __ CATHY CORDRY appeared before the Commission and expressed her support for the Monashka Bay Comprehensive Plan. ROB MISSAL appeared before the Commission and expressed his support for the Monashka Bay Comprehensive Plan. A public hearing notice supporting the Monashka Bay Plan received from John Pfeifer immediately prior to the meeting was entered into the public record. Public Hearing Closed. Regular Session Opened: A discussion amongst the Commissioners and Community Development Department staff ensued. COMMISSIONER HILL MOVED TO TABLE the Monashka Bay Comprehensive Plan until the April 20, 1985 Regular Meeting of the Planning and Zoning Commission for an additional public hearing. The motion was seconded and CARRIED by majority vote. Commissioners Knight and Rennell cast the dissenting votes. The Commission directed the Community Development Department to prepare and mail public hearing notices to the property owners and agencies affected by the Monashka Bay Comprehensive Plan. COMMISSIONER GREGG recessed the regular meeting at 8:35 p.m. COMMISSIONER GREGG reopened the regular meeting at 8:45 p.m. G) CASE S-85-004. Preliminary subdivision of Lot 6, Brookers Lagoon Subdivision, U.S. Survey 5701, Kalsin Bay; to Lots 6A through 6G. (Omar Stratman) DAVID CROWE indicated 22 public hearing notices were mailed for this case and 1 was returned. Regular Session Closed. Public Hearing Opened: OMAR STRATMAN appeared before the Commission and spoke in favor of the granting of the subdivision. Public Hearing Closed. Regular Session Opened: COMMISSIONER RENNELL MOVED TO GRANT A PRELIMINARY SUBDIVISION of Lot 6, Brookers Lagoon Subdivision, U.S. Survey 5701, Kalsin Bay to Lots 6A through 6G with the following conditions: 1. that the applicant obtain the required approval from the Alaska Department of Environmental Conservation; 2. that the spelling of the word Isthmus be corrected on the Vicinity Map and the road name; 3. that the applicant submit roadway construction plans and specifications to the Borough Engineer for review and approval prior to or with submittal of the final plat; and 4. that a five-foot (5') wide electrical utility easement be shown along both sides of Isthmus Drive. The motion was seconded and CARRIED by unanimous roll call vote. H) CASE S-85-005. Preliminary Subdivision of Parcel No. 1, Kodiak Low Rent Housing, Alaska State Housing Authority, U.S. Survey 2538AB to Parcels No. 1A and 1B, and Hillside Drive Right -of -Way, Kodiak Low Rent Housing, Alaska State Housing Authority, U.S. Survey 2538AB. (City of Kodiak) DAVID CROWE indicated 80 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing none. BS225641 P & Z Regular Meeting -4- March 20, 1985 Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT FINAL SUBDIVISION of Parcel No. 1, Kodiak Low Rent Housing, Alaska State Housing Authority, U.S. Survey 2538AB to Parcels No. 1A and 1B, and Hillside Drive Right -of -Way, Kodiak Low Rent Housing, Alaska State Housing Authority, U.S. Survey 2538AB with the following conditions: 1. that Mountain View Drive be changed to Hillside Drive; and 2. that the name of the street between Block 1 and Block 2 be changed to Gerasim Avenue, as currently signed by the City, i on the Vicinity Map and plat. The motion was seconded and CARRIED by unanimous roll call vote. I) CASE S-85-007. Preliminary Subdivision of Lot 1B, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 to Lots 1B-1 and 1B-2. (Carl Erickson) DAVID CROWE indicated 26 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission, expressed non -objection to the flag shaped lot and recommended the Commission approve this request as platted. TED ROGERS appeared before the Commission and expressed his support of this request. Public Hearing Closed. Regular Session Opened: A discussion amongst the Commissioners ensued. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of the subdivision of Lot 1B, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 to Lots 1B-1 and 1B-2 with the following conditions: 1. That the applicant provide water and sewer service to Lot 1B-2 prior to recording (filing) of the final plat, in accordance with Kodiak Island Borough Code Section 16.24.020(A)(3) and (4); 2. that a note be placed on the plat requiring the developer of Lot 1B-2 to submit plans for protecting existing natural drainage before beginning improvements on the lot; 3. that a note be placed on the plat stating that no further subdivision of Lot 1B-2 will be allowed; and 4. that the front yard building setback line for Lot 1B-2 be measured from the rear lot line of Lot 1B-1 as shown on the preliminary subdivision map presented to the Commission. The motion was seconded and CARRIED by majority vote. Commissioners Knight and Rennell cast the dissenting votes. J) CASE S-85-008. Preliminary Subdivision of Lot 8C, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 to Lots 8C-1 and 8C-2. (Craig H. Johnson) DAVID CROWE indicated 14 public hearing notices were mailed for this case and indicated that a letter was received this afternoon from Ian and Judy Fulp which Mr. Crowe read into the record. Regular Session Closed. Public Hearing Opened: GREGG SPALINGER appeared before the Commission and voiced objection to this request. Public Hearing Closed. Regular Session Opened: KIBS225642 P & Z Regular Meeting -5- March 20, 1985 A discussion amongst the Commissioners, the Engineering staff and the Community Development Department staff ensued. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of the subdivision of Lot 8C, Block 1, Shahafka Acres Subdivision, U.S. Survey 3218 to Lots 8C-1 and 8C-2. The motion was seconded and FAILED by unanimous roll call vote. A discussion ensued amongst the Commissioners. The Commission requested that the Engineering Department prepare findings of fact for this case and to present these findings of fact to the Commission at the April 17, 1985 Regular Meeting. VII OLD BUSINESS A) CASE 85-004. Findings of fact for the approval of a request for and an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a hotel in an I --Industrial District legally described as City Tidelands Tract N-18. (The Kazim Company/Dischner-Mathisen Partnership). COMMISSIONER JAMES MOVED TO APPROVE THE FINDINGS OF FACT for the approval of a request for and an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a hotel in an I --Industrial District legally described as City Tidelands Tract H-18 as follows: 1. The Kodiak Island Borough Planning and Zoning Commission has determined that this request meets the following requirements for granting an exception according to Section 17.65.050(A) of the Borough Code. A. The request as approved will not endanger the public's health, safety, and general welfare. This is exemplified by the lack of public testimony opposing the request during the public hearing. B. The request as approved is not inconsistent with the purposes and intent of this (zoning) title. i. The proposed use of the site for a hotel and restaurant is consistent with the adopted comprehensive plan that designates this lot for expansion of the City of Kodiak's central business district. C. The request as approved will not adversely impact other properties or uses in the neighborhood. i. There are mitigating measures such as buffering, screening, and positioning of the structure on the lot that will lessen potential conflicts between the existing industrial uses in the area and the proposed development. It is in fact these industrial uses (boat harbor, gear storage and repair, processing plants, and channel activity) that make this site attractive for the tourist industry. ii. There currently exists a restaurant and office r,— space adjacent to an operating fish processing plant without apparent conflict. iii. The applicants stated that an agreement would be signed with the adjacent property owner (Alaska Fresh Seafoods, Inc.) stating that no complaints would be made about the industrial operation in regards to noise and smell on the adjacent lot. 2. Presently, there is a weak demand for industrial -zoned land because of the economic downturn of the fishing industry. There also exists underutilized industrial -zoned waterfront property. This use will not compete economically with the existing industrial uses in the area. KIBS225643 P & Z Regular Meeting -6- March 20, 1985 3. The proposed development provides an opportunity to expand and diversify the local economic base. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE S-85-006. Final Subdivision of Tracts B-2 and B-3, Woodland Acres Subdivision Third Addition, U.S. Survey 1682 to Woodland Acres Subdivision Sixth Addition, Lots 9-13, Block 4; Lots 1-9, Block 5; and Raven Circle. (John F. Rauwolf) A discussion ensued amongst the Commissioners and the Engineering Department staff. COMMISSIONER HILL MOVED TO GRANT FINAL SUBDIVISION of Tracts B-2 and B-3, Woodland Acres Subdivision Third Addition, U.S. Survey 1682 to Woodland Acres Subdivision Sixth Addition, Lots 9-13, Block 4; Lots 1-9, Block 5; and Raven Circle, with the following conditions: 1. that the applicant submit roadway and utility improvement plans and specifications for review and approval by the Borough Engineer and the Alaska Department of Environmental Conservation; and 2. that a note be placed on the plat limiting access to Lots 1 through 4, Block 5, either to Patrick Court or Puffin Drive. The motion was seconded and CARRIED by unanimous roll call vote. VIII NEW BUSINESS LINDA FREED indicated there had been a request to investigate the rezoning of Miller Point Alaska Subdivision 1st Addition. COMMISSIONER JAMES MOVED THAT AN INVESTIGATION OF THE REZONING of Miller Point Alaska Subdivision 1st Addition be undertaken by the Community Development Department staff and presented to the Commission r at their Regular Meeting on May 15, 1985. The motion was seconded and CARRIED by unanimous roll call vote. IX COMMUNICATIONS X REPORTS A) The February Status Report from the Community Development Department. B) LINDA FREED announced that Bud Cassidy has been hired as the new Resource Management Officer, beginning April 1, 1985. C) LINDA FREED indicated the City Council with a 3 to 2 vote did not uphold the appellant in the Hill Appeal of the Planning and Zoning case variance for Perrozzi. At the same time the City Council did affirm the Commission's decision but did not uphold the Commission's reasons for granting the variance, by a vote of 3 to 2. XI AUDIENCE COMMENTS There were no audience comments. r--- XII COMMISSIONERS' COMMENTS KIBS225644 P & Z Regular Meeting -7- March 20, 1985 XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 9:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: uww -�•^ K n Gregg, Chairny ATTEST BY: Patricia Miley, Planning Secretary DATE APPROVED: q- 1%- Syr A VERBATIM RECORD IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225645 P & Z Regular Meeting -8- March 20, 1985