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1987-06-17 Regular Meetingr� KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING — JUNE 17, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS IX COMMUNICATIONS C) Memo dated May 18, 1987, re: Administrative Interpretation: How many people may live in a residence. D) Minutes of the November 18, 1986 Womens Bay Comprehensive Planning Committee. DELETIONS X REPORTS B) Engineering Department Abbreviated Plats Report KIBS226241 P & Z Regular Meeting AA,3itinnc/UP1Pt-inna to Agenda 1 June 17, 1987 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 17, 1987 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of May 20, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE S-85-023. Request for extension of Preliminary Subdivision Approval Period to December 16, 1987 (six months): Subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision to Lots 1A through 1E. (Margaret Pryor/Norman and Dorothy Holm). VI PUBLIC HEARINGS A) 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 landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular r-- Meeting. !� B) CASE 87-035. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit an addition onto the side of the existing single-family residence to encroach four (4) feet into the required fourteen (14) foot side yard setback in a RR1--Rural Residential One Zoning District on Lot C-1, U.S. Survey 1678; 2231 Three Sisters Way. (Richard and Sandra Thummel) C) CASE 87-036. Request to rezone Lot 1, Block 1, Woodland Acres Subdivision Second Addition from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; 3438 Woodland Drive. (Faith Baptist Church) D) CASE 87-037. Request for a variance from Section 17.54.010 (A and C) (Height -Extension onto Public Property) of the Borough Code to permit a six (6) foot fence in the front yard and to permit a four (4) and six (6) foot fence to project into the Birch Avenue and Thorsheim Street rights -of -way in a R1--Single-Family Residential Zoning District. Lot 3, Block 5, Aleutian Homes; 1018 Thorsheim Street. (Michael Brown) E) CASE 87-034. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a two hundred thousand (200,000) gallon water storage tank to locate in a R1--Single-Family Residential Zoning District; and a -� r Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030 (Review by planning commission --Assembly approval) of the Borough Code to create a utility J easement for the construction of a water storage tank and water transmission line. Block 2, Tract C, U.S. Survey 4871; Ouzinkie Townsite. (Kodiak Island Borough/U.S. Public Health Service) F) CASE S-87-016. Vacation of a 35-foot Portion of a Roadway and Utility Easement. Lot 1, U.S. Survey 3464. (Dale Westmark) G) CASE S-87-018. Subdivision of Fractional Sections 25 and 26, Township 29 South, Range 20 West, Seward Meridian, excluding U.S. Survey 5702; creating Armstrong Heights Subdivision, fifty-six (56) 10 acre lots. West Shore Kalsin Bay. (Leisnoi, Inc.) P&Z Regular Meeting KIBS226242 1 - June 17, 1987 Agenda H) CASE S-87-019. Subdivision of an Unsubdivided Portion of U.S. Survey 1396, creating Tract K, U.S. Survey 1396 including Lilly Lake. (Lenhart Grothe/City of Kodiak/Kodiak Island Borough) I) CASE S-87-020. Vacation of a Portion of a City of Kodiak Sewer Easement lying adjacent to Lots 12, 13 and 14, Block 1, Allman Addition. (John Butler and David Henley) r— VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS A) Memo dated May 26, 1987 to the Kodiak Island Borough Assembly and Kodiak City Council from the Community Development Department, re: State Maintenance of Mill Bay Road. B) Letter dated June 17, 1987 to the Kodiak Island Borough Assembly from the Planning and Zoning Commission, re: Land Management Policy. X REPORTS A) Community Development Department Monthly Status Report - May 1987 B) Engineering Department Approved Abbreviated Plats Report XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT 1- 1 1 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. Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226243 P&Z Regular Meeting - 2 - June 17, 1987 Agenda KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 17, 1987 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to r.. order at 7:30 p.m, by Chairman Steve Rennell on June 17, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Steve Rennell, Chairman Bob Pederson, Associate Planner, Mike Anderson Community Development Department Robin Heinrichs Patricia Miley, Secretary, Tom Hendel Community Development Department Mary Lou Knudsen Dave Crowe, Borough Engineer Scott Thompson Commissioners Absent: Others Absent: D.L. Smedley, Excused Linda Freed, Director, Community Development Department A quorum was established. III. APPROVAL OF AGENDA Staff reported the following changes to the agenda: ADDITIONS IX COMMUNICATIONS C) Memo dated May 18, 1987, re: Administrative Interpretation: How many people may live in a residence. D) Minutes of the November 18, 1986 Womens Bay Comprehensive Planning Committee. DELETIONS B) Engineering Department Abbreviated Plats Report COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the changes reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the May 20, 1987 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) CASE S-85-023. Request for extension of Preliminary Subdivision Approval Period to December 16, 1987 (six months): Subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision to Lots 1A through 1E. (Margaret Pryor/Norman and Dorothy Holm). COMMISSIONER ANDERSON MOVED TO GRANT an extension of Preliminary Subdivision Approval Period to December 16, 1987 (six months): Subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision to Lots 1A through 1E. The motion was seconded and CARRIED by unanimous voice vote. KIBS226244 Planning & Zoning Commission 1 June 17, 1987 Minutes There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS A) 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 landfill site which will contain debris from demolished buildings and road construction to locate in an Industrial Zoning T- District. Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry Drive. (Brechan Enterprises, Inc.) Tabled from the December 1986 Regular Meeting. BOB PEDERSON indicated 31 public hearing notices were mailed for this case and 5 were returned, opposing this request. Staff recommended approval of this request. COMMISSIONER MOVED TO REMOVE CASE 86-084 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. Regular Session Closed. Public Hearing Opened: JACK DOYLE appeared before the Commission and expressed opposition to this request. Mr. Doyle noted that the Commission had received a petition signed by 75 residents of Womens Bay stating opposition to the conditional use permit at the December 1986 public hearing and that another petition containing 31 signatures had been sent to the Alaska Department of Environmental Conservation (ADEC) regarding the burning that took place last fall. A discussion ensued amongst the Commissioners and Mr. Doyle regarding disposal of asbestos and other toxic wastes. Mr. Doyle stated that even if the asbestos was removed from the site, he r-- would be adamantly opposed to the landfill, that the asbestos was to have been removed from the debris that was previously brought to Brechan's yet there was still asbestos present when the material arrived despite the safeguards. It was noted that the ADEC permit prohibits the disposal of waste other than concrete, asphalt, ash and wood products. OMAR STRATMAN, President of the Kodiak Livestock Cooperative, appeared before the Commission and stated that the Cooperative was directly downstream from Brechan's and that the Cooperative needs potable water or it will be closed. Mr. Stratman stated that once the dumping begins there would be no guarantee that the material dumped would conform to ADEC's requirements. JEFF THRASHER, President of the Womens Bay Community Council, appeared before the Commission and expressed concern regarding the monitoring of the landfill. Mr. Thrasher requested that the Kodiak Island Borough participate in the inspection process and that inspections of water quality should occur on at least a monthly basis. Mr. Thrasher noted that the Assembly is opposed to opening another landfill and asked if we really needed another landfill. CHAIRMAN RENNELL asked if Mr. Thrasher was present as a representative of the Womens Bay Community Council. Mr. Thrasher responded that during the summer months a quorum is not available but that he felt the concerns he expressed were the consensus of members of the Womens Bay Community. COMMISSIONER HEINRICHS asked Mr. Thrasher what sort of monitoring he envisioned. Mr. Thrasher responded that the materials being dumped should be monitored. JIM COBIS, a member of the Womens Bay Community Council, appeared before the Commission as a private citizen and stated that the ADEC permit required the monitoring be done by the permittee. Mr. Cobis stated that if the Kodiak Island Borough Planning and Zoning Commission granted a conditional use permit, the Borough would be the permitter and that the permitter ought to monitor, on at least KIBS226245 a monthly basis, to ensure that the input into the dump does not Planning & Zoning Commission 2 June 17, 1987 Minutes /" /" adversely affect the water and air quality of this densely populated area. GLEN MATHES, adjacent property owner, appeared before the Commission and noted that the landfill has created a nuisance and will potentially create a nuisance which is contrary to Borough Code Section 17.24.060 (Performance Standards). Mr. Mathes also questioned the wisdom of opening a new landfill on Kodiak Island. MIKE BRECHAN, President of Brechan Enterprises, Inc., appeared before the Commission and reviewed the history of this request. Mr. Brechan stated that Brechan Enterprises did not want to bury asbestos on the property and they do not want to bury anymore ash. Mr. Brechan noted that he appreciates the residents' concerns and is willing to work with the Borough on monitoring but that he needs to have qualified monitors. Mr. Brechan also noted that the asbestos must be contained or abated before anything else could be done. CHAIRMAN RENNELL asked if development plans to fill the hole were included in the sale agreement when the land was purchased. Mr. Brechan replied, "yes." JIM COBIS reappeared before the Commission and noted that the development plan was pretty vague and without penalties if it was not completed. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.24.020 of the Borough Code to permit 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, subject to the conditions of approval outlined in the staff report dated December 17, 1986, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the importance of public comments and how the concerns about monitoring could be worked out with ADEC, the Borough and Brechan Enterprises. Community Development Department staff noted that Borough monitoring would be dependent on what type of monitoring was needed, the specific requirements of the monitoring and whether or not the Borough had personnel with the requisite expertise to perform such monitoring. COMMISSIONER HEINRICHS MOVED AMEND THE MAIN MOTION by adding the following: "Condition Number Two: An appropriate monitoring schedule for the proposed use shall be established between the Alaska Department of Environmental Conservation and the Kodiak Island Borough." The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by majority roll call vote. Commissioner Thompson voted "no." CONDITIONS OF APPROVAL 1. Section 17.24.060 (A through G), performance standards for Industrial land uses, are incorporated as a condition of approval for this conditional use permit. 2. An appropriate monitoring schedule for the proposed use shall be established between the Alaska Department of Environmental Conservation and the Kodiak Island Borough. KIBS226246 Planning & Zoning Commission 3 June 17, 1987 Minutes FINDINGS OF FACT 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 block in question has been used for a variety of industrial activities since the 1960's and landfilling activities were included in the concept of the 1979 development plan for the property. Surrounding land uses include industrial activities, vacant publicly owned tracts and RR1--Rural Residential One Zoning District lots to the northwest. Based on the I --Industrial Zoning of the site, the proposed use should have relatively little additional impact on surrounding properties when compared to potential impacts that could result from permitted industrial land uses and activities. The existing industrial land uses will not be affected by the proposed use. Lastly, the proposed use is consistent with the Industrial Comprehensive Plan designation for this site. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed use will fulfill all other requirements of the I --Industrial Zoning District such as setbacks. Adherence to the performance standards (Section 17.24.060 of the Borough Code) for industrial uses can be assured through a condition of approval to the permit. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. r The proposed use should not be harmful to the public health, safety, convenience or comfort. As discussed in the comments section, no hazardous materials or wastes will be placed in the waste cells and the proposed use must receive approval for a waste disposal permit for solid waste management activities from the Alaska Department of Environmental Conservation (ADEC). These requirements should ensure protection of the public health and safety. Regarding public convenience and comfort, it can be argued that by definition alone, industrial activities can potentially detract from public convenience and comfort if any residential land uses are in the vicinity. In this case, however, the site is a long established and utilized industrial area, the property is zoned I --Industrial, the property is designated for Industrial land uses in the Comprehensive Plan for Womens Bay and the proposed use characteristics do not appear to be any more detrimental to public convenience and comfort than the existing activities on the site. In fact, a properly filled area could be more attractive than the existing area of scattered and open debris. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed solid waste fill area is not adjacent to any residential uses or zoning categories. There is sufficient lot area and setbacks to accommodate the proposed use in conjunction with existing activities. Additional safeguards are provided through ADEC regulations and the performance standards (Section 17.24.060 of the Borough Code) for industrial land uses. These safeguards should be sufficient for this case. B) CASE 87-035. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit an addition onto the side of the existing single-family residence to encroach four (4) feet into the required fourteen (14) foot side yard setback in a RR1--Rural KIBS226247 Residential One Zoning District on Lot C-1, U.S. Survey 1678; 2231 Three Sisters Way. (Richard and Sandra Thummel) Planning & Zoning Commission 4 June 17, 1987 Minutes BOB PEDERSON indicated 30 public this case and none were returned. request. Regular Session Closed. Public Hearing Opened: hearing notices were mailed for Staff recommended denial of this SANDY THUMMEL appeared before the Commission and expressed support r-- for this request. Ms. Thummel also presented a letter containing the signatures of adjacent property owners expressing "non -objection" to this request. CRAIG JOHNSON appeared before the Commission and expressed support for this request, suggesting possible findings of fact for approval of this variance. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a request for a variance from Section 17.17.050 of the Borough Code to permit an addition onto the side of the existing single-family residence to encroach five (5) feet into the required fifteen (15) foot side yard setback in a RR1--Rural Residential One Zoning District on Tract C-1, U.S. Survey 1678. The motion was seconded. A discussion ensued amongst the Commissioners regarding the limitations imposed upon the Commission by the Bylaws and Alaska Statutes, the exceptional circumstance of the view from this particular piece of property and the shape of the lot. Discussion also noted similar requests which had been denied by the Commission and the precedent which would be created if the Commission approved this variance. The question was called and the motion CARRIED by majority roll call vote. Commissioners Heinrichs and Rennell voted "no." Findings of Fact for this case were deferred to the end of the agenda. C) CASE 87-036. Request to rezone Lot 1, Block 1, Woodland Acres Subdivision Second Addition from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; 3438 Woodland Drive. (Faith Baptist Church) COMMISSIONER ANDERSON requested to be excused due to a possible conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER ANDERSON. BOB PEDERSON indicated 34 public hearing notices were mailed for this case and 5 were returned, 3 opposing and 2 stating non -objection to this request. Staff recommended either denying the request or tabling the request to investigate the rezoning of a larger area. Regular Session Closed. Public Hearing Opened: CURTIS ELLISON, representing Faith Baptist Church, appeared before the Commission and expressed support for this request. JIM RITCHIE, representing Faith Baptist Church, appeared before the Commission and expressed support for this request. TUCK BONNEY, concerned property owner, appeared before the Commission and expressed opposition to this request. SCOTT ARNDT appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. KIBS226248 Planning & Zoning Commission 5 June 17, 1987 Minutes A discussion ensued amongst the Commissioners regarding the appropriateness of rezoning this property at this time, noting that an up-to-date comprehensive plan needs to be developed for this area. COMMISSIONER HENDEL MOVED TO table until August 1987 Case 87-036 and to investigate the rezoning of Lot 3, Block 1, Woodland Acres; Lot 1, Block 1, Woodland Acres 2nd Addition; Tract C-1, U.S. Survey r-- 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision 1st Addition. The motion was seconded and CARRIED by majority roll call vote. Commissioners Thompson and Rennell voted "no." COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. D) CASE 87-037. Request for a variance from Section 17.54.010 (A and C) (Height -Extension onto Public Property) of the Borough Code to permit a six (6) foot fence in the front yard and to permit a four (4) and six (6) foot fence to project into the Birch Avenue and Thorsheim Street rights -of -way in a R1--Single-Family Residential Zoning District. Lot 3, Block 5, Aleutian Homes; 1018 Thorsheim Street. (Michael Brown) BOB PEDERSON indicated 59 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request if the Commission found that a safe line of sight for traffic visibility could be maintained. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners concerning the possible line of sight problems created by this fence in this area and the need to discuss this with the applicant. COMMISSIONER ANDERSON MOVED TO TABLE Case 87-037 to the July regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. E) CASE 87-034. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a two hundred thousand (200,000) gallon water storage tank to locate in a R1--Single-Family Residential Zoning District; and a Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030 (Review by planning commission --Assembly approval) of the Borough Code to create a utility easement for the construction of a water storage tank and water transmission line. Block 2, Tract C, U.S. Survey 4871; Ouzinkie Townsite. (Kodiak Island Borough/U.S. Public Health Service) BOB PEDERSON indicated 43 public hearing notices were mailed for this case and 2 were returned, 1 opposing this request and the other from the Kodiak Island Borough School District stating "non -objection" to this request. Staff recommended approval of these requests. Regular Session Closed. Public Hearing Opened: GORDON SEVERSON, U.S. Public Health Service representative, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. KIBS226249 Planning & Zoning Commission 6 June 17, 1987 Minutes /I- r F) COMMISSIONER KNUDSEN MOVED TO GRANT a request for an exception from Section 17.18.020 of the Borough Code to 'permit a two hundred thousand (200,000) gallon water storage tank to locate in a R1--Single-Family Residential Zoning District on a Portion of Block 2, U.S. Survey 4871, Ouzinkie Townsite, and to adopt the findings contained in the staff report dated June 5, 1987 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO ADOPT Planning and Zoning Commission Resolution 87-02-R recommending approval of a utility easement on Borough property for the construction of a water storage tank and water transmission line. Portion of Block 2, Tract C, U.S. Survey 4871, Ouzinkie Townsite. 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. A. It appears that the proposed use will not endanger the public's health, safety, or general welfare. The benefits of this facility should, in fact, enhance the public's health, safety and general welfare. The tank will provide for additional community water storage. This is expected to improve water system and water treatment reliability, better fire protection capability, and comparable and more reliable water pressure. To address concerns of impacts on the nearby schools and residences, the applicant proposes tank anchoring for protection from catastrophic rupture, a tank overflow line directed away from the school towards the Third Street drainage ditch, and a permanent fence surrounding the tank site. 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 water storage tank 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 have been compatible with surrounding uses and the new structure should not have negative impacts on the surrounding area. In addition, it should be noted that the proposed use is consistent with the recently adopted (1984) Ouzinkie Comprehensive Plan. The water storage tank is a public facility that will serve community residents. CASE S-87-016. Vacation of a 35-foot Portion of a Roadway and Utility Easement. Lot 1, U.S. Survey 3464. (Dale Westmark) DAVE CROWE indicated 44 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. KIBS226250 Planning & Zoning Commission 7 June 17, 1987 Minutes r Regular Session Closed. Public Hearing Opened: JIM RITCHIE, representing Dale Westmark, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT final approval of the vacation of a 35-foot Portion of a Roadway and Utility Easement on Lot 1, U.S. Survey 3464, subject to the condition of approval outlined in the memorandum from the Borough Engineer dated June 9, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. The remaining 15-foot easement shall be designated as a utility easement only. G) CASE 5-87-018. Subdivision of Fractional Sections 25 and 26, Township 29 South, Range 20 West, Seward Meridian, excluding U.S. Survey 5702; creating Armstrong Heights Subdivision, fifty-six (56) 10 acre lots. West Shore Kalsin Bay. (Leisnoi, Inc.) DAVE CROWE indicated 18 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: OMAR STRATMAN appeared before the Commission and expressed concern that roads may be put in and not maintained, stating that this issue deserved more study. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the subdivision of Fractional Sections 25 and 26, Township 29 South, Range 20 West, Seward Meridian, excluding U.S. Survey 5702; creating Armstrong Heights Subdivision, fifty-six (56) 10 acre lots, subject to the conditions outlined in the memorandum from the Borough Engineer dated June 17, 1987, adding condition number 3 from the Community Development Department staff report as condition number 7(e). The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. That the final plat be reviewed and approved by the Corps of Engineers and the Alaska Department of Fish and Game prior to submittal for filing. 2. That Leisnoi negotiate necessary easements with KEA prior to submittal of the final plat, with the Planning and Zoning Commission to make the final decision if agreement cannot be reached. 3. That design plans for roadways be submitted for review and approval prior to filing of final plat. 4. That road construction, if any, shall be a minimum of one land wide with turnouts at 600-foot intervals and that all construction shall be to Borough standards up through the subgrade. 5. That the limits of the existing Chiniak/Pasagshak distribution line easement be shown on the final plat and that any poles which conflict with roadways be relocated or rights -of -way be adjusted to eliminate conflicts. Planning & Zoning Commission J KIBS226251 June 17, 1987 Minutes 6. That the designations for Lot 9, Block 5 and Lot 1, Block 7 be changed from "park" to Tracts, Lots, or Reserve since the property will be retained by the applicant. 7. That the following notes be placed on the final plat: a. Natural streams and drainage courses shall not be blocked or impeded. b. All driveway locations for lots fronting on Rezanof Drive West shall be approved by the Alaska Department of Transportation and Public Facilities. C. Lot 9, Block 5 shall not be sold or developed with structures until frontage on a platted road right-of-way is provided. d. Lot 1, Block 7 shall not be developed with residential structures. e. The front yard setback for Lot 1, Block 1; Lot 1, Block 2; Lot 3, Block 3; and Lots 6 and 7, Block 6 shall be measured from the edge of the State highway right-of-way easement. H) CASE S-87-019. Subdivision of an Unsubdivided Portion of U.S. Survey 1396, creating Tract K, U.S. Survey 1396 including Lilly Lake. (Lenhart Grothe/City of Kodiak/Kodiak Island Borough) DAVE CROWE indicated 124 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. BOB PEDERSON noted that a copy of the preliminary plat was on the wall. Mr. Pederson reviewed the property locations and the impacts of the Borough's municipal airport regulations on the properties. COMMISSIONER ANDERSON noted that he represented the Planning and Zoning Commission at the City Council Meeting on June 16, 1987 and that the City Council expressed a desire to sell the buildable portions of the 18 lots in Lakeview Subdivision. Regular Session Closed. Public Hearing Opened: C. WALTER EBELL, representing Len Grothe, appeared before the Commission to answer questions. A discussion ensued amongst Community Development Department staff and Mr. Ebell regarding the disposition of the lands involved in this particular request. Following this discussion, Mr. Ebell requested that the original preliminary plat be approved (leaving Lakeview Subdivision intact) and delay the intra-governmental discussions regarding disposition of the lands until such time as the two governments actually own the land. A discussion ensued amongst the Commissioners and Mr. Ebell regarding the legal conveyance of these lands. Mr. Ebell noted r'— that the City and the Borough would receive title as tenants in common. It was also noted that if the City and the Borough could not agree to the disposition of these lands between themselves, recourse to the court system would be available to settle the issue. Mr. Ebell also indicated that Mr. Grothe desired to proceed with the land trade and that the staff's recommendation on this request is not the land owner's request. BOB BRODIE, representing the City Council of the City of Kodiak, appeared before the Commission and stated that the City Council was in agreement with Mr. Ebell and that he seconded Mr. Ebell's request to approve this subdivision as originally presented. Planning & Zoning Commission KIBS226252 9 June 17, 1987 Minutes rl- r- A discussion ensued amongst the Commissioners and Mr. Brodie regarding the Borough Engineer's recommended conditions of approval. Mr. Brodie indicated that conditions 1, 2, 4 and 5 were "okay." Mr. Brodie took exception to condition number 3, "The subdivision is expanded to include the vacation of Lots 1 through 18, Block 1, Lakeview Subdivision." Mr. Brodie noted that this request was not the applicant's nor the City Council's nor the Assembly's request, that the applicant, City Council and Assembly had agreed to trade 19 parcels of land. It was noted that the Borough Mayor directed the Resource Management Officer to prepare the request in this manner. Mr. Ebell noted that the concept developed out of discussions that the land be divided into two parcels between the City and the Borough based on economic value. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the subdivision of an Unsubdivided Portion of U.S. Survey 1396, creating Tract K, U.S. Survey 1396 including Lilly Lake, subject to conditions numbered 1, 2, 4 and 5 outlined in the memorandum from the Borough Engineer dated June 9, 1987, removing the word "proposed" from condition number 4. The motion was seconded. COMMISSIONER HEINRICHS noted that it would be inappropriate at this time to consolidate all of the land into Tract K as the land owner did not request this action. The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. A final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 in Lilly Lake adjoining Russell Estates and Airpark Subdivision and the nine upland portions of unsubdivided U.S. Survey 1396 adjacent to Russell Estates Subdivision and Russell Estates Second Addition shall be filed prior to the filing of the final plat for this subdivision. 2. A final plat for the vacation and replat of the unsubdivided portion of U.S. Survey 1396 adjoining Lots lA and 2A, Block 1, Allman Addition shall be filed prior to the filing of the final plat for this subdivision. 3. Deleted. 4. A note be placed on the final plat stating: "Development and use of Tract "K" may be impacted by the City of Kodiak Municipal Airport regulations and Kodiak Island Borough regulations for the Municipal Airport and Lilly Lake. 5. Show all easements which may have been granted by metes and bounds descriptions. I) CASE 5-87-020. Vacation of a Portion of a City of Kodiak Sewer Easement lying adjacent to Lots 12, 13 and 14, Block 1, Allman rl— Addition. (John Butler and David Henley) DAVE CROWE indicated 77 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. KIBS226253 Planning & Zoning Commission 10 June 17, 1987 Minutes r— COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the vacation of a Portion of a City of Kodiak Sewer Easement lying adjacent to Lots 12, 13 and 14, Block 1, Allman Addition. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Memo dated May 26, 1987 to the Kodiak Island Borough Assembly and Kodiak City Council from the Community Development Department, re: State Maintenance of Mill Bay Road. B) Letter dated June 17, 1987 to the Kodiak Island Borough Assembly from the Planning and Zoning Commission, re: Land Management Policy. C) Memo dated May 18, 1987, re: Administrative Interpretation: How many people may live in a residence. D) Minutes of the November 18, 1986 Womens Bay Comprehensive Planning Committee. r COMMISSIONER KNUDSEN MOVED TO ADOPT item IX-B of Communications: a letter dated June 17, 1987 to the Kodiak Island Borough Assembly from the Planning and Zoning Commission, re: Land Management Policy and directed staff to send it. The motion was seconded and CARRIED by unanimous voice vote. X. REPORTS COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department. XI. AUDIENCE COMMENTS BOB BRODIE appeared before the Commission and stated that once we understand each other, we agree so let's work on better communications. There were no further audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER ANDERSON MOVED TO DEFER findings of fact for Case 87-035 until the July 1987 Regular Meeting. The motion was seconded and CARRIED by unanimous voice vote. KIBS226254 Planning & Zoning Commission 11 June 17, 1987 Minutes XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 10:50 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: _ Steve Renne1j, Chairman ATTEST By: kucc..-, Patricia Miley Secretary Community Deve pment Department DATE APPROVED: l5 1q$� A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226255 Planning & Zoning Commission 12 June 17, 1987 Minutes