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1988-06-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - ,TUNE 15, 1988 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 18, 1988 V AUDIENCE COMMENTS AND APPEARANCE REQUESTS VI PUBLIC HEARINGS A) Case 88-026. Request to rezone Lots 39 through 46, Block 12, Aleutian Homes Subdivision from RI —Single -Family Residential to R2—Two-Family Residential; and Lots 17 and 18, Block 8; Lots 1 through 6, Block 11; and Lots 7 and 35 through 38 and 47 through 59, Block 12, Aleutian Homes Subdivision from RI —Single -Family Residential to B—Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. On the north side of the street from 521 through 1119 Mill Bay Road and 111 Birch Street (from Thwing's old key shop to the old Harvester building site). (Property Owners) (Tabled from the May 1988 Regular Meeting) B) Case 88-031. Request for review by the Planning and Zoning Commission, in accordance with Section 18.20.030 (Exchange of Real Property) of the Borough Code, of a proposed exchange of Borough -owned land (Portion of Lot 1B, Block 1, Tract A, Old Harbor Townsite) for land owned by the City of Old Harbor (Portions of Lot 2, Block 1, and Lot 1, Block 2, Tract A, Old Harbor Townsite) in order to construct the Old Harbor School Addition; and a Request to rezone Portions of Lot 2, Block 1, and Lot 1, Block 2, Tract A, Old Harbor Townsite from R1--Single-Family Residential to PL--Public Use Lands in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; and a Request for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required), Section 17.57.040 (B.1, B.3, and C)(Parking Area Development Standards), and Section 17.57.060 (B.2)(Off-Street Loading Requirements) of the Borough Code to permit the new school in Old Harbor to provide less than the required number of spaces (10 spaces to be provided), and to be exempt from the applicable parking area development standards and off-street loading requirements. (Lot IA -I, Block 1, Tract A, Old Harbor Townsite; Preliminary Plat S-88-011) (Kodiak Island Borough/City of Old Harbor) C) Case 88-033. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit the construction of a multi -use, clinic facility in a R1--Single-Family Residential Zoning District; and a Request for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required), Section 17.57.040 (B.1, B.3, and C)(Parking Area Development Standards), and Section 17.57.060 (B.2)(Off-Street Loading Requirements) of the Borough Code to permit the new clinic facility in Old Harbor to provide less than the required number of spaces (10 spaces to be provided), and to be exempt from the applicable parking area development standards and off-street loading requirements. (Lots IA, 2A, 3A, and 4A, Block IA, Tract F, U.S. Survey 4793) (City of Old Harbor) KIBS226495 P & Z Regular Meeting Agenda - i of 3 - June 15, 1988 D) Case 88-034. Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a six by fifteen (6 x 15) foot arctic entry addition onto the existing single-family residence to encroach two and a half (2.5) feet into the required eleven and a half (11.5) foot front yard setback in a R2--Two-Family Residential Zoning District. Lot 6, Block 13, Aleutian Homes Subdivision; 515 Carolyn Street. (JoJo DeLeon) E) Case 88-035. Request to rezone Lot 1, Block 14, Tract A, Larsen Bay Townsite from R1--Single-Family Residential to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; and a IRequest for a conditional use permit in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single-family residence, not exceeding fifty (50) percent of the area of the structure, to locate within a structure containing a business (restaurant) in a B--Business Zoning District; and a Request for a variance from Section 17.57.020 (Off-street Parking --Number of Spaces Required), Section 17.57.040 (B.3 and C) (Parking Area Development Standards), and Section 17.57.060 (C.3) (Off -Street Loading Requirements) of the Borough Code to allow the permitted business (proposed restaurant), and a single-family residence to provide only fourteen (14) off-street parking spaces instead of the required thirty-eight (38) off-street parking spaces and to be exempt from the applicable parking area development standards and off-street loading requirements. Lot 1, Block 14, Tract A, Larsen Bay Townsite. (Darlene Johnson/Steve and Jeannie Munn) F) Case 88-036. Request to rezone a Portion of Tract C-1, U.S. Survey 1682 and Lots 3 and 4, Block 1, Kadiak Alaska Subdivision from R2--Two-Family Residential and R3--Multifamily Residential to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 3472, 3420 and 3310 Rezanof Drive East. (Anderson/Alwert) r G) Case S-88-009. Request for preliminary subdivision of Lot 6, Block 2, Woodland Acres Subdivision Second Addition to Lots 6A and 6B. (Cathy I Stevens) H) Case S-88-010. Request for preliminary subdivision of a Portion of U.S. Survey 3879 (West Shore, Uganik Bay) to Tracts A-1 through A-4, B-1 through B-4, and C-1 through C-4, each tract totaling ten -plus acres. (John Bell Clayton III) I) Case S-88-011. Request for the vacation of Lots 1A, 1B, and 2, Block 1; Lots 1 and 2, Block 2; and a Portion of Salmonberry Avenue, Tract A, Old Harbor Townsite, U.S. Survey 4793; and replat to Lots IA-1 and 2A, Block 1; and Lot 1A, Block 2, Tract A, Old Harbor Townsite (School Site). (Kodiak Island Borough) J) Case S-88-012. Request for preliminary subdivision of Tract E-2, U.S. Survey 1396 to Tracts E-2A and E-2B. (City of Kodiak) K) Case S-88-013. City Tidelands Tract N-32 Amended. (City of Kodiak) VII OLD BUSINESS A) Clarification of the Planning and Zoning Commission's interpretation of "recreational mining activities." r VIII NEW BUSINESS IIX COMMUNICATIONS A) Womens Bay Comprehensive Planning Committee: X REPORTS KIBS226496 May 10, 1988 Minutes (Joint Meeting with the Womens Bay Community Council) Public Meeting Notice (distributed May 26, 1988) A) Community Development Department Monthly Status Report - May 1988 P & Z Regular Meeting Agenda - 2 of 3 - June 15, 1988 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 p-- preceding Wednesday. Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. YjBS2,%j1 I P & Z Regular Meeting Agenda - 3 of 3 - June 15, 1988 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 15, 1988 7:30 p.m. AGENDA CORRECTIONS* [* Corrections are noted in bold type and are underscored.] t— VI PUBLIC HEARINGS F) Case 88-036. Request to rezone a Portion of Tract C-1, U.S. Survey 1682 and Lots 3 and 4, Block I, Kadiak Alaska Subdivision 1st Addition from R2--Two-Family Residential and R3--Multifamily Residential to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 3472, 3420 and 3310 Rezanof Drive East. (Anderson/Alwert) AGENDA ADDITIONS VII OLD BUSINESS B) Case 88-027. Request to investigate the rezoning of Lots 4 through 11, Block 3, Lakeside Subdivision from I --Industrial to a different zoning district classification in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 2327, 2289, 2249, 2207, 2165, and 2095 Selief Lane; 443 Von Scheele Way; and, Lot 10 is presently a greenbelt extending from Selief Lane (along Beaver Lake Drive) to Von Scheele Way. (Kodiak Island Borough) VIII NEW BUSINESS r A) Permitted Uses in the B--Business Zoning District IX COMMUNICATIONS r� B) Letter dated June 3, 1988, from Gordon Lewis. C) Womens Bay Comprehensive Planning Committee: May 24, 1988 Minutes (with attachments) D) Letter dated June 2, 1988, from Yoram Palkovitch with attached map. KIBS226494 Agenda Additions/Deletions - 1 of 1 - June 15, 1988 P&Z F r r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 15, 1988 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:38 p.m. by Vice Chairman Michael Anderson on June 15, 1988, in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Mike Anderson, Vice Chairman Linda Freed, Director, Jon Hartt Community Development Department Robin Heinrichs Patricia Miley, Secretary, Tom Handel Community Development Department Mary Lou Knudsen Dave Crowe, Borough Engineer Scott Thompson Commissioners Absent: Steve Rennell, Chairman, Excused A quorum was established. III. APPROVAL OF AGENDA Staff reported the following corrections and additions to the agenda: AGENDA CORRECTIONS* [* Corrections are noted in bold type and are underscored.] VI PUBLIC HEARINGS F) Case 88-036. Request to rezone a Portion of Tract C-1, U.S. Survey 1682 and Lots 3 and 4, Block 1, Kadiak Alaska Subdivision 1st Addition from R2--Two-Family Residential and R3--Multifamily Residential to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 3472, 3420 and 3310 Rezanof Drive East. (Anderson/Alwert) AGENDA ADDITIONS VII OLD BUSINESS B) Case 88-027. Request to investigate the rezoning of Lots 4 through 11, Block 3; Lakeside Subdivision from I --Industrial to a different zoning district classification in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 2327, 2289, 2249, 2207, 2165, and 2095 Selief Lane; 443 Von Scheele Way; and, Lot 10 is presently a greenbelt extending from Selief Lane (along Beaver Lake Drive) to Von Scheele Way. (Kodiak Island Borough) VIII NEW BUSINESS A) Permitted Uses in the B--Business Zoning District IX COMMUNICATIONS B) Letter dated June 3, 1988, from Gordon Lewis. C) Womens Bay Comprehensive Planning Committee: May 24, 1988 Minutes (with attachments) KIBS226498 D) Letter dated June 2, 1988, from Yoram Palkovitch with attached map. Planning & Zoning Commission Page 1 of 19 June 15, 1988 Minutes COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda with the corrections and additions 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, 1988 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. IV. AUDIENCE COMMENTS AND APPEARANCE REQUESTS BARBARA MONKIEWICZ appeared before the Commission to request being heard during the Commission's discussion of New Business Item VIII-A. The consensus was to allow Ms. Monkiewicz to present testimony at that time. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 88-026. Request to rezone Lots 39 through 46, Block 12, Aleutian Homes Subdivision from RI —Single -Family Residential to R2--Two-Family Residential; and Lots 17 and 18, Block 8; Lots 1 through 6, Block 11; and Lots 7 and 35 through 38 and 47 through 59, Block 12, Aleutian Homes Subdivision from R1—Single-Family Residential to B—Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. On the north side of the street from 521 through 1119 Mill Bay Road and 111 Birch Street (from Thwing's old key shop to the old Harvester building site). (Property Owners) (Tabled from the May 1988 Regular Meeting) LINDA FREED indicated 351 public hearing notices were mailed for this case in both May and June for a total of 702. Fifteen (15) total responses were returned: 3 in favor; 4 expressing no objection; 4 opposing; 2 stating that if the road was improved they would be in favor; and 2 in favor of rezoning to R2, but against rezoning to Business. Staff recommended the Commission forward this request to the Assembly recommending approval. Regular Session Closed. Public Hearing Opened: TOBY COOK appeared before the Commission and expressed support for this request. Mr. Cook stated that Kodiak's growth has created the need for a change of zoning in this area and that the rezone is necessary and in Kodiak's best interests. IAN SCHOLZ, a property owner in the rezone area, appeared before the Commission and expressed support for this request. Mr. Scholz stated that the rezone will improve the tax base of the area and that families with children do not buy or rent homes in those areas because of the traffic. CRAIG JOHNSON appeared before the Commission and expressed support for this request. Mr. Johnson stated that this was the best compromise. ROBERT GRAY, a property owner in the rezone area, appeared before the Commission and expressed support for this request. Mr. Gray stated that this rezone was one that was needed and that the time was right now. Public Hearing Closed. Regular Session Opened. KIBS226499 A discussion ensued among the Commissioners regarding this rezone request and adequate public notice. The consensus of the Commission was that a rezone of this area would affect everyone who utilized Mill Bay Road, that at least two (2) display advertisements be placed in the local newspaper describing the rezone request in both map form and text, that comments from the Planning & Zoning Commission Page 2 of 19 June 15, 1988 Minutes Kodiak Island Borough School District be solicited, and that another public hearing be held at the July 20, 1988, regular meeting. COMMISSIONER HEINRICHS MOVED TO TABLE Case 88-026 for another public hearing at the July 20, 1988, and directed staff to (a) place at least two (2) display advertisements in the local newspaper describing the rezone request in both map form and text, and (b) solicit written comments from the Kodiak Island Borough School District. The motion was seconded and CARRIED by unanimous roll call vote. LINDA FREED requested clarification from the Commission as to their desire to have the 351 public hearing notices distributed for the July meeting. The consensus of the Commission was that no public hearing notices needed to be sent to property owners of record. B) Case 88-031. Request for review by the Planning and Zoning Commission, in accordance with Section 18.20.030 (Exchange of Real Property) of the Borough Code, of a proposed exchange of Borough -owned land (Portion of Lot 1B, Block 1, Tract A, Old Harbor Townsite) for land owned by the City of Old Harbor (Portions of Lot 2, Block 1, and Lot 1, Block 2, Tract A, Old Harbor Townsite) in order to construct the Old Harbor School Addition; and a Request to rezone Portions of Lot 2, Block 1, and Lot 1, Block 2, Tract A, Old Harbor Townsite from R1--Single-Family Residential to PL--Public Use Lands in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; and a Request for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required), Section 17.57.040 (B.1, B.3, and C)(Parking Area Development Standards), and Section 17.57.060 (B.2)(Off-Street Loading Requirements) of the Borough r Code to permit the new school in Old Harbor to provide less than I the required number of spaces (10 spaces to be provided), and to be exempt from the applicable parking area development standards and off-street loading requirements. (Lot IA-1, Block 1, Tract A, Old Harbor Townsite; Preliminary Plat S-88-011) (Kodiak Island Borough/City of Old Harbor) LINDA FREED indicated 37 public hearing notices were mailed for this case and none were returned. Staff recommended approval of these requests. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a proposed exchange of Borough -owned land (Portion of Lot 1B, Block 1, Tract A, U.S. Survey 4793, Old Harbor Townsite) for land owned by the City of Old Harbor (Portions of Lot 2, Block 1, and Lot 1, Block 2, Tract A, U.S. Survey 4793, Old Harbor Townsite) in accordance with Section 18.20.030 of the Borough Code, in order to construct the Old Harbor School Addition by adopting Planning and Zoning Commission Resolution 88-02-R; and to adopt the findings contained in the staff report dated June 8, 1988 as "Findings of Fact" for this case. The motion was seconded. COMMISSIONER HEINRICHS suggested changing the findings of fact for the land exchange to read: "4. Alternatives: KIBS226500 Because of the desire to locate the new school adjacent to the existing school, the limited area of the existing lot, and topographic and other physical constraints, the area to be Planning & Zoning Commission Page 3 of 19 June 15, 1988 Minutes acquired is the prime location for trade. There was some discussion about relocating the school to an area in the vicinity of the newer Old Harbor subdivisions. 5. Conclusion It is important in the future to identify a school site nearer to the newer subdivision as the population of the community shifts that direction. The new facilities should be sited to avoid conflicts with natural drainages. The new site should also provide safer shelter from tsunami threats by siting it away from the waterfront and at a higher elevation. 6. Recommendation Assuming that the new school construction must take place near the existing facilities, the exchange is necessary to provide the best location for this new school construction at a site which is less than ideal." A discussion ensued among the Commissioners regarding COMMISSIONER HEINRICHS' suggested changes to the findings of fact for the land trade portion of this case. The consensus of the Commission was that COMMISSIONER HEINRICHS' suggested findings of fact be adopted by the Commission. COMMISSIONER KNUDSEN accepted COMMISSIONER HEINRICHS' changes as a friendly amendment to the motion and the The question was called and the motion CARRIED by unanimous roll call vote. LAND TRADE FINDINGS OF FACT r1. Value Determination: I The Kodiak Island Borough Assessing Department has determined the value of the lots to be exchanged. (See letter dated May 23, 1988 from Martin Lydick, Kodiak Island Borough Appraiser) The parcels to be acquired by the Kodiak Island Borough were valued at $1,188 and the value of the property to be disposed of is $787. 2. Marketable Title: Evidence of marketable title of the properties is in the form of a title report from Western Alaska Land Title Company. 3. Terms and Conditions: The Borough will exchange the less valued property in addition to picking up the survey and title costs in exchange for the higher valued parcel and other inkind contributions (such as gravel, equipment, office space, etc.) by the City of Old Harbor. 4. Alternatives: Because of the desire to locate the new school adjacent to the existing school, the limited area of the existing lot, and topographic and other physical constraints, the area to be acquired is the prime location for trade. There was some discussion about relocating the school to an area in the vicinity of the newer Old Harbor subdivisions. 5. Conclusion It is important in the future to identify a school site nearer to the newer subdivision as the population of the community shifts that direction. The new facilities should be sited to avoid conflicts with natural drainages. The new site should also provide safer shelter from tsunami threats by siting it away from the waterfront and at a higher elevation. KIBS226501 Planning & Zoning Commission Page 4 of 19 June 15, 1988 Minutes 6. Recommendation Assuming that the new school construction must take place near the existing facilities, the exchange is necessary to provide the best location for this new school construction at a site which is less than ideal. COMMISSIONER HENDEL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Portions of Lot 2, Block 1, and Lot 1, Block 2, Tract A, U.S. Survey 4793, Old Harbor Townsite from R1--Single-Family Residential to PL--Public Use Lands in accordance with Chapter 17.72 of the Borough Code; and to adopt the findings contained in the staff report dated June 8, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. REZONE FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or A rezone of this lot is needed to support the development of the new school desired by the community of Old Harbor. It is also needed to prevent split lot zoning to occur should the land trade be approved. The rezone is justified because the category is appropriate to the land in question, will permit development of land uses that are envisioned in the comprehensive plan, and is compatible with land use on surrounding properties. 2. Findings as to the Effect a Change or Amendment would have on This rezone will be consistent with the objectives of the 1968 Comprehensive Plan for Old Harbor, which designates this property for "government and religious" land uses. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Sections 17.57.020, 17.57.040, and 17.57.060 of the Borough Code to permit the new school in Old Harbor to provide less than the required number of spaces (10 spaces to be provided) , and to be exempt from the applicable parking area development standards and off-street loading requirements; and to adopt the findings contained in the staff report dated June 8, 1988 as "Findings of Fact" for this case. Lot IA-1, Block 1, Tract A, U.S. Survey 4793, Old Harbor Townsite; Preliminary Plat 5-88-011. The motion was seconded and CARRIED by unanimous roll call vote. VARIANCES 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 The unique conditions applicable to these requests are the nature of the transportation system in Old Harbor, the lack of paved roads, paved parking lots, paving equipment, the lack of a need for an off-street loading berth, and the lack of a need to meet urban parking requirements. Ten (10) parking spaces will be provided which should handle the parking demands generated by the facility. The number of parking spaces is based on information obtained from the high school principal about the parking demand generated by large functions. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the provision of a large (over 100 spaces) paved parking area that would include wheel stops or bumper guards, an off-street KIBS226502 Planning & Zoning Commission Page 5 of 19 June 15, 1988 Minutes r F loading berth and screening between the parking area and adjacent residential parking areas. This would be an unnecessary hardship as no other facilities in Old Harbor have been required to provide these items and there is no need for them. 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 oublic's health, safetv and welfare. The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public's health, safety or welfare of the residents of Old Harbor for the reasons outlined in 1 and 2, above. 4. The granting of the variance Granting of the variance will not be contrary to the objectives of the 1968 Comprehensive Plan for Old Harbor. The use associated with these parking variances is consistent with the comprehensive plan. 5. That actions of the applicant did not cause e_ In this case 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. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The new school building is a permitted land use on this lot in the PL--Public Use Lands Zoning District. C) Case 88-033. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit the construction of a multi -use, clinic facility in a R1--Single-Family Residential Zoning District; and a Request for a variance from Section 17.57.020 (Off -Street Parking --Number of Spaces Required), Section 17.57.040 (B.1, B.3, and C)(Parking Area Development Standards), and Section 17.57.060 (B.2)(Off-Street Loading Requirements) of the Borough Code to permit the new clinic facility in Old Harbor to provide less than the required number of spaces (10 spaces to be provided), and to be exempt from the applicable parking area development standards and off-street loading requirements. (Lots 1A, 2A, 3A, and 4A, Block 1A, Tract F, U.S. Survey 4793) (City of Old Harbor) LINDA FREED indicated 10 public hearing notices were mailed for this case and none were returned. Staff recommended approval of these requests. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a request for an exception from Section 17.18.020 of the Borough Code to permit the construction of a multi -use, clinic facility in a R1--Single-Family Residential Zoning District; and to adopt the findings contained in the staff report dated June 3, 1988, as "Findings of Fact" for this case. The motion was seconded. Planning & Zoning Commission Page 6 of 19 KIBS226503 June 15, 1988 Minutes COMMISSIONER HEINRICHS stated that he was concerned with the villages being routinely granted exceptions for business uses in other zoning districts and that the villages needed to be encouraged to provide for orderly growth by setting aside land for business through rezoning. LINDA FREED noted that all of the villages except Old Harbor had updated comprehensive plans and that the ultimate goal of the comprehensive planning effort was to rezone the villages in accordance with the comprehensive plans. The question was called and the motion CARRIED by unanimous roll call vote. EXCEPTION 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 building will in fact enhance the public's health, safety, and general welfare, as it will function primarily as a clinic. It will also serve as a community building for this residential area of Old Harbor. This site is specifically supported by the City Council as a central location for the community, especially for use as a tsunami safe site. The new facility will be connected to public water and sewer and the structural plans must be approved by the State Fire Marshall. 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 there is a public need for this building to be located in an area safe from tsunami, and the location of the new multi -use, clinic building has been agreed upon by the Old Harbor City Council. C. The proposed use does not appear to adversely impact other properties or uses in the area. The new structure should be about the same size as other buildings in the area and not have substantially different use characteristics or impacts on the surrounding area. COMMISSIONER KNUDSEN MOVED TO GRANT a request for a variance from Section 17.57.020, Section 17.57.040, and Section 17.57.060 of the Borough Code to permit the new clinic facility in Old Harbor to provide less than the required number of spaces (10 spaces to be provided), and to be exempt from the applicable parking area development standards and off-street loading requirements, and to adopt the findings contained in the staff report dated June 3, 1988, as "Findings of Fact" for this case. Lots 1A, 2A, 3A, and 4A, Block 1A, Tract F, U.S. Survey 4793. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226504 Planning & Zoning Commission Page 7 of 19 June 15, 1988 Minutes VARIANCES FINDINGS OF FACT 1. Exceptional the DroDerty or intended use or aeveioDment, which seneraiiv do not aDD1v to other DroDerties in the same land use The unique conditions applicable to this request are the nature of the transportation system in Old Harbor, the lack of paved roads, paved parking lots, paving equipment, the lack of a need for an off-street loading berth, and the lack of a need to meet urban parking requirements. Ten (10) parking spaces will be provided which should handle the parking demands generated by the facility. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the provision of a paved parking area that would include wheel stops or bumper guards, an off-street loading berth and screening between the parking area and adjacent residential parking areas. This would be an unnecessary hardship as no other facilities in Old Harbor have been required to provide these items and there is no need for them. 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, safetv and welfare. The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public's health, safety or welfare of the residents of Old Harbor for r the reasons outlined in 1 and 2, above. I4. The ¢rantine 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 1968 Comprehensive Plan for Old Harbor as long as the exception for the proposed use is granted. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The multi -use, clinic building will be a permitted land use on this lot in the R1--Single-Family Residential Zoning District only if the exception request is granted. D) Case 88-034, Request for a variance from Section 17.19.040 (Yards) I of the Borough Code to permit a six by fifteen (6 x 15) foot arctic entry addition onto the existing single-family residence to encroach two and a half (2.5) feet into the required eleven and a half (11.5) foot front yard setback in a R2--Two-Family Residential Zoning District. Lot 6, Block 13, Aleutian Homes Subdivision; 515 Carolyn Street. (JoJo DeLeon) LINDA FREED indicated 47 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: KIBS226505 Planning & Zoning Commission Page 8 of 19 June 15, 1988 Minutes r r r Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT a request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a six by fifteen (6 x 15) foot arctic entry addition onto the existing single-family residence to encroach two and a half (2.5) feet into the required eleven and a half (11.5) foot front yard setback in a R2--Two-Family Residential Zoning District, and to adopt the findings contained in the staff report dated June 2, 1988, as "Findings of Fact" for this case. Lot 6, Block 13, Aleutian Homes Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 2 3. 4 5. KIBS226506 to the DroDerty or intenaea use ox aeveiopmenr, wnicn Reneraiiv same Tana use t. In this case, the exceptional physical condition is the placement of the existing structure on the lot, 15 feet from the Carolyn Street right-of-way. Any addition of an arctic entry will require a variance. The house was built as part of the Aleutian Homes project and during this time arctic entryways were not typically included on structures nor were the Aleutian Homes sited in such a manner as to allow for their addition without encroaching into required setbacks. In addition, the homes to the west of the subject property have grandfathered arctic entryways or porches which reduce the required front yard setback to 11.5 feet. Strict application of the zoning ordinances nractical difficulties or unnecessary hardshi The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes and surrounding subdivisions have arctic entries. The granting of the variance will not result in material damages or nrejudice to other Droperties in the vicinitv nor to the public's health, sa Granting of this variance will not result in material damages or prejudice to other properties in the area. The addition of this mud room will not block sight distance along Carolyn Street or for adjoining lots. No off-street parking will be eliminated. A substantial number of other residences in the area have arctic entries and the Commission has granted variances in the past for arctic entry additions. The granting of 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 addition will not increase the existing density or change the permitted land uses. actions of the applicant did not cause special conditions In this case, actions of the applicant may have caused the conditions from which relief is being sought by a variance. The variance will not be decided prior to construction of the Planning & Zoning Commission Page 9 of 19 June 15, 1988 Minutes arctic entry, but it will be decided prior to the completion of the arctic entry. It appears that the entry was started prior to requesting the variance only due to the lack of knowledge about the zoning requirements by the applicant. 6. That the granting of the variance will not permit a prohibited Single-family residences are a permitted land use in this district. E) Case 88-035. Request to rezone Lot 1, Block 14, Tract A, Larsen Bay Townsite from R1--Single-Family Residential to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; and a Request for a conditional use permit in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single-family residence, not exceeding fifty (50) percent of the area of the structure, to locate within a structure containing a business (restaurant) in a B--Business Zoning District; and a Request for a variance from Section 17.57.020 (Off-street Parking --Number of Spaces Required), Section 17.57.040 (B.3 and C) (Parking Area Development Standards), and Section 17.57.060 (C.3) (Off -Street Loading Requirements) of the Borough Code to allow the permitted business (proposed restaurant), and a single-family residence to provide only fourteen (14) off-street parking spaces instead of the required thirty-eight (38) off-street parking spaces and to be exempt from the applicable parking area development standards and off-street loading requirements. Lot 1, Block 14, Tract A, Larsen Bay Townsite. (Darlene Johnson/Steve and Jeannie Munn) LINDA FREED indicated 10 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff also included with the additional handouts for this meeting letters of support from the Larsen Bay City Council and from an adjacent property owner which were submitted with the application. 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 RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 1, Block 14, Tract A, Larsen Bay Townsite, U.S. Survey 4872 from Rl--Single-Family Residential to B--Business, and to adopt the findings contained in the staff report dated June 2, 1988, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. REZONE FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of this lot is needed to support the business development desired by the community of Larsen Bay. It is also needed since there is no property in Larsen Bay that is zoned business, which hinders most economic development in the community. The rezone is justified because the category is appropriate to the land in question, will permit development of land uses that are envisioned in the comprehensive plan, and is compatible with land use on surrounding properties. KIBS226507 Planning & Zoning Commission Page 10 of 19 June 15, 1988 Minutes r r r KIBS226508 2. 9 This rezone will be consistent with the objectives of the 1984 Larsen Bay Comprehensive Development Plan. COMMISSIONER HENDEL MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030(D) of the Borough Code to permit a single-family residence, not exceeding fifty (50) percent of the area of the structure, to locate within a structure containing a business (restaurant) in a B--Business Zoning District, and to adopt the findings contained in the staff report dated June 2, 1988, as "Findings of Fact" for this case. The Commission also finds that no additional screening between the proposed development and Lots 2 and 4, Block 14, is required. Lot 1, Block 14, Tract A, Larsen Bay Townsite, U.S. Survey 4872. The motion was seconded and CARRIED by unanimous roll call vote. 2. 3 4. USE PERMIT FINDINGS OF FACT That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed single-family residence meets all the standards for a single-family residence within a commercial structure. The residence will comprise 800 square feet (25%) of the 3,200 square foot structure. A residence of this size should not detract from the primary use of this and potentially surrounding properties for commercial purposes. In addition, the residence is integrally tied to the business use of the structure (a restaurant) through a common kitchen and wash area. ter to use The use of the lot for a business (restaurant) and a single-family residence will meet all zoning regulations if the requested parking variances are granted. 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 all building, fire, and plumbing codes are met and performance standards for groundcover, lighting, and screening are complied with (Section 17.21.050). Although the applicant has requested a variance from the screening requirement in the parking standards, so the Commission must determine if additional screening is required. With the variety of uses in the area, staff does not believe that additional screening is necessary for the proposed use. That sufficient setbacks. lot area. buffers or other sec As shown on the site plan, sufficient lot area is available for the structure, needed off-street parking, and area for additional parking should the dwelling unit be converted to a commercial land use in the future. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.57.020, Section 17.57.040 (B.3 and C), and Section 17.57.060 (C.3) of the Borough Code to allow the permitted business (proposed restaurant), and a single-family residence to provide only fourteen (14) off-street parking spaces instead of the required thirty-eight (38) off-street parking spaces and to be exempt from the applicable parking area development standards and off-street loading requirements, and to adopt the findings contained in the staff report dated June 2, 1988, as "Findings of Planning & Zoning Commission Page 11 of 19 June 15, 1988 Minutes F r r Fact" for this case. Lot 1, Block 14, Tract A, Larsen Bay Townsite, U.S. Survey 4872. The motion was seconded and CARRIED by unanimous roll call vote. VARIANCES FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to do not apply to other properties in the same land use district. According to the City of Larsen Bay (Dave Easter, personal communication, May 31, 1988) there are only about thirty (30) vehicles in Larsen Bay and many families own more than one (1) vehicle. At community events, the largest parking demand has historically been for about ten (10) vehicles. The applicant is proposing to provide fourteen (14) parking spaces (12 for the restaurant and 2 for the residence). Based on historical activity, this should be more than adequate. There is space on the property for additional parking spaces should it be needed in the future. With reference to the parking standards and off-street loading requirement, these requirements are not generally applicable or necessary in a village. This business property is subject to conditions quite different from the "urban business district." 2. Strict application of the zoning ordinances would result in ...-u..f4-1 .,4FF4....1t4.... .... 1%­A. S,4. The practical difficulty and unnecessary hardship in this case is the lack of vehicles and parking demand in Larsen Bay. The zoning code has requirements that are most applicable to the Kodiak urban area; meeting these requirements in Larsen Bay where these requirements are not needed would indeed be a practical difficulty and unnecessary hardship. 3. The granting of the v damages or prejudice to be detrimental to the pt nor The granting of the requested variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, or general welfare. No other business or institutional use in the community currently meets the parking requirements of the zoning code, so granting this variance will not prejudice the development of other properties in the community. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of this variance is not contrary to the objectives of the comprehensive plan. The comprehensive plan identifies the proposed use associated with this request as appropriate for this lot. Comprehensive plans generally do not address associated development activities like parking. 5. That actions of the applicant did not cause special conditions or financial hardshio from which relief is beine sought by the The applicant has not caused conditions or financial hardship or inconvenience from which relief is being sought by a variance. The request will be decided prior to any development taking place. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting this variance will not permit a prohibited lard use in this district. Planning & Zoning Commission Page 12 of 19 KIBS226509 June 15, 1988 Minutes COMMISSIONER ANDERSON noted that he had a conflict of interest and passed the gavel to COMMISSIONER HEINRICHS. F) Case 88-036. Request to rezone a Portion of Tract C-1, U.S. Survey 1682 and Lots 3 and 4, Block 1, Kadiak Alaska Subdivision 1st Addition from R2--Two-Family Residential and R3--Multifamily Residential to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 3472, 3420 and 3310 Rezanof Drive East. (Anderson/Alwert) LINDA FREED indicated 64 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 expressing "no objection" but asking whether this request was compatible with the new hospital. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: DON LAWHEAD appeared before the Commission and expressed no objection to this request, after Mr. Anderson explained the proposal. GREG SPALINGER appeared before the Commission and expressed support for this request. ALAN AUSTERMAN appeared before the Commission and expressed support for this request. TUCK BONNEY appeared before the Commission and expressed opposition to this request. Mr. Bonney read a prepared statement (after giving copies to the Commissioners) and distributed pictures depicting some of the business uses along Mill Bay Road. Mr. Bonney stated that the Borough Code needed to be revised to establish different sets of permitted uses in business zoning r districts to provide for compatibility with the surrounding areas, I emphasizing that the current code allows uses that are incompatible with residential and rural residential neighborhoods in Kodiak. Mr. Bonney also emphasized that a new comprehensive plan for this area needed to be completed prior to rezoning any property in this area. MICHAEL ANDERSON appeared before the Commission and expressed support for this request. Mr. Anderson noted several businesses along Mill Bay Road that would be compatible with this area along Rezanof Drive East and stated that he intended to increase the values in the neighborhood by providing attractive business development. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL requested information from Community Development Department staff regarding the revision of the Borough Code as it pertains to Business Zoning Districts 1, 2, and 3. LINDA FREED noted that if new zoning districts were provided, the first step would be to map the areas, then all vacant land within the new boundaries would have to develop according to the new rules, that existing businesses (including those issued zoning compliance and building permits) would operate under the old rules until such time that the business use changed, and that this could be enforced at the time of issuance of zoning compliance. COMMISSIONER KNUDSEN asked if the existing businesses would become "grandfathered." LINDA FREED noted that they would become "nonconforming uses and structures;" and if and when the use changed, the new regulations would apply. COMMISSIONER THOMPSON stated that he was in favor of the rezone and that he was also in favor of developing new business district regulations in the Borough Code. KIBS226510 Planning & Zoning Commission Page 13 of 19 June 15, 1988 Minutes COMMISSIONER KNUDSEN stated that she was undecided as other rezone requests in the area had been denied by the Commission. COMMISSIONER HEINRICHS asked Mr. Anderson about the infrastructure. Mr. Anderson responded that the line of sight was excellent and the water and sewer would be provided from Puffin Drive. COMMISSIONER HARTT stated that the area would be good for medical oriented businesses. COMMISSIONER HENDEL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of a Portion of Tract C-13 U.S. Survey 1682 and Lots 3 and 4, Block 1, Kadiak Alaska Subdivision 1st Addition from R2--Two-Family Residential and R3--Multifamily Residential to B--Business in accordance with Chapter 17.72 of the Borough Code, and to adopt the findings contained in the staff report dated June 3, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by majority roll call vote. Commissioner Knudsen voted "no." FINDINGS OF FACT A. Findings as to the Need and Justification for a Change or Amendment. A rezone from R3--Multifamily Residential to B--Business is needed or justified because the business district permits development that will be generally compatible with nearby residential, institutional, and approved business uses, is in keeping with the existing and emerging development pattern along Rezanof Drive and will not result in adverse traffic and access impacts. B. Findings as to the Effect a Change or Amendment would have on r the Objectives of the Comprehensive Plan. IA rezone to B--Business is only generally consistent with the comprehensive plan which designates this area for mobile home parks. It should be noted that while this designation can be considered to be out-of-date for this property, it is a very intensive development classification, generally similar in characteristics to commercial land uses. ANDERSON returned to the Planning and Zoning Commission. G) Case S-88-009. Request for preliminary subdivision of Lot 6, Block 2, Woodland Acres Subdivision Second Addition to Lots 6A and 6B. (Cathy Stevens) DAVE CROWE indicated 27 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended preliminary 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 preliminary approval of the subdivision of Lot 6, Block 2, Woodland Acres Subdivision Second Addition to Lots 6A and 6B, subject to conditions 1, 3, 4, and 5 outlined in the memorandum from the Borough Engineer dated June 7, 1988. The motion was seconded. A discussion ensued among the Commissioners regarding the deletion of condition of approval number 2. DAVE CROWE responded to a question from the Commission by noting that it was a part of common law that "Natural streams and drainage courses shall not be blocked KIBS226511 Planning & Zoning Commission Page 14 of 19 June 15, 1988 Minutes or impeded." COMMISSIONER HEINRICHS stated that the condition was just extra clutter on a plat. The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Delineate a front yard setback of 50 feet for Lot 6B, measured r- from the rear of Lot 6A. 2. Deleted. 3. Show the existing 20-foot-wide utility easement across the rear of Lot 6B. 4. Show the radial bearings for the monuments on the Woodland Drive right-of-way on the final plat. 5. Show the "Basis of Bearing" on the final plat. H) Case S-88-010. Request for preliminary subdivision of a Portion of U.S. Survey 3879 (West Shore, Uganik Bay) to Tracts A-1 through A-4, B-1 through B-4, and C-1 through C-4, each tract totaling ten -plus acres. (John Bell Clayton III) DAVE CROWE indicated 8 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request. Regular Session Closed. Public Hearing Opened: CRAIG JOHNSON appeared before the Commission and expressed support r for this request. SHARLENE SULLIVAN appeared before the Commission and expressed support for this request. Ms. Sullivan asked if vehicles would be prohibited on the foot path easement. A discussion ensued among the Commissioners, with input from Engineering Department staff, Ms. Sullivan, Mr. Johnson, and Community Development Department staff regarding the foot path access easement. The consensus of the Commission was that if the applicant wanted to make the access easement for pedestrian traffic only, the applicant could do that by providing a note on the final plat anytime until the plat was recorded. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of a Portion of U.S. Survey 3879 (West Shore, Uganik Bay) to Tracts A-1 through A-4, B-1 through B-4, and C-1 through C-4, each tract totaling ten -plus acres, subject to conditions 2A through 2E and 3 outlined in the memorandum from the Borough Engineer dated June 7, 1988. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Deleted. 2. Make the following technical corrections on the final plat: (a) Show the bearing for the boundary common to Tracts A-1, A-2, B-1, and B-2 with Tracts A-3, A-4, B-3, and B-4. (b) Correct the distance along the westerly boundary of the unsubdivided portion of U.S. Survey 3879 to 660 feet. KIBS226512 Planning & Zoning Commission Page 15 of 19 June 15, 1988 Minutes (c) Show the distance along the easterly boundary of Tract C-2. (d) Correct the distance along meander course 3 to 153.50 feet. (e) Show the distance from the witness corner to the meander corner along the boundary between Tracts C-1 and C-3 and set the witness corner. 3. Show the legal description for the subdivision area. I) Case S-88-011. Request for the vacation of Lots 1A, 1B, and 2, Block 1; Lots 1 and 2, Block 2; and a Portion of Salmonberry Avenue, Tract A, Old Harbor Townsite, U.S. Survey 4793; and replat to Lots IA-1 and 2A, Block 1; and Lot 1A, Block 2, Tract A, Old Harbor Townsite (School Site). (Kodiak Island Borough) DAVE CROWE indicated 57 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary 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 preliminary approval of the vacation of Lots 1A, 1B, and 2, Block 1; Lots 1 and 2, Block 2; and a Portion of Salmonberry Avenue, Tract A, Old Harbor Townsite, U.S. Survey 4793; and replat to Lots 1A-1 and 2A, Block 1; and Lot 1A, Block 2, Tract A, Old Harbor Townsite (School Site). The motion was seconded and CARRIED by unanimous roll call vote. J) Case S-88-012. Request for preliminary subdivision of Tract E-2, U.S. Survey 1396 to Tracts E-2A and E-2B. (City of Kodiak) DAVE CROWE indicated 54 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary 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 preliminary approval of the subdivision of Tract E-2, U.S. Survey 1396 to Tracts E-2A and E-2B, subject to the two (2) conditions outlined in the memorandum from the Borough Engineer dated June 7, 1988. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Provide a five -foot -wide electrical easement along the Chichenoff Street right-of-way. 2. Clarify that the existing ten -foot -wide easement along the northeasterly boundary of Tract E-2A is a utility easement. K) Case S-88-013. City Tidelands Tract N-32 Amended. (City of Kodiak) DAVE CROWE indicated 29 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request. KIBS226513 Planning & Zoning Commission Page 16 of 19 June 15, 1988 Minutes Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of Case �+- S-88-013, Amended City Tideland Tract N-32B. The motion was Iseconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Clarification of the Planning and Zoning Commission's interpretation of "recreational mining activities." COMMISSIONER HEINRICHS MOVED TO CLARIFY the interpretation of mining activities that are defined as a recreational activity to read: The following mining activities are defined as a "recreational activity" under Chapter 17.13 of the Kodiak Island Borough Code: 1. The use of hand held equipment such as gold pans, picks, shovels, etc. 2. The use of a sluice box with maximum dimensions of twelve (12) square feet, per individual recreational miner. 3. The use of a suction dredge with an intake hose having an inside diameter not exceeding four (4) inches and a motor not exceeding eight (8) horsepower, per individual recreational miner. All other mining activities that do not meet the three (3) performance standards noted above are defined as "resource extraction activities". The motion was seconded and CARRIED by unanimous roll call vote. LINDA FREED noted that (1) an inspection of Tugidak Island was scheduled for June 20, 1988; (2) the U.S. Coast Guard would be flying two Alaska Department of Fish and Game employees and one National Marine Fisheries Service employee; and (3) the Borough would be flying two Alaska Department of Natural Resources employees, one Alaska Department of Environmental Conservation employee, herself, and two Planning and Zoning Commissioners. COMMISSIONER THOMPSON and COMMISSIONER HEINRICHS volunteered to go. B) Case 88-027. Request to investigate the rezoning of Lots 4 through 11, Block 3, Lakeside Subdivision from I --Industrial to a different zoning district classification in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. 2327, 2289, 2249, 2207, 2165, and 2095 Selief Lane; 443 Von Scheele Way; and, Lot 10 is presently a greenbelt extending from Selief Lane (along Beaver Lake Drive) to Von Scheele Way. (Kodiak Island Borough) COMMISSIONER THOMPSON MOVED TO remove Case 88-027 from the table. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HENDEL MOVED TO TABLE Case 88-027 until the September regular meeting and to designate one worksession per month to this topic. The motion was seconded and CARRIED by unanimous roll call vote. The consensus of the Commission was to schedule the June 22, 1988, Planning and Zoning Commission worksession for discussion of this item. There was no further old business. KIBS226514 Planning & Zoning Commission Page 17 of 19 June 15, 1988 Minutes VIII. NEW BUSINESS A) Permitted Uses in the B--Business Zoning District BARBARA MONKIEWICZ appeared before the Commission and stated that last night (June 14, 1988), a joint Womens Bay Community Council and Comprehensive Planning Committee meeting was held. The major topic of discussion was a proposed four-plex on Lot 10, Block 1, Russian Creek Alaska Subdivision. Ms. Monkiewicz noted that the proposed four-plex has created a lot of concerns in the community: concern about an adequate septic system for the proposed multifamily unit and concern about such high density residential development being right across the street from low density residential development. Ms. Monkiewicz noted that Linda Freed had attended the meeting and Ms. Freed had outlined four (4) possible solutions or partial solutions to the problem: 1. to require written Alaska Department of Environmental Conservation (ADEC) approval for a septic system design prior to issuing zoning compliance for triplexes and larger residential structures, public and institutional buildings, and commercial structures; 2. to amend the zoning code immediately so that apartments, hotels, and motels are permitted in the business district only when public sewer and water service is available; 3. to rezone all of the "back lots" (i.e., those lots that do not have frontage on Rezanof Drive West) from B--Business to RR1--Rural Residential One; and 4. to establish a new "rural business district" that is more compatible with rural land development patterns and the size and capability of rural lots. Ms. Monkiewicz noted that the consensus of the group was to request support from the Planning and Zoning Commission for items 1, 2, and 4 above. The group would like the Commission's favorable recommendation on items 1 and 2 tonight. A discussion ensued among the Commissioners, Ms. Monkiewicz, and Community Development Department staff. The consensus of the Commission was that a rezone (number 3 above) was the most appropriate. As a result of this discussion, it came to the attention of Community Development Department staff that Borough administrative procedures formerly required written Alaska Department of Environmental Conservation (ADEC) approval for a septic system design prior to issuing a building permit for triplexes and larger residential structures, public and institutional buildings, and commercial structures. LINDA FREED noted that she would investigate this issue further. There was no further new business. IX. COMMUNICATIONS COMMISSIONER THOMPSON MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Womens Bay Comprehensive Planning Committee: May 10, 1988 Minutes (Joint Meeting with the Womens Bay Community Council) Public Meeting Notice (distributed May 26, 1988) B) Letter dated June 3, 1988, from Gordon Lewis. C) Womens Bay Comprehensive Planning Committee: May 24, 1988 Minutes (with attachments) KIBS226515 Planning & Zoning Commission Page 18 of 19 June 15, 1988 Minutes D) Letter dated June 2, 1988, from Yoram Palkovitch with attached map. There were no further communications. X. REPORTS COMMISSIONER HENDEL 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. jl COMMISSIONER HEINRICHS requested further information regarding the Certificate of Occupancy Checklist noted in the Status Report. A discussion ensued among the Commissioners and Community Development Department staff. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER KNUDSEN MOVED TO DIRECT STAFF to investigate a revision of the Building Code to require written Alaska Department of Environmental Conservation (ADEC) approval for a septic system design prior to issuing zoning compliance for triplexes and larger residential structures, public and institutional buildings, and commercial structures. The motion died for the lack of a second. COMMISSIONER HEINRICHS MOVED TO DIRECT STAFF to report on (1) the administrative requirements of the Building Code and (2) the actual administrative practice of administering the Building Code requirements. The motion was seconded and CARRIED by unanimous voice vote. r A discussion ensued among the Commissioners, Community Development S Department staff, and Alan Austerman regarding the review process on the Building Code revisions noted in the Assembly's Agenda for June 16, 1988. The consensus of the Commission was that the Building Code revisions needed public comments on the technical basis (a task force which included contractors to review the revisions) before being adopted by the Assembly. Mr. Austerman stated that he would bring this issue to the Assembly's attention at the June 16, 1988, regular meeting. XIII. ADJOURNMENT CHAIRMAN ANDERSON adjourned the meeting at 11:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY:!/I V�IAA�CA u1.�. Michael W. Anderson Vice Chairman ATTEST F By: . Patricia Miley, reetary Community Develo nt Department DATE APPROVED: S� a'D, 19 g $, A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226516 Planning & Zoning Commission Page 19 of 19 June 15, 1988 Minutes