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1987-01-21 Regular Meetingrm- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 21, 1987 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL A) ELECTION OF OFFICERS III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS Regular Meeting of December 17, 1986 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 86-002. Request for a one year extension for a previously approved exception that permitted an existing nonconforming land use (a business and a single-family residence) to be converted to a two-family dwelling unit (duplex) in a B--Business Zoning District. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) VI PUBLIC HEARINGS A) CASE 86-092. Request for review by the Planning and Zoning 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) Tabled at the December 1986 Meeting. B) CASE 87-001. Request for an amendment to Title 17 (Zoning) of the Borough Code to adopt provisions for takeoff zones, app oach surfaces, clear zones and parking zones for the Kodiak Municipal Airport. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) C) CASE S-86-034. An appeal of the Borough Engineer's decision in accordance with Chapter 16.95 (Appeals to the Commission) of the Borough Code of a decision requiring as a condition of final approval that the Rezanof Drive West right-of-way easement be shown as a dedicated public right-of-way on the final plat for Leisnoi Land Survey Number 1. The appellant is seeking relief in the form of showing the right-of-way as an easement only and not as a dedicated public right-of-way on the final plat. Leisnoi Land Survey No. 1; approximately Mile 27 of Rezanof Drive West (Chiniak Highway). (Leisnoi, Inc.) A copy of the appeal record is available for inspection at the Kodiak Island Borough Community Development Department (Room 204). D) CASE S-86-035. Subdivision of Tract D of Tract A, Bells Flats Alaska Subdivision to Tracts D-1, D-2 and D-3. (Royal V. Large) VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS KIBS226136 A) Letter from Robert H. Pederson to Henry Friedman, ADEC, dated December 30, 1986, regarding Brechan, Inc.'s Solid Waste Management Permit application and the Planning and Zoning Commission's action on Brechan, Inc.'s request for a conditional use permit. P & Z Regular Meeting Agenda - 1 - January 21, 1987 B) Administrative Interpretation and Definition of decks, stairways and parking decks located within front yards and docks in water bodies. C) Letter from Gordon Gould to Wanda Fields dated December 30, 1986, regarding the relocation of play and storage areas at Glass Beach Mobile Home Park. D) Letter and materials from David M. Dall, Assistant Regional Coordinator, National Wetlands Inventory, U.S. Fish and Wildlife Service to the Planning and Zoning Commission dated December 19, 1986 regarding a workshop to be held in Kodiak on February 10, 11 and 12, 1987. X REPORTS A) Community Development Department Monthly Status Report - December 1986. XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT The public is invited to attend the packet review worksession for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. ll �I 4F Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226137 P & Z Regular Meeting Agenda - 2 - January 21, 1987 ITEM III KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 21, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS ?-- X REPORTS B) Staff report on Tract D-1, U.S. Survey 3218 KIBS226138 Agenda Additions - 1 - January 21, 1987 P&Z KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 21, 1987 CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. by Chairman Steve Rennell on January 21, 1987 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Mary Lou Knudsen D.L. Smedley Scott Thompson Commissioners Absent: Tom Hendel, Excused A quorum was established. A) ELECTION OF OFFICERS Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner, Community Development Department Dave Crowe, Borough Engineer Patricia Miley, Secretary, Community Development Department COMMISSIONER ANDERSON MOVED TO NOMINATE Steve Rennell as Chairman of the Planning and Zoning Commission for 1987. The motion was seconded. COMMISSIONER KNUDSEN MOVED TO CLOSE NOMINATIONS for Chairman. The motion was seconded. COMMISSIONER ANDERSON MOVED TO NOMINATE Robin Heinrichs as Vice Chairman of the Planning and Zoning Commission for 1987. The motion was seconded. COMMISSIONER ANDERSON MOVED TO CLOSE NOMINATIONS for Vice Chairman. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO ACCEPT THE NOMINATIONS BY ACCLAMATION. The motion was seconded and CARRIED by unanimous voice vote. APPROVAL OF AGENDA Staff reported the following addition to the agenda: X REPORTS B) Staff report on Tract D-1, U.S. Survey 3218 and noted the inclusion of a revised memorandum regarding Communications Item IX-B: Administrative Interpretation and Definition of decks, stairways and parking decks located within front yards and docks in water bodies. COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the addition reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS22609 P & Z MINUTES 1 JANUARY 21, 1987 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS noted that on page 5, "Thomas Thompson" ought to be spelled "Thomson." COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the December 17, 1986 Planning and Zoning Commission regular meeting with the noted correction. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 86-002. Request for a one year extension for a previously approved exception that permitted an existing nonconforming land use (a business and a single-family residence) to be converted to a two-family dwelling unit (duplex) in a B--Business Zoning District. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) COMMISSIONER HEINRICHS stated that he was related to the tenants of the applicants in this case and requested the Commission determine if this was a conflict of interest. The Commissioners unanimously decided that no conflict existed. COMMISSIONER ANDERSON MOVED TO GRANT a request for a one year extension for a previously approved exception (Case 86-002) to permit an existing nonconforming land use (a business and single-family residence) to be converted to a two-family dwelling unit (duplex) in a B--Business District on Lot 12, Block 1, Allman Addition, and to reaffirm the findings of fact adopted on January 15, 1986. The motion was seconded and CARRIED by unanimous voice 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. A. The granting of the exception should not be detrimental to the public's health, safety or general welfare. The existing structure was originally constructed as a residential dwelling and moved to this site in 1982. The lot adjacent to the west (Lot 11) contains a single-family residence and also appears to have a business use that could be defined as a home occupation. The lot adjacent to the east (Lot 13) contains a business (AAA Realty) that is housed in a residential structure (Panabode). The maximum potential traffic and parking impacts are much less for a duplex than for uses currently located in the structure. B. The proposed use will be consistent with the general purposes and intent of Title 17 because of the physical r-- characteristics of the lot. Although zoned business, the lot contains only 2,672 square feet, 41% of which is covered with the existing structure. The remaining area could provide, at most, five (5) off-street parking spaces. Five (5) spaces would be adequate for a duplex but is not sufficient for a business use. The existing use currently experiences a parking shortage. This problem will be reduced through a conversion to a duplex. Lastly, the exception request will be consistent with the medium density residential Comprehensive Plan designation for this site. C. The proposed use will not adversely impact other properties or uses in the neighborhood because P & Z MINUTES KIBS226140 2 JANUARY 21, 1987 potential traffic and parking problems will be reduced by conversion of the structure and land use to a duplex. There were no further appearance requests nor audience comments. VI. PUBLIC HEARINGS r— A) CASE 86-092. Request for review by the Planning and Zoning 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 12 public hearing notices were mailed for this case in November and two responses were received expressing non -objection. Twelve public hearing notices were also mailed in December and no responses were received. Staff recommended approval of this request. LINDA FREED reported that a member of the Womens Bay Community Council had stopped by her office to inform her that some Council members had concerns with this request, though no formal meeting of the Council had occurred to take additional action on the request. A discussion ensued amongst the Commissioners and Community Development Department staff. Regular Session Closed. Public Hearing Opened: ROYAL LARGE appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners. COMMISSIONER KNUDSEN MOVED TO ADOPT 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 subject to the conditions of approval numbered 1, 3, 4, 5, 6, 7 outlined in the staff report dated January 7, 1987, and to add condition number 8 stating: "Gates. Gates shall be provided for public access at traditional locations for ingress and egress for recreational purposes. The location of the gates shall be determined by the Resource Manager." Portion of U.S. Survey 2539. The motion was seconded. i A discussion ensued amongst the Commissioners and Community Development Department staff. The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Fencing. The lease shall commence at the time fencing is constructed. 2. Deleted. 3. Review by Staff. Semi-annual review of the effort of the SPCA shall be filed with the Commission. P & Z MINUTES KIBS226141 3 JANUARY 21, 1987 4. Reports. SPCA meeting minutes to include a treasurer's report are to be filed with the Resource Manager. 5. Number of Grazing animals Allowable. The number of horses or cows allowed on the lease at one time is 16 unless supplemental feeding is taking place. 6. Surveying. Lease boundary survey shall be provided by the ►— lessee. 7. Environmental Concerns. Grazing shall not occur within 50 feet of Salonie Creek or any major tributances as identified by the Resource Manager. 8. Gates. Gates shall be provided for public access at traditional locations for ingress and egress for recreational purposes. The location of the gates shall be determined by the Resource Manager. B) CASE 87-001. Request for an amendment to Title 17 (Zoning) of the Borough Code to adopt provisions for takeoff zones, approach surfaces, clear zones and parking zones for the Kodiak Municipal Airport. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) BOB PEDERSON indicated 236 public hearing notices were mailed for this case and 4 were returned, 1 in favor and 1 opposing this request. The other two notices expressed interest in the outcome of this request. Staff recommended this request be tabled for additional work and an additional public hearing. LINDA FREED reported that the City Manager had inquired how the proposed ordinance would impact the City. Regular Session Closed. Public Hearing Opened: KNOX CHRISTIE, local pilot and Lilly Lake property owner, appeared before the Commission and expressed support for this request. JIM ASHFORD, property owner, appeared before the Commission and expressed opposition to the parking zone (along Lilly Lake) aspect of this request. A discussion ensued amongst the Commissioners and Mr. Ashford. WILTON WHITE, member of the Pilots Association and a Lilly Lake property owner, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. White. CRAIG JOHNSON appeared before the Commission and expressed opposition to the blanket 35 foot height limitation aspect of this request and stated that the parking zone around Lilly Lake r would not be as useful as the parking zone around the airstrip itself. A discussion ensued amongst the Commissioners and Mr. Johnson. JIM ASHFORD reappeared before the Commission and restated his position on the parking zone around Lilly Lake. RUSS OLIN, pilot, appeared before the Commission and expressed support for this request. LA QUITA YATSIK, property owner, appeared before the Commission and expressed opposition to maintaining Lilly Lake and the P & Z MINUTES KIBS226142 4 JANUARY 21, 1987 Municipal Airport as a base for airplanes and suggested a new airstrip be established in an undeveloped area by the Borough. SCOTT ARNDT, adjacent property owner, appeared before the Commission and expressed concern with how the height limit would be measured; stated that a 50 foot wide clear zone would be more appropriate; and that he opposes the clear zone designation without compensation to the property owners. A discussion ensued amongst the Commissioners and Mr. Arndt. JOHN PARKER appeared before the Commission and requested the Commission gather more information concerning the height limits, topography and cross-section profiles of the area before making a decision on this request. KNOX CHRISTIE reappeared before the Commission and requested the Commission accept responsibility of enforcement of setback requirements for airports (i.e., side and glide slopes) in the same manner in which the Commission enforces other zoning setback requirements. SYDNEY CATHEY, Lilly Lake property owner, appeared before the Commission and expressed support for maintaining the integrity of the airport and lake even though the airport is used by many other user groups (i.e., joggers, walkers, boaters, ski -doers) and that the other user groups' interests ought to be protected as well as the pilots' interests. JIM MOTES appeared before the Commission and expressed objection to property restrictions. RUSS KLINEMAK, pilot and Lilly Lake property owner, appeared before the Commission and expressed support for restrictions that would prevent further encroachments on the lake. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO TABLE Case 87-001. The motion was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER ANDERSON indicated the intent of his motion was to table this request until the February 18, 1987 regular meeting and hold another public hearing at that time. COMMISSIONER RENNELL directed staff to place this item on the agenda for the worksession scheduled for Wednesday, February 4, 1987 and to place a public notice on the Borough's news page. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 9:17 p.m. C) CASE S-86-034. An appeal of the Borough Engineer's decision in �.._ accordance with Chapter 16.95 (Appeals to the Commission) of the Borough Code of a decision requiring as a condition of final approval that the Rezanof Drive West right-of-way easement be shown as a dedicated public right-of-way on the final plat for Leisnoi Land Survey Number 1. The appellant is seeking relief in the form of showing the right-of-way as an easement only and not as a dedicated public right-of-way on the final plat. Leisnoi Land Survey No. 1; approximately Mile 27 of Rezanof Drive West (Chiniak Highway). (Leisnoi, Inc.) BOB PEDERSON indicated 18 public hearing notices were mailed for this case and none were returned. Staff recommended denial of the appeal. P & Z MINUTES KIBS226143 5 JANUARY 21, 1987 r Regular Session Closed. The Appeal Proceeding Opened: DAVE CROWE presented the Engineering Department's position to the Commission. A discussion ensued amongst the Commissioners and Mr. Crowe. JOHN MERRICK, Leisnoi's Land Manager, appeared before the 1 Commission and expressed Leisnoi's position. A discussion ensued amongst the Commissioners and Mr. Merrick. GINNY SARGENT, American River grazing lease holder, appeared before the Commission and expressed support for the appeal. OMAR STRATMAN appeared before the Commission and expressed support for the appeal. No one testified in opposition to the appeal. JOHN MERRICK reappeared before the Commission and submitted a memorandum from Leisnoi's Executive Director Frank Pagano dated January 19, 1987, as Leisnoi's position on the appeal. The Appeal Proceeding Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, with input from Community Development Department staff and the Borough Engineer. COMMISSIONER HEINRICHS MOVED TO UPHOLD the appeal and to overturn the decision of the Borough Engineer requiring that as a a condition of approval for Leisnoi Land Survey No. 1, the Rezanof Drive West right-of-way easement be shown as a dedicated public right-of-way on the final plat and, for clarity, the front setback be calculated from the front property line and that the area within the right-of-way easement be used in calculation of the lot area. The motion was seconded and FAILED by a tied roll call vote. Commissioners Knudsen, Smedley and Rennell voted "no." A discussion ensued amongst the Commissioners, with input from Community Development Department staff. COMMISSIONER KNUDSEN MOVED TO ADOPT as findings of fact items numbered 1, 2, 3, and 5 in the staff memorandum dated January 13, 1987, and to add number 6: "The subdivision is located in a previously undeveloped area, but development of the area is beginning to take place. In planning for future development, there is a need to start planning for that development by ensuring that the highway is dedicated;" and number 7: The applicant did not prove that an easement is superior to dedication." The motion was seconded and CARRIED by majority roll call vote. Commissioner Anderson voted "no." CONDITIONS OF APPROVAL 1. Addition of the following to the title block: "Within the Kodiak Recording District." 2. Add the following plat note: "Natural streams and drainage courses shall not be blocked or impeded." 3. Dedicate the existing state highway easement as right-of-way on the final plat, and show lot area for that portion outside the right-of-way. 4. Change Cape Chiniak Road to Rezanof Drive West. KIBS226144 P & Z MINUTES 6 JANUARY 21, 1987 r FINDINGS OF FACT 1. Dedication of public rights -of -way for streets is one of the oldest and most elemental regulations for land subdivision. 2. The Community Development and Engineering Departments regularly recommend right-of-way dedication for all subdivisions along Rezanof Drive West (Chiniak Highway). 3. The 1.53 acres within the existing right-of-way easement are undevelopable to the owner. No structures are permitted within easements. 4. Deleted. 5. Section 16.20.110, Lot Definitions of the Borough Code implies that a front property line is determined from the edge of a right-of-way easement, not the centerline. Pertinent sections state: 16.20.110 Lot. A measured portion of a parcel or tract of land which is described and fixed on a plat filed for record. D. Lot Frontage: All property abutting the right-of-way of a dedicated street, private street, or road easement, measured along the right-of-way between the side lot lines of a lot. In no case shall the line along an alley be considered as lot frontage. F. Lot Line, Front: That boundary of a lot measured along the edge of the right-of-way of a dedicated street, r - private street or road easement, which abuts that line. In the case of a corner lot, either line which meets the above description provided the other is considered to be a side lot line. 6. The subdivision is located in a previously undeveloped area, but development of the area is beginning to take place. In planning for future development, there is a need to start planning for that development by ensuring that the highway is dedicated. 7. The applicant did not prove that an easement is superior to a dedication. D) CASE S-86-035. Subdivision of Tract D of Tract A, Bells Flats Alaska Subdivision to Tracts D-1, D-2 and D-3. (Royal V. Large) DAVE CROWE indicated 16 public hearing notices were mailed for this case and 1 was returned expressing non -objection to this request. Regular Session Closed. Public Hearing Opened: ROYAL LARGE appeared before the Commission and expressed support r for the original form of this request. A discussion ensued amongst the Commissioners, Engineering Department staff, and Mr. Large. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the subdivision of Tract D of Tract A, Bells Flats Alaska Subdivision to Tracts D-1, D-2 and D-3, subject to the conditions of approval outlined in the memorandum dated January 13, 1987 from the Borough Engineer, deleting condition number two (2). The motion was seconded and CARRIED by majority roll call vote. Commissioners Smedley and Heinrichs voted "no." KIBS226145 P & Z MINUTES 7 JANUARY 21, 1987 CONDITIONS OF APPROVAL 1. That the applicant obtain ADEC approval for industrial wastewater disposal. 2. Deleted. 3. That the Title Block be revised to indicate that this is a r subdivision of Tract D of Tract A, Bells Flats Alaska Subdivision. 4. That the words "Within the Kodiak Recording District" be included in the Title Block. 5. That bearings and distances be shown on the final plat for the existing utility easement. 6. That the Vicinity Map be revised to show the relationship of this property to a larger area. 7. That the plat scale be corrected to indicate one inch equals 50 feet. 8. That the final plat be reworked so that all lines and data can be reproduced clearly. 9. That existing rights -of -way (including widths) and adjacent properties be shown 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 Items A, B, C and D of Communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter from Robert H. Pederson to Henry Friedman, ADEC, dated December 30, 1986, regarding Brechan, Inc.'s Solid Waste Management Permit application and the Planning and Zoning Commission's action on Brechan, Inc.'s request for a conditional use permit. B) Revised Administrative Interpretation and Definition of decks, stairways and parking decks located within front yards and docks in water bodies. C) Letter from Gordon Gould to Wanda Fields dated December 30, 1986, regarding the relocation of play and storage areas at Glass Beach Mobile Home Park. D) Letter and materials from David M. Dall, Assistant Regional Coordinator, National Wetlands Inventory, U.S. Fish and Wildlife Service to the Planning and Zoning Commission dated December 19, 1986 regarding a workshop to be held in Kodiak on February 10, 11 and 12, 1987. E) January 1987 Alaska -Yukon Magazine articles, "City's Growth Damages Lakes" and "Kodiak may soon be the home of ... kobe beef..." There were no further communications. X. REPORTS KIBS226146 A) Status Report from the Community Development Department. P & Z MINUTES 8 JANUARY 21, 1987 B) Tract D-1, U.S. Survey 3218 COMMISSIONER KNUDSEN MOVED TO DIRECT STAFF to investigate the rezoning of Tract D-1, U.S. Survey 3218 from RR1--Rural Residential One to B--Business. The motion was seconded and CARRIED by unanimous voice vote. C) Alaska Maritime Refuge public informational meeting scheduled for January 23, 1987 at 11:00 a.m. at the Holmes Johnson Library. D) Freed noted the projects the Department was working on, in particular the grants. XI. AUDIENCE COMMENTS JOHN PARKER appeared before the Commission and expressed concern that there are no Borough regulations in place to provide for Planned Community Developments and Condominium Developments as outlined in State Statutes. A discussion ensued amongst the Commissioners, Mr. Parker and Community Development Department staff. XII. COMMISSIONERS' COMMENTS COMMISSIONERS ANDERSON AND SMEDLEY reported they would be out of town on February 18, 1987 and that COMMISSIONER HENDEL would also be out of town for the next regular meeting. COMMISSIONER HEINRICHS requested the Commission examine how parking requirements for churches are calculated. It was agreed to discuss this item at the January 28, 1987 Commission worksession. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 11:10 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: L Steve Rennell, Chairman ATTEST By. . / . Patricia Miley, ecretary Community Deve pment Department DATE APPROVED: *ebeu 15 19 :R:1- A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226147 P & Z MINUTES JANUARY 21, 1987