1988-07-20 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JULY 20, 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 June 15, 1988
V AUDIENCE COMMENTS AND APPEARANCE REQUESTS
A) Case 87-044. Request for a two (2) year extension for a previously
approved variance that permitted the construction of a parking deck
projecting into the Cope Street right-of-way in a R2--Two-Family
Residential Zoning District. Lot 34B, Block 19, Kodiak Townsite; 311
Cope Street. (Margaret E. Bosworth)
B) Case 84-093. Request for a two (2) year extension for previously
approved exceptions and variances that permitted 69 kV electrical
transmission lines and towers (Cannery Transmission Line) to locate in
B--Business, C--Conservation, PL--Public Use Lands, and R2--Two-Family
Residential Zoning Districts. The lines run from the Swampy Acres
substation to the Tagura Road facility. (Kodiak Electric Association)
C) Request for Planning and Zoning Commission review and findings pursuant
to Section 17.21.050(C) (Performance Standards) of the Borough Code to
(1) determine if Lot 17, Block 1, Airpark Subdivision shall provide and
maintain screening where it is adjacent to a residential use or
district, and (2) define the screening required by Planning and Zoning
Commission. (Thomas W. Templeton)
D) Case 87-039. Request for a one (1) year extension for a previously
approved variance that permitted an eight (8) foot chain link fence to
project into the Shelikof Street right-of-way in a B--Business Zoning
District. Lot 19A, Block 18, Kodiak Townsite; 410 Shelikof Street.
(Ursin Seafoods, Inc.)
VI PUBLIC HEARINGS
KIBS226518
A) Case 88-026. Request to rezone Lots 39 through 46, Block 12, Aleutian
Homes Subdivision from R1—Single-Family Residential to R2—Two-Fad1y
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 and
June 1988 Regular Meetings)
1 B) Case 88-037. Request for a variance from Section 17.36.030
(Nonconforming Lots of Record) of the Borough Code to permit a
two-family dwelling unit (duplex) to locate on a nonconforming lot of
record (substandard lot area and width) instead of only a single-family
residence in a R3--Multifamily Residential Zoning District. Lot 10,
Block 5, Leite Addition; 1512 Mission. (R. Marasigan)
C) Case 88-038. Request for an exception pursuant to Section 17.03.060
(Building Permits) of the Borough Code to permit grading (rock
extraction) in a C--Conservation Zoning District in order to realign and
lengthen the existing rifle range located on Tract A of BLM Tract D,
Alaska Division of Lands Survey 36049, commonly known as the V.F.W.
site; located off Monashka Bay Road, approximately one mile past the
P & Z Regular Meeting Agenda Page 1 of 3 July 20, 1988
Timberline Sawmill. (Kodiak Island Sportsman's Association; V.F.W.;
Kodiak Island Borough)
D) Case 88-039. Request for a conditional use permit in accordance with
Section 17.33.030 (Conditional Uses) of the Borough Code to permit an
airport related activity (three buildings, each twenty by twenty feet,
for float plane ticket sales, dispatch, and a waiting room) to locate in
the PL--Public Use Lands Zoning District on the St. Paul Harbor Spit
adjacent to the Kodiak Cafe. (City of Kodiak/Uyak Air Service)
E) Case 88-040. Request for a variance from Section 17.57.020(D)
t (Off -Street Parking --Number of Spaces Required) of the Borough Code to
permit two hundred thirty-four (234) parking spaces to meet the
requirements for both a shopping mall and a movie theater when the hours
of operation of the two uses will overlap. Tracts S-4A-1 and S-4A-2,
U.S. Survey 3218; 2645 and 2675 Mill Bay Road. (Mill Bay Plaza
Association)
F) Case 88-041. Request for a variance from Section 17.24.040 (Yards) of
the Borough Code to permit Tract S-4A-2, U.S. Survey 3218, to be
developed with a front yard setback as required in the B--Business
Zoning District [forty (40) feet from the centerline of Mill Bay Road],
rather than the fifty (50) foot front yard setback required in the
I --Industrial Zoning District; and a
Request to rezone Lot 1A, Block 1, Tract M, and Tracts
S-4A-1 and S-4A-2, U.S. Survey 3218 from I --Industrial to B--Business in
accordance with Chapter 17.72 (Amendments and Changes) of the Borough
Code. Commonly known as the Buggy Banya and Safeway Store; 2597, 2645,
and 2675 Mill Bay Road. (Mill Bay Plaza Association/Alagnak, Inc.)
G) Request
for a variance
in accordance with Section 16.100.010 (Variances)
of the
Borough Code to
permit the subdivision of Lot 3, Block 4, Miller
Point Alaska Subdivision First Addition into Lots 3-A, 3-B, 3-C, 3-D,
3-E and 3-F with three (3) flag stems with widths less than the required
thirty
(30) foot width.
(Island Properties, Inc.)
H) Case 87-056. Review of preliminary approval for a conditional use
permit in accordance with Section 17.13.030 (Conditional Uses) of the
Borough Code to permit resource extraction activities (placer mining) in
a C--Conservation Zoning District within a Portion of Section 13,
Township 43 South, Range 35 West, Seward Meridian (approximately 80
acres within Gold Seed Claims Number 9 and 10) on Tugidak Island. The
resource extraction activities will consist of the primary mining
activities on Claim Number 10 and base camp and processing activities on
Claim Number 9. Intertidal beach sands will be extracted by a dragline
bucket or loader. The extracted materials will be processed using a
power screen concentrator and magnetic separator. Processed materials
will be returned to the approximate point of origin and recontoured by a
bulldozer. The maximum quantities extracted and processed will be three
hundred (300) cubic yards per day. The extraction activities will be
supported by miscellaneous equipment, a base camp, a wastewater disposal
system, and fuel and oil supplies associated with placer mining.
Approximate base camp and mining activity areas are shown on the public
hearing notice maps. (Donald E. Brister/State of Alaska Department of
Natural Resources)
The purpose of this bearing is to conduct a final review of the
r conditional use permit as a result of the issuance of a conclusive
!II consistency determination for this project by the State of Alaska. The
Planning and Zoning Commission may modify or expand the conditions of
approval as part of this final review.
I) Case S-88-014. Request for preliminary approval of the subdivision of
Lot 16, U.S. Survey 3103 to Lots 16A and 16B. 3032 Peninsula Road,
Island Lake (Phil and Lisa Robbins)
J) Case S-88-015. Request for preliminary approval of the subdivision of a
Portion of Tract C of BIM Tract D creating Lot 1, Tract C of BIM Tract
D, Pillar Creek Hatchery Site. Located within Section 30, Township 27
South, Range 19 West, Seward Meridian. (State of Alaska Department of
Fish and Game)
KIBS226519
P & Z Regular Meeting Agenda Page 2 of 3 July 20, 1988
r-
K) Case S-88-016. Request for vacation of Tracts S-4A-1 and S-4A-2, U.S.
Survey 3218 and replat to Tracts S-4A-lA, S-4A-1B, S-4A-IC, and S-4A-2A.
The Safeway Store tract and the adjacent tract; 2645 and 2675 Mill Bay
Road. (Mill Bay Plaza Associates)
L) Case 88-042. Request for a conditional use permit in accordance with
Section 17.10.030 (Conditional Uses) of the Borough Code to permit a
communication facility to locate in the Conservation Zoning District on
a Portion of Section 31, Township 27 South, Range 20 West, Seward
Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The
facility will consist of a hundred (100) foot self-supporting tower and
a ten by twelve (10 x 12) foot building (containing radio transceivers
and equipment storage) on a 22,500 square foot area approximately 920
feet from the White Alice Site on Pillar Mountain. (State of Alaska
Division of Telecommunications/City of Kodiak)
VII OLD BUSINESS
A) Report: Administrative procedures for septic system approval prior to
the issuance of a building permit.
VIII NEW BUSINESS
IX COMMUNICATIONS
A) Letter dated June 16, 1988, re: Clarified Interpretation of Mining as a
Recreational Activity in C--Conservation Zoning Districts (with
attachment).
B) Community Development Department forms:
Building Something? Anytbing?
Checklist for Certificates of Occupancy (C.O.)
Zoning Compliance
C) Letter dated July 7, 1988, from John A. Parker, re: a request for
consideration to exchange lands (with attachments).
X REPORTS
A) Community Development Department Monthly Status Report - June 1988
B) City Tax form letters 1 and 2.
XI AUDIENCE COMMENTS
XII COMMISSIONERS' COMMENTS
XIII ADJOURNMENT
The public is invited to attend the packet review worksession for these agenda
items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m, the
preceding Wednesday.
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Minutes for this meeting are available upon request, call the Community
Development Department at 486-5736, extension 256.
P & Z Regular Meeting Agenda Page 3 of 3
KIBS226520
July 20, 1988
KODIAK ISLAND BOROUGH
PLANNING AND ZONING CONIIISSION
REGULAR MEETING - JULY 20, 1988
7:30 p.m.
AGENDA CORRECTIONS
(Agenda Corrections are in "bold" and underlined.)
VI PUBLIC HEARINGS
F) Case 88-041. Request for a variance from Section 17.24.040 (Yards) of
the Borough Code to permit Tract S-4A-1, U.S. Survey 3218, to be
developed with a front yard setback as required in the B--Business
Zoning District [forty (40) feet from the centerline of Mill Bay Road],
rather than the fifty (50) foot front yard setback required in the
I --Industrial Zoning District; and a
Request to rezone Lot 1A, Block 1, Tract M, and Tracts
S-4A-1 and S-4A-2, U.S. Survey 3218 from I --Industrial to B--Business in
accordance with Chapter 17.72 (Amendments and Changes) of the Borough
Code. Commonly known as the Buggy Banya and Safeway Store; 2597, 2645,
and 2675 Mill Bay Road. (Mill Bay Plaza Association/Alagnak, Inc.)
L) Case 88-042. Request for a conditional use permit in accordance with
Section 17.13.030 (Conditional Uses) of the Borough Code to permit a
communication facility to locate in the Conservation Zoning District on
a Portion of Section 31, Township 27 South, Range 20 West, Seward
Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The
facility will consist of a hundred (100) foot self-supporting tower and
a ten by twelve (10 x 12) foot building (containing radio transceivers
and equipment storage) on a 22,500 square foot area approximately 920
feet from the White Alice Site on Pillar Mountain. (State of Alaska
Division of Telecommunications/City of Kodiak)
KIBS226517
Agenda Corrections Page 1 of 1 P&Z: July 20, 1988
I
II
III
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JULY 20, 1988
CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission
was called to order at 7:30 p.m. by Chairman Steve Rennell
on July 20, 1988 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present: Others Present:
Steve Rennell, Chairman Linda Freed, Director
Mike Anderson Community Development Dept.
Robin Heinrichs Duane Dvorak, Associate
Tom Hendel Planner - Long Range
Planning, Community
Development Dept.
Patricia Miley, Secretary
Community Development Dept.
Dave Crowe, Borough Engineer
Commissioners Absent:
Jon Hartt, Excused
Mary Lou Knudsen, Excused
Scott Thompson, Excused
A quorum was established.
APPROVAL OF AGENDA
Staff reported the following corrections to the agenda:
AGENDA CORRECTIONS
(Agenda Corrections are in "bold" and underlined.)
VI PUBLIC HEARINGS
F) Case 88-041. Request for a variance from Section
17.24.040 (Yards) of the Borough Code to permit
Tracts 4A-1, U.S. Survey 3218, to be developed
with a front yard setback as required in the
B--Business Zoning District [forty (40) feet from
the centerline of Mill Bay Road], rather than the
fifty (50) foot front yard setback required in the
I --Industrial Zoning District; and a
Request to rezone Lot 1A, Block 1,
Tract M, and Tracts S-4A-1 and S-4A-2, U.S. Survey
3218 from I --Industrial to B--Business in
accordance with Chapter 17.72 (Amendments and
Changes) of the Borough Code. Commonly known as
the Buggy Banya and Safeway Store; 2597, 2645, and
2675 Mill Bay Road. (Mill Bay Plaza
Association/Alagnak, Inc.)
L) Case 88-042. Request for a conditional use permit
in accordance with Section 17.13.030 (Conditional
Uses) of the Borough Code to permit a
communication facility to locate in the
Conservation Zoning District on a Portion of
Section 31, Township 27 South, Range 20 West,
Seward Meridian on Pillar Mountain, a Portion of
U.S. Survey 3945. The facility will consist of a
hundred (100) foot self-supporting tower and a ten
by twelve (10 x 12) foot building (containing
radio transceivers and equipment storage) on a
22,500 square foot area approximately 920 feet
Page 1 of 26
P&Z Minutes: July 20, 1988
KIBS226521
from the White Alice Site on Pillar Mountain.
(State of Alaska Division of
Telecommunications/City of Kodiak)
COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the
corrections 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
June 15, 1988, Planning and Zoning Commission regular
meeting as presented. The motion was seconded and CARRIED
by unanimous voice vote.
V AUDIENCE COMMENTS AND APPEARANCE REQUESTS
A) Case 87-044. Request for a two (2) year extension for
a previously approved variance that permitted the
construction of a parking deck projecting into the Cope
Street right-of-way in a R2--Two-Family Residential
Zoning District. Lot 34B, Block 19, Kodiak Townsite;
311 Cope Street. (Margaret E. Bosworth)
COMMISSIONER ANDERSON MOVED TO GRANT a two (2) year
extension for a previously approved variance that
permitted the construction of a parking deck projecting
into the Cope Street right-of-way in a R2--Two-Family
Residential Zoning District. Lot 34B, Block 19, Kodiak
Townsite, and to reaffirm the conditions of approval
and the findings of fact contained in the staff report
dated August 51 1987. The motion was seconded and
CARRIED by unanimous voice vote.
CONDITIONS OF APPROVAL
The parking deck is constructed at the applicant's
sole expense.
The applicant assumes any liability associated
with said structure on city -owned property.
If at a future date, the City of Kodiak determines
that the parking deck must be removed from the
city -owned property, the applicant or any
subsequent owner of Lot 34B, Block 19, Kodiak
Townsite agrees to remove same without cost to the
City of Kodiak.
4. Since the land is publicly owned, the applicant
agrees that no prescriptive right accrues to the
user.
5. The existing guardrail is not removed.
FINDINGS OF FACT
The exceptional circumstances applicable to this
request are the terrain of the lot and the fact
that the lot currently has no off-street parking.
The lot slopes steeply downward from Cope Street.
Substantial fill and construction would be
required to locate the deck totally on the lot and
provide useable access from the driving surface to
the front property line. Parking decks are
generally located very close to or abutting the
edge of the driving surface. Lastly, this lot
currently has no off-street parking due to the
terrain and house placement. The Borough Code
Page 2 of 26 P&Z Minutes: July 20, 1988
KIBS226522
11
2.
3.
Ld
5.
6.
requires provision of off-street parking,
therefore creating a condition necessitating a
variance for lots with steep terrain.
hardships.
Strict application of the Zoning Ordinance would
require the provision of two (2) off-street
parking spaces on Lot 34B. This would be a
practical difficulty because of the extent of fill
that would be required to obtain physical access
to the front property line of Lot 34B from the
driving surface of Cope Street. This practical
difficulty is created by the exceptional physical
condition noted previously.
health, safety and welfare.
Granting of the variance should not result in
material damage or prejudice to other properties
in the area or be detrimental to the public's
health, safety or welfare. Location of the
parking deck within the Cope Street right-of-way
will not hinder actual or legal access to any
nearby lots. Providing the required parking
spaces in the right-of-way instead of on the lot
is not prejudicial to other properties in the area
because many lots along Cope Street do not provide
any off-street parking and many others provide
parking via a parking deck or parking areas in the
right-of-way. The parking deck also will enhance
traffic safety along Cope Street.
The granting of the variance will not be contrary
to the objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to
the objectives of the Comprehensive Plan which
identifies this area for high density residential
development. Comprehensive plans do not generally
address minor development standards such as
off-street parking and granting of the variance
will not change the permitted uses or density of
the area.
Actions of the applicant have not caused
conditions from which relief is being sought by a
variance. The subdivision of Lot 34, Block 19,
Kodiak Townsite, which created the physical
difficulty in providing off-street parking,
occurred in 1948 and the lot was only purchased by
the applicant in 1987. Additionally, the variance
will be decided prior to construction of the
parking deck.
Single-family residences and parking decks are
permitted in the Zoning District.
B) Case 84-093. Request for a two (2) year extension for
previously approved exceptions and variances that
permitted 69 kV electrical transmission lines and
towers (Cannery Transmission Line) to locate in
Page 3 of 26
P&Z Minutes: July 20, 1988
KIBS226523
B--Business, C--Conservation, PL--Public Use Lands, and
R2--Two-Family Residential Zoning Districts. The lines
run from the Swampy Acres substation to the Tagura Road
facility. (Kodiak Electric Association)
COMMISSIONER HENDEL MOVED TO GRANT a two (2) year
extension for previously approved exceptions and
variances that permitted 69 kV electrical transmission
lines and towers (Cannery Transmission Line) to locate
in B--Business, C--Conservation, PL--Public Use Lands,
and R2--Two-Family Residential Zoning Districts. The
lines run from the Swampy Acres substation to the
Tagura Road facility and to adopt the finding of fact
contained in the staff report dated July 10, 1984. The
motion was seconded and CARRIED by unanimous voice
vote.
FINDING OF FACT
1. All the alternatives for this distribution line
have been explored and the best alternative has
been chosen.
C) Request for Planning and Zoning Commission review and
findings pursuant to Section 17.21.050(C) (Performance
Standards) of the Borough Code to (1) determine if Lot
17, Block 1, Airpark Subdivision shall provide and
maintain screening where it is adjacent to a
residential use or district, and (2) define the
screening required by Planning and Zoning Commission.
(Thomas W. Templeton)
COMMISSIONER ANDERSON MOVED TO APPROVE that no
screening must be provided and maintained between Lots
17 and 18 and Lots 17 and 16, Block 1, Airpark
Subdivision, and to adopt the findings of fact
contained in the staff report dated July 11, 1988. The
motion was seconded and CARRIED by unanimous voice
vote.
FINDINGS OF FACT
The size of the existing structure on Lot 18,
relative to the size of the new business structure
on Lot 17, makes the provision of screening
redundant.
The residence on Lot 16 is not oriented towards
Lot 17, and the new business structure on Lot 17
is located on the opposite side of Lot 17's common
boundary with Lot 16.
3. The proposed structure will not have a negative
impact on the adjacent properties due to noise.
4. The new business building and parking as proposed
(see applicant's letter) should not significantly
impact the existing use or adjacent uses.
5. The entire property is already fenced to delineate
the property boundaries.
I D) Case 87-039. Request for a one (1) year extension for
a previously approved variance that permitted an eight
(8) foot chain link fence to project into the Shelikof
Street right-of-way in a B--Business Zoning District.
Lot 19A, Block 18, Kodiak Townsite; 410 Shelikof
Street. (Ursin Seafoods, Inc.)
COMMISSIONER HEINRICHS MOVED TO GRANT a request for a
one (1) year extension for a previously approved
variance that permitted an eight (8) foot chain link
fence to project into the Shelikof Street right-of-way
in a B--Business Zoning District. Lot 19A, Block 18,
Page 4 of 26
P&Z Minutes: July 20, 1988
KIBS226524
Kodiak Townsite; subject to the conditions of approval
outlined in the staff report dated June 26, 1987; and
to reaffirm the findings of fact contained in the staff
report dated June 26, 1987. The motion was seconded
and CARRIED by unanimous voice vote.
CONDITIONS OF APPROVAL:
1. The fence is constructed at the applicant's sole
expense.
2. The applicant assumes any liability associated
r with said fence on city -owned property.
I3. If at a future date the City determines that the
fence must be removed from the City -owned
property, the applicant or any subsequent owner of
Lot 19A, Block 18, Kodiak Townsite, agrees to
remove same without cost to the City.
4. Since the land is publicly owned, no prescriptive
right accrues to the user.
5. Construction of the fence shall be in such a
manner as to not reduce any required off-street
parking or block the sidewalk.
FINDINGS OF FACT:
The exceptional condition applicable to the
intended use of the property is largely a
perceptual one. Typically, the average property
owner assumes that all the land out to the
sidewalk or roadway edge is their "yard," and that
they should be able to erect a fence of reasonable
height around that yard. In addition, if the
fence was built along the property lines, strips
of City property would remain outside the fence.
It is likely that this property would not then be
maintained by the property owner, this could
constitute a public health problem.
2. Strict application of the zoning ordinances would
result in practical difficulties or unnecessary
hardships.
Strict application of the zoning ordinance would
only allow the fence to be placed on the property
lines. This is an unnecessary hardship when many
other fences in the community have encroached on
the public property without first receiving a
variance. The Commission has also granted
variances in the past for fences to project into
road rights -of -way.
3. The granting of the variance will not result in
r material damages or prejudice to other properties
in the vicinity nor be detrimental to the public's
health, safety and welfare.
Granting of the variance will not be detrimental
to the public's health, safety or welfare because
the fence will not pose a line of sight problem
along Shelikof Street either due to its height or
placement in the right-of-way. Also, the
conditions outlined below ensure that any future
removal of the fence will not impose a cost to the
public. The erection of the fence out to the
Page 5 of 26 P&Z Minutes: July 20, 1988
KIBS226525
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sidewalk will hopefully ensure that the small
strip of City property is maintained by the
property owner to the benefit of the City.
The granting of the variance will not be contrary
to the objectives of the Comprehensive Plan.
Granting of this variance will not be contrary to
the objectives of the Comprehensive Plan. The
Comprehensive Plan does not address minor
structural developments such as fences. The main
use of the property for storage purposes is
consistent with the Comprehensive Plan.
5.
Actions of the applicant have not caused the
conditions from which relief is being sought by a
variance. The variance request will be decided
prior to construction of the fence.
6.
Fences are permitted in all land use districts.
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
R1--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 and June 1988 Regular Meetings)
LINDA FREED indicated three hundred fifty-one (351)
public hearing notices were distributed on May 4 and
June 3, 1988, for a total of 702 public hearing notices
distributed. No public hearing notices were
distributed for the July meeting. Two (2) display ads
were published on July 6th and 13th in the Kodiak Daily
Mirror encouraging public comments.
Of the public hearing notices distributed, 19 were
returned (several from the same property owners), 5
were in favor, 9 opposing, and 5 expressing
nonobjection to this request. Staff recommended that
the Commission forward the request to the Assembly
recommending approval of this rezone.
In response to a request by the Commission, letters
from the City of Kodiak and the Kodiak Island Borough
School District had been received and were included
with the packet materials. Staff also noted that
property owners (or their representatives) of four (4)
lots (Lots 47, 48, 49 and 50, Block 12) had recently
requested that their lots be rezoned to R2 and not
Business as had previously been requested.
Regular Session Closed.
Public Hearing Opened:
KIBS226526
Page 6 of 26
P&Z Minutes: July 20, 1988
TOBY COOK, representing property owners in the area
(Island Realty, Sam Graber, and Pearleen Hunter),
appeared before the Commission and expressed support
for this request.
IAN SCHOLZ, owner of two properties in the area,
appeared before the Commission and expressed support
for this request.
BILL ROBERTS, local appraiser, appeared before the
Commission and expressed support for this request.
JOAN HUGHES, local appraiser, appeared before the
Commission and expressed support for this request.
STEVE AVERY, property owner and resident in the area,
appeared before the Commission and expressed support
for this request.
ROBERT GRAY, property owner in the area, appeared
before the Commission and expressed support for this
request.
CAROL WANDERSEE appeared before the Commission and
expressed support for this request.
MARGARET AVERY, property owner and resident in the
area, appeared before the Commission and expressed
support for this request.
Public Hearing Closed.
Regular Session Opened.
CHAIRMAN RENNELL requested staff to outline the
significance of rezoning the area to single-family
residences already present.
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LINDA FREED noted that single-family residences,
duplexes, and professional offices were permitted uses
in the R2--Two-Family Residential Zoning District and
that setbacks and off-street parking were required by
the Borough Code. Single-family residences would
become nonconforming in the B--Business Zoning
District, some lots in the proposed B--Business Zoning
District would be affected by setback requirements from
the centerline of Mill Bay Road, and that off-street
parking requirements are regulated by the Borough Code.
Ms. Freed also noted that lending institutions had
stated that financing for residential uses would be
difficult to obtain in the B--Business Zoning District.
In addition, Ms. Freed noted that the Borough Code made
some provision for utilizing adjoining lots for
off-street parking requirements, but that the preferred
method would be to vacate and replat the lots into one
lot.
COMMISSIONER HEINRICHS MOVED TO REMOVE CASE 88-026 FROM
THE TABLE. The motion was seconded and CARRIED by
unanimous voice vote.
COMMISSIONER ANDERSON MOVED TO RECOMMEND that the
Kodiak Island Borough Assembly approve the rezoning of
Lots 39 through 50, Block 12, Aleutian Homes
Subdivision from R1--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 51 through 59, Block 12, Aleutian Homes
Subdivision from R1--Single-Family 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 July 8, 1988, as Findings of
Fact for this case. The motion was seconded and
CARRIED by unanimous roll call vote.
KIBS226527
Page 7 of 26 P&Z Minutes: July 20, 1988
FINDINGS OF FACT
1. Findings as to the Need and Justification for a
Change or Amendment.
A rezone from R1--Single-Family Residential to
B--Business and R2--Two-Family Residential is
needed and justified because the B--Business
Zoning District permits development that:
A. does not generally conform to the
comprehensive plan (but the plan is
out-of-date for this area),
B. is not suitable for the existing lots given
the lot sizes, widths, and placement of
existing structures, but may hasten
redevelopment of the property;
C. may be incompatible with existing
single-family residences on adjoining
properties, but these properties can be
protected by screening requirements included
in the Borough Code;
D. will create 14 nonconforming land uses;
E. is not in keeping with recent development
trends along Mill Bay Road, due to the
existing zoning; and
F. will exacerbate existing parking, access, and
traffic safety problems along Kodiak's
busiest roadway and a major intersection, but
may provide the pressure needed to get the
road upgraded.
rIn
addition, it is clear that the area is not an
attractive residential area, primarily because of
"F", above. As a result, the area is in ' limbo;
not attractive for residential uses, and not
"available" for redevelopment. So, although the
proposed rezone may increase traffic problems in
the short term, it may also provide the incentive
and motivation to upgrade Mill Bay Road and
redevelop the property in the long term.
Additionally, it is the intent of the Planning and
Zoning Commission not to approve variances and
exceptions for this area, if this rezoning request
is approved by the Assembly.
0
Plan.
The 1968 Comprehensive Plan depicts this area for
Medium Density Residential Development. The
requested R2--Two-Family Residential Zoning
District is consistent with the comprehensive
plan. The requested B--Business Zoning District
on the other hand permits a wide range of land
/— uses and activities that are not generally
consistent with this comprehensive plan
designation. Although, as the Assembly is aware,
the comprehensive plan completed in 1968 is
outdated for some portions of the urban area. It
seems to be the fate of Mill Bay Road to become
strip commercial (including multifamily
residential). On the surface, it now (as opposed
to in 1968) seems inappropriate to have only one
relatively short section of Mill Bay Road
designated and developed for single-family
residential use, when basically the rest of Mill
Bay Road is zoned for business or industrial use.
Page 8 of 26 P&Z Minutes: July 20, 1988
KIBS226528
This area is not highly attractive for residential
use due to the high traffic levels along Mill Bay
Road. This traffic level is increasing due to the
business generators located on either end of this
remaining residential area.
B) Case 88-037. Request for a variance from Section
17.36.030 (Nonconforming Lots of Record) of the Borough
Code to permit a two-family dwelling unit (duplex) to
locate on a nonconforming lot of record (substandard
lot area and width) instead of only a single-family
residence in a R3--Multifamily Residential Zoning
District. Lot 10, Block 5, Leite Addition; 1512
Mission. (R. Marasigan)
LINDA FREED indicated 60 public hearing notices were
mailed for this case and 5 were returned, opposing this
request. Staff recommended approval of this request.
Ms. Freed noted that the minutes of Case 84-075 were
included in the additional handouts for this meeting.
Regular Session Closed.
Public Hearing Opened:
FRED NASS, property owner in the area, appeared before
the Commission and expressed opposition to this
request.
CAROL WANDERSEE, resident in the area, appeared before
the Commission and expressed opposition to this
request.
ROY FRY, resident in the area, appeared before the
Commission and expressed opposition to this request.
HOWARD STEWART, resident in the area, appeared before
the Commission and expressed opposition to this
request.
THERESA BONNEY, resident in the area, appeared before
the Commission and expressed opposition to this
request.
SCOTT BONNEY, resident in the area, appeared before the
Commission and expressed opposition to this request.
PAT REILAND, representing the applicant, appeared
before the Commission and expressed support for this
request.
REMEGIO MARASIGAN, applicant, appeared before the
Commission and expressed support for this request.
BRYCE GORDON appeared before the Commission and
expressed opposition to this request.
ROY FRY reappeared before the Commission and expressed
opposition to this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL requested a five (5) minute recess.
CHAIRMAN RENNELL recessed the meeting for five (5)
minutes. CHAIRMAN RENNELL called the meeting back to
order at 8:20 p.m.
A discussion ensued among the Commissioners regarding
the particulars of this request and the intent of the
Commission decision regarding Case 84-075. It appeared
from the minutes of the 1984 case that a comprise had
been agreed upon by the property owners of the area at
that time and that only single-family residences would
Page 9 of 26
P&Z Minutes: July 20, 1988
KIBS226529
be placed on the lots in question. The consensus of
the Commission was that the area needed to be rezoned
to R1 to reflect the compromise agreed upon in 1984.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for a
variance from Section 17.36.030 of the Borough Code to
permit a two-family dwelling unit (duplex) to locate on
a nonconforming lot of record (substandard lot area and
width) instead of only a single-family residence in a
R3--Multifamily Residential Zoning District; subject to
the two (2) conditions of approval contained in the
staff report dated July 8, 1988, and to adopt the
►^ findings contained in the staff report dated July 8,
1988, as "Findings of Fact" for this case. Lot 10,
Block 5, Leite Addition. The motion was seconded and
FAILED by unanimous roll call vote.
COMMISSIONER HEINRICHS MOVED TO INVESTIGATE THE
REZONING of Block 5, Leite Addition from
R-3--Multifamily Residential to R-1--Single-Family
Residential. The motion was seconded and CARRIED by
unanimous voice vote.
The Commission deferred findings of fact in support of
their decision until their August 17, 1988 regular
meeting.
C) Case 88-038. Request for an exception pursuant to
Section 17.03.060 (Building Permits) of the Borough
Code to permit grading (rock extraction) in a
C--Conservation Zoning District in order to realign and
lengthen the existing rifle range located on Tract A of
BLM Tract D, Alaska Division of Lands Survey 36049,
commonly known as the V.F.W. site; located off Monashka
Bay Road, approximately one mile past the Timberline
Sawmill. (Kodiak Island Sportsman's Association;
V.E.W.; Kodiak Island Borough)
LINDA FREED indicated 28 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request. Ms. Freed noted
that a revised memo, containing different conditions of
approval, had been distributed with the additional
handouts for the packet.
Regular Session Closed.
Public Hearing Opened:
KARL SHORT, representing KISA, appeared before the
Commission and expressed support for this request.
BILL REITH appeared before the Commission and expressed
support for this request.
BRYCE GORDON appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO GRANT a request for an
r exception to Section 17.03.060 of the Borough Code to
permit grading (rock extraction) in a C--Conservation
Zoning District in order to realign and lengthen the
existing rifle range at the VFW site on Tract A, of BLM
Tract D, Alaska Division of Lands Survey (ADL) 36049,
subject to the nine (9) conditions of approval outlined
in the staff memorandum dated July 20, 1988, and to
adopt the findings contained in the staff memorandum
dated July 20, 1988, as "Findings of Fact" for this
case. The motion was seconded and CARRIED by unanimous
roll call vote.
KIBS226530
Page 10 of 26 P&Z Minutes: July 20, 1988
CONDITIONS OF APPROVAL
1. Prior to issuing any permits for this project, the
applicant will first be required to submit a
detailed project plan showing all grades, slopes,
quantities, drainage, and site specific
characteristics of the project. In addition, the
project plan should include information concerning
the phasing of the project.
2. The technical aspects of the rock extraction
(slopes, quantities, provisions for berms,
drainage, etc.) will be in substantial compliance
with the submitted application materials and
plans.
3. The applicant will be required to submit an annual
progress report at least two months prior to the
expiration of the exception. In addition, the
applicant will also provide a letter of continued
nonobjection from the Lessee, which is the VFW.
The reports, which will become part of the case
file, will be reviewed by the Community
Development Department to ascertain that
sufficient progress is being made to justify
continuing the exception and that all conditions
of the project are complied with. Any annual
period where the applicant has no progress to
report will result in cancellation of the
exception unless an extension is granted by the
Commission; extension requests will be subject to
a staff review of the entire project.
4. The boundaries of ADL 36049 will be posted to warn
hikers and boaters of the presence of the rifle
range.
rS. Disposition of the trees in the excavation area
will be determined by the Borough's Resource
Manager.
6. Dispositions of the rock extracted will be
determined by the Borough's Resource Manager.
7. The range design will incorporate a baffle system
to minimize safety concerns and potential impacts
on surrounding properties.
8. A survey of the boundaries of the sublease to the
Kodiak Island Sportsman's Association shall be
performed prior to any work being done.
9. The Commission will review the conditions of
approval in three years for compliance.
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 result
in a net benefit to the public's health,
safety or general welfare, primarily because
of the orientation of the existing range.
There are, however, aspects of rock
extraction that have the potential to detract
from the public safety or general welfare if
not carefully managed or mitigated in some
fashion.
Page 11 of 26
P&Z Minutes: July 20, 1988
KIBS226531
With the current range orientation,
residences are located approximately 4,000
feet down range from the target line. This
situation clearly presents public safety
concerns because the target line is uphill
from the firing line and the distances
bullets can travel. Reorientation of the
range 30 degrees to the northwest will
substantially alleviate this concern as will
the provision of berms that meet or exceed
National Rifle Association (NRA) recommended
safety standards. Range realignment will,
however, result in the "ricochet zone" area
impacting adjoining property (the landfill
site) and the beach with the old ship. The
ricochet zone, as shown on the site plan, is
considered adequate according to NRA
information. This area could be reduced
through provision of berms or other
techniques, such as construction of a baffled
range. A baffled design substantially
reduces ricochet and impact zones and should
be considered as a possible condition of
approval to mitigate safety concerns.
The range is located approximately 3,200 feet
(6/10ths of a mile) away from the nearest
residentially zoned area. Other land uses in
the area are the sanitary landfill site and
undeveloped land. This physical separation
and location should permit rock extraction to
take place without undue disruption
(blasting, noise, dust, etc.) to adjoining
properties.
An exception to this would be increased
equipment and truck traffic along Monashka
Bay Road if the rock extracted is hauled off
the site. Whether the rock is hauled off the
site or not is an issue that will be
addressed by the Borough Resource Manager in
his review of the appropriate use and
disposal of a Borough resource (gravel).
Based on the information above, it appears
that the proposed use will not endanger the
public's health, safety or general welfare.
However, there is a potential for the
degradation of the rural residential
character in the Island Vista and Mountain
View Subdivisions, as a result of the rock
extraction.
B. The proposed use will be consistent with the
general purposes and intent of Title 17 and
with the authority and purpose of Chapter
17.65 (Exceptions). Exceptions are provided
for in the Borough Code to provide
consideration of land use activities that are
not permitted in certain zoning districts.
In the case of grading, this activity is
specifically listed as requiring an exception
in the C--Conservation Zoning District. In
this instance, the request meets or exceeds
all technical requirements pertaining to
grading and therefore, the use is consistent
with the provisions of Title 17 that
authorizes grading through the exception
process. In addition, the final product that
will result from the grading is a use that is
permitted in the C--Conservation Zoning
District.
Page 12 of 26 P&Z Minutes: July 20, 1988
KIBS226532
C. The proposed use, under appropriate
restrictions or conditions, will not
adversely impact other properties or uses in
the area. As previously identified,
reorientation of the range will not leave the
target line in line with any down range
residential properties. This will be a major
improvement over the potential impacts of the
existing range alignment. Additional safety
areas (impact zones and ricochet zones
calculated for a level open range) do fall on
adjoining properties (Monashka Bay and the
r landfill site) but the degree to which impact
and ricochet zones could potentially impact
other properties can be substantially reduced
through provision of berms, possibly a
baffled range design, and posting of the site
to notify hikers and boaters.
Potential impacts on adjoining properties
from the extraction activity will most
probably be limited to truck traffic along
Monashka Bay Road. This impact might be
greatly reduced if the rock extracted is used
on the site or in conjunction with work at
the sanitary landfill site.
D) Case 88-039. Request for a conditional use permit in
accordance with Section 17.33.030 (Conditional Uses) of
the Borough Code to permit an airport related activity
(three buildings, each twenty by twenty feet, for float
plane ticket sales, dispatch, and a waiting room) to
locate in the PL--Public Use Lands Zoning District on
the St. Paul Harbor Spit adjacent to the Kodiak Cafe.
(City of Kodiak/Uyak Air Service)
LINDA FREED indicated 14 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
DAVE OBERG, owner of Uyak Air, appeared before the
Commission and expressed support for this request. Mr.
Oberg noted that the intent was to use the facility for
Uyak Air, SeaHawk, and Island Air operations in the
channel; to promote tourism; and for customer
convenience.
JOHN PARKER appeared before the Commission and
expressed support for this request, noting that he
encouraged the City of Kodiak to expand these
facilities for use by charter boat operations.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT a request for a
conditional use permit in accordance with Section
17:33.030 of the Borough Code to permit an airport
related activity (three buildings, each twenty by
twenty feet, for float plane ticket sales, dispatch,
and a waiting room) to locate in the PL--Public Use
Lands Zoning District on the St. Paul Harbor Spit
adjacent to the Kodiak Cafe, subject to the three (3)
conditions of approval outlined in the staff memorandum
dated July 19, 1988, and to adopt the findings
contained in the staff memorandum dated July 19, 1988,
as "Findings of Fact" for this case. The motion was
seconded and CARRIED by unanimous roll call vote.
KIBS226533
Page 13 of 26 P&Z Minutes: July 20, 1988
CONDITIONS OF APPROVAL
1. In accordance with Section 17.67.030, the
applicant shall provide a site plan which shows
access points, vehicular and pedestrian
circulation patterns and a parking plan, prior to
issuance of zoning compliance.
2. In accordance with Section 17.33.050, the
applicant shall insure that the location of all
structures on the site is consistent with the
Borough Code requirements for front, rear, and
r side yard setbacks.
3. The applicant shall provide at least four (4)
dedicated parking spaces in support of the
development which will be so designated by signage
as short term parking under the control of the
applicant.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND that two (2)
additional, signed "Type B" loading berths, be provided
(one each) at the head of each of the ramps for loading
and unloading. The motion was seconded and CARRIED by
unanimous voice vote.
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. Three buildings are to be
located on property that is primarily used for
public parking and access to the waterfront. The
proposed structures will be in support of water
dependent services which are currently operating
from this area and will provide a greater measure
of comfort and convenience to the travelling
public. The proposed structures may displace some
of the existing storage and parking capability,
however this has been studied by the Port and
Harbor Advisory Commission and found to be a fair
trade-off.
2. That the conditional use fulfills all other
requirements of this chapter pertaining to the
conditional use in question.
The proposed use will comply with all other
requirements of the PL--Public Use Lands Zoning
District, such as setbacks, height of buildings,
etc., and will be compatible with the existing
use of the property.
3. That granting the conditional use permit will not
be harmful to the public health, safety,
convenience and comfort.
The proposed use should not be harmful to the
public health, safety, convenience or comfort
provided all UBC, State Fire Marshall, and
Department of Public Safety requirements are
adhered to. Compliance with these requirements is
regulated through the building permit process.
Lastly, these facilities will enhance the ability
of the float plane companies to provide better
service to the public by providing improved on
site communications and enclosed waiting areas for
the public convenience.
KIBS226534
Page 14 of 26 P&Z Minutes: July 20, 1988
F
F
F
5.
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.
Based on the attached site plan, it appears that
sufficient lot area, setbacks or buffers, relative
to the scale of the proposed structures and
surrounding area are being provided.
The proposed use and structures are located in a
manner that should maximize public benefits. The
structures will be located on a site that is
currently devoted to public land uses and
structures. In addition, it should be noted that
this project has already been reviewed by the Port
and Harbor Advisory Commission and approved in its
present configuration. This location will allow
the float plane air charter services operating out
of harbor area to have facilities co -located with
the existing public float plane docking
facilities.
E) Case 88-040, Request for a variance from Section
17.57.020(D) (Off -Street Parking --Number of Spaces
Required) of the Borough Code to permit two hundred
thirty-four (234) parking spaces to meet the
requirements for both a shopping mall and a movie
theater when the hours of operation of the two uses
will overlap. Tracts S-4A-1 and S-4A-2, U.S. Survey
3218; 2645 and 2675 Mill Bay Road. (Mill Bay Plaza
Association)
LINDA FREED indicated 17 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:
TOBY COOK appeared before the Commission and expressed
support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for a
variance from Section 17.57.020 (D) of the Borough Code
to permit a proposed 700 seat theatre and a shopping
mall to share off-street parking area as long as the
total amount of spaces is equal to the largest number
required for the respective uses. Tracts S-4A-1 and
S-4A-2, U.S. Survey 3218; subject to the three (3)
conditions of approval contained in the staff
memorandum dated July 20, 1988, and to adopt the
findings contained in the staff memorandum dated July
20, 1988, as "Findings of Fact" for this case. The
motion was seconded and CARRIED by unanimous roll call
vote.
CONDITIONS OF APPROVAL
1. Appropriate bumper guards, wheel stops, or
striping shall be provided in accordance with
Section 17.57.040(3) for all spaces on the site.
2. The developer shall identify a minimum of one
thousand (1,000) square feet of area on the site
for the inclusion of horticultural amenities in
Page 15 of 26
P&Z Minutes: July 20, 1988
KIBS226535
7
the off-street parking plan so that the
development will be consistent with the character
of the surrounding area.
3. Parking calculations shall be based upon the sum
of the required parking for occupancies on Tracts
S-4A-1 and S-4A-2. (Tracts S-4A-lA, S-4A-lB,
S-4A-1C and S-4A-2A if Case S-88-016 is approved).
FINDINGS OF FACT
1. Exceptional -physical circumstances or conditions
The proposed development of the site indicates the
creation of two different uses at different
locations on the site. These projected uses at
each location would be such that the peak hours of
operation are likely be at different times during
the day. In this case, requiring each
development to have the amount of parking required
by ordinance could result in the creation of
excessive parking, when each use of the site could
be served by the equivalent of the legal
off-street parking requirement for the larger of
the developments. This constitutes exceptional
conditions applicable to the intended use of
development, which generally would not apply to
other properties in the same land use district.
2. Strict application of the zoning ordinances would
result in practical difficulties or unnecessary
hardships.
Strict application of the zoning ordinance would
not allow the development of the site to reach its
optimum potential. This could affect the
viability of the project as it would require the
additional expense of providing parking and at the
same time reducing the space available for retail
development unnecessarily, although parking
calculations should be based upon the sum of the
required parking for the occupancies of all
tracts.
3. The granting of the variance will not result in
material damages or prejudice to other -properties
in the vicinity nor be detrimental to the -public's
health, safety and welfare.
Granting of the variance should not result in
material damage or prejudice to other properties
in the area and will not be detrimental to the
public's health, safety and welfare. However, in
order to be consistent with this requirement it
may be necessary to impose conditions to insure
that the development reflects the general
character of the surrounding area.
4. The granting of the variance will not be contrary
to the objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to
the objectives of the Comprehensive Plan which
identifies this site for light industrial and
public use lands. The site which is currently
zoned I --Industrial has already been approved for
two commercial developments and is no longer
suitable for industrial or public use development.
In addition, the area directly across Mill Bay
road, which is currently developed for high
Page 16 of 26 P&Z Minutes: July 20, 1988
KIBS226536
density residential is designated for shopping
center development in the 1968 Comprehensive Plan.
F
5.
In this case, actions of the applicant have not
caused the conditions from which relief is being
sought by a variance. The variance will be
decided prior to the commencement of construction
on the proposed projects.
6. That the granting of the variance will not permit
a prohibited land use in the district involved.
A theatre and a shopping mall are permitted uses
in the I --Industrial Zoning District. In
addition, these uses are permitted as well in the
B--Business Zoning District pending the outcome of
Case 88-041 which requests favorable consideration
to rezone the site to B--Business.
F) Case 88-041. Request for a variance from Section
17.24.040 (Yards) of the Borough Code to permit Tract
S-4A-1, U.S. Survey 3218, to be developed with a front
yard setback as required in the B--Business Zoning
District [forty (40) feet from the centerline of Mill
Bay Road], rather than the fifty (50) foot front yard
setback required in the I --Industrial Zoning District;
and a
Request to rezone Lot 1A, Block 1, Tract
M, and Tracts S-4A-1 and S-4A-2, U.S. Survey 3218 from
I --Industrial to B--Business in accordance with Chapter
17.72 (Amendments and Changes) of the Borough Code.
Commonly known as the Buggy Banya and Safeway Store;
2597, 2645, and 2675 Mill Bay Road. (Mill Bay Plaza
Association/Alagnak, Inc.)
LINDA FREED indicated 25 public hearing notices were
mailed for this case and 1 was returned, in favor of
this request. Staff recommended approval of these
requests.
Regular Session Closed.
Public Hearing Opened:
TOBY COOK, applicant, appeared before the Commission
and expressed support for this request.
A discussion ensued among the Commissioners, Community
Development Department staff, and Mr. Cook regarding
the effects of the rezone request on the warehousing
activities currently occurring on the lot.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for a
variance from Section 17.24.040 of the Borough Code to
permit Tract S-4A-1, U.S. Survey 3218, to be developed
with a front yard setback as required in the
B--Business Zoning District [forty (40) feet from the
centerline of Mill Bay Road], rather than the fifty
(50) foot front yard setback required in the
I --Industrial Zoning District; and to adopt the
findings contained in the staff report dated July 8,
1988, as "Findings of Fact" for this case. The motion
was seconded and CARRIED by unanimous roll call vote.
KIBS226537
Page 17 of 26
P&Z Minutes: July 20, 1988
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions
applicable to the property or intended use of
development, which generally do not apply to other
Properties in the same land use district.
The exceptional physical condition applicable to
the intended use of development is that
industrially zoned land is usually developed more
intensively than other lands. In addition,
industrial land uses are more likely to generate
nuisances that might affect adjacent land owners
or are otherwise visually incompatible with
surrounding land uses other than industrial. The
lot in question is already partially developed in
a less intensive use of the land for business.
Similarly zoned property in the Kodiak area is not
usually developed for less intensive use than the
law allows.
2. Strict application of the zoning ordinances would
result in practical difficulties or unnecessary
hardships.
Strict application of the Zoning Ordinance would
require the developer to wait until the outcome of
the petition to rezone the parcel in question in
order to develop the parcel with business district
setbacks. This is an unnecessary hardship when
part of this parcel not fronting on Mill Bay Road
has already been approved for business
development.
3. The granting of the variance will not result in
material damages or prejudice to other properties
in the vicinity nor be detrimental to the public's
health, safety and welfare.
Granting of the variance will not be detrimental
to the public's health, safety, and welfare. The
proposed development is already required to have
an additional setback due to its physical location
fronting on an arterial. The proposed development
will not have a greater impact on the public's
health, safety, and welfare due to its current
location in an I --Industrial Zoning District than
if it were located somewhere else in a B--Business
Zoning District.
4. The granting of the variance will not be contrary
to the objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to
the objectives of the Comprehensive Plan which
identifies this area for Public Use Lands and
Light Industrial. A proposed business development
is a less intensive land use than what is
available under the current zoning regulations for
an Industrial Zoning District.
r 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 will be
decided prior to any development of the site along
the Mill Bay Road frontage.
KIBS226538
Page 18 of 26 P&Z Minutes: July 20, 1988
6.
Businesses are permitted in the I --Industrial
Zoning District.
COMMISSIONER HEINRICHS MOVED TO TABLE the rezoning
request until the October 1988 Planning and Zoning
Commission regular meeting. The motion died for the
lack of a second.
COMMISSIONER ANDERSON MOVED TO TABLE the rezoning
r request until the applicant notifies the Community
Development Department that he is ready to proceed. At
that time, this rezoning request is to be scheduled for
another public hearing. The motion was seconded and
CARRIED by majority roll call vote. Commissioner
Heinrichs voted "no."
G) Request for a variance in accordance with Section
16.100.010 (Variances) of the Borough Code to permit
the subdivision of Lot 3, Block 4, Miller Point Alaska
Subdivision First Addition into Lots 3-A, 3-B, 3-C,
3-D, 3-E and 3-F with three (3) flag stems widths less
than the required thirty (30) foot width. (Island
Properties, Inc.)
LINDA FREED indicated 40 public hearing notices were
mailed for this case and 1 was returned, in favor of
this request. A letter from the Alaska Department of
Transportation and Public Facilities had been received
and included in the packet materials. Staff
recommended denial of the variance request and approval
of the preliminary subdivision request.
Regular Session Closed.
Public Hearing Opened:
TOBY COOK, representing Island Properties, Inc.,
appeared before the Commission and expressed support
for this request.
JOHN PARKER appeared before the Commission and
expressed support for this request.
SCOTT ARNDT appeared before the Commission and
expressed support for this request.
TOBY COOK reappeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued among the Commissioners, with input
from Community Development Department staff, regarding
the flag stem variance request. It was the consensus
of the Commission that the terrain for this particular
request warranted a variance from the Borough Code.
COMMISSIONER ANDERSON MOVED TO GRANT a request for a
variance in accordance with Section 16.100.010 of the
Borough Code and preliminary approval of the
subdivision of Lot 3, Block 4, Miller Point Alaska
Subdivision First Addition into Lots 3-A, 3-B, 3-C,
3-D, 3-E and 3-F; subject to the following conditions:
CONDITIONS OF APPROVAL
1
The applicant shall obtain driveway permits from
the Alaska Department of Transportation and Public
Facilities prior to filing the final plat.
Page 19 of 26
P&Z Minutes: July 20, 1988
KIBS226539
2. Thirty (30) foot wide flag stems shall be
utilized, consistent with Type I flag lots, per
Section 16.40.050(C)(1) of the Borough Code for
Lot 3-E.
3. The building set backs for Lots 3C, 3D, and 3E
shall be twenty-five (25) feet from the rear
property line of Lots 3B and 3F.
4. Consistent with the comment letter from DOT/PF,
Lots 3-B, 3-C, 3-D and 3-F should have a common
access point to Melnitsa Lane rather than four
individual access points. This common access is
to be established by the creation of a common
easement suitable to allow adequate access to all
four (4) lots (3-B, 3-C, 3-D and 3-F) within the
flag stems created for Lots 3-C and 3-D. This
common flag stem shall be fifty (50) feet in
width, representing two (2) twenty-five (25) foot
flag stems.
The motion was seconded and CARRIED by majority roll
call vote. Commissioner Rennell voted "no."
H) Case 87-056. Review of preliminary approval for a
conditional use permit in accordance with Section
17.13.030 (Conditional Uses) of the Borough Code to
permit resource extraction activities (placer mining)
in a C--Conservation Zoning District within a Portion
of Section 13, Township 43 South, Range 35 West, Seward
Meridian (approximately 80 acres within Gold Seed
Claims Number 9 and 10) on Tugidak Island. The
resource extraction activities will consist of the
primary mining activities on Claim Number 10 and base
camp and processing activities on Claim Number 9.
Intertidal beach sands will be extracted by a dragline
bucket or loader. The extracted materials will be
processed using a power screen concentrator and
magnetic separator. Processed materials will be
returned to the approximate point of origin and
recontoured by a bulldozer. The maximum quantities
extracted and processed will be three hundred (300)
cubic yards per day. The extraction activities will be
supported by miscellaneous equipment, a base camp, a
wastewater disposal system, and fuel and oil supplies
associated with placer mining. Approximate base camp
and mining activity areas are shown on the public
hearing notice maps. (Donald E. Brister/State of
Alaska Department of Natural Resources)
The purpose of this hearing is to conduct a final
review of the conditional use permit as a result of the
issuance of a conclusive consistency determination for
this project by the State of Alaska. The Planning and
Zoning Commission may modify or expand the conditions
of approval as part of this final review.
LINDA FREED indicated 28 public hearing notices were
mailed for this case and none were returned. Ms. Freed
also noted that the applicant had all State permits,
but still needed a Corps of Engineers permit which
r appears not to be forthcoming in the near future.
IStaff recommended that:
1. Local conditions numbered 6, 7, 8, 9, 10, 11, 12,
14, 15, 16, and 17 be modified to wording
consistent with the wording of the relevant
stipulations in the conclusive consistency
determination.
2. The Commission review local conditions numbered 13
and 18 for their continuing applicability.
Page 20 of 26 P&Z Minutes: July 20, 1988
KIBS226540
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT final approval
for a conditional use permit in accordance with Section
17.13.030 (Conditional Uses) of the Borough Code to
permit resource extraction activities (placer mining)
in a C--Conservation Zoning District within a Portion
of Section 13, Township 43 South, Range 35 West, Seward
Meridian (approximately 80 acres within Gold Seed
Claims Number 9 and 10) on Tugidak Island. The
resource extraction activities will consist of the
primary mining activities on Claim Number 10 and base
camp and processing activities on Claim Number 9.
Intertidal beach sands will be extracted by a dragline
bucket or loader. The extracted materials will be
processed using a power screen concentrator and
magnetic separator. Processed materials will be
returned to the approximate point of origin and
recontoured by a bulldozer. The maximum quantities
extracted and processed will be three hundred (300)
cubic yards per day. The extraction activities will be
supported by miscellaneous equipment, a base camp, a
wastewater disposal system, and fuel and oil supplies
associated with placer mining. Approximate base camp
and mining activity areas are shown on the public
hearing notice maps.
Subject to all of the stipulations contained in the
conclusive consistency determination and all other
State and federal permits which regulate the project.
This approval includes all of the necessary activities
associated with the approved placer mining operation,
along with the following preliminary approval
conditions:
2. The conditional use permit is only valid for a
per.od of three (3) years. At the end of three
(3) years, any further resource extraction
activities will require a new conditional use
permit from the Kodiak Island Borough Planning and
Zoning Commission.
3. The conditional use permit is not valid unless the
applicant obtains a consistency determination from
the State of Alaska, Office of Management and
Budget, Division of Governmental Coordination
(OMB-DGC), and all required State of Alaska and
federal permits for the proposed activity have
been issued.
4. The three (3) year conditional use permit approval
time limit shall begin once all required State of
Alaska and federal permits are in place and the
Planning and Zoning Commission has conducted a
final review of the conditions of approval to
r ensure compliance with the standards necessary for
a conditional use permit to be granted and
consistency with the policies of the Kodiak Island
Borough Coastal Management Program (KIBCMP).
5.. Any change or enlargement in the scope, scale,
size, methods of operation, or location of the
resource extraction activities is not permitted
under this conditional use permit. A reduction in
the size, location, or quantities extracted is
permitted.
KIBS226541
Page 21 of 26 P&Z Minutes: July 20, 1988
13. A third party monitoring agency shall be
identified to assure compliance with the above
conditional use permit conditions.
18. The applicant shall provide written documentation
that the staking conflict with the adjoining claim
(ADL 321577) held by Jo Hayes has been resolved.
The motion was seconded and CARRIED by unanimous roll
call vote.
I) Case S-88-014. Request for preliminary approval of the
r subdivision of Lot 16, U.S. Survey 3103 to Lots 16A and
Il 16B. 3032 Peninsula Road, Island Lake (Phil and Lisa
Robbins)
DAVE CROWED indicated 27 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT preliminary
approval of the subdivision of Lot 16, U.S. Survey 3103
to Lots 16A and 16B, subject to the four (4) conditions
of approval outlined in the memorandum from the Borough
Engineer dated July 13, 1988. The motion was seconded
and CARRIED by unanimous roll call vote.
CONDITIONS OF
APPROVAL
r1.
Remove or
relocate the
banya on proposed Lot
16B
to a lot
with a main
dwelling.
2. Install
a new sewer
service and grinder pump
for
Lot 16A,
or install
a new sewer service for
Lot
16A and
relocate the
existing sewage grinder
pump
onto Lot
16A.
3. Provide two (2) off-street parking spaces for Lot
16A.
4. Provide a five -foot -wide
the proposed Peninsula
requested by KEA.
electrical easement along
Road right-of-way as
J) Case S-88-015. Request for preliminary approval of the
subdivision of a Portion of Tract C of BLM Tract D
creating Lot 1, Tract C of BLM Tract D, Pillar Creek
Hatchery Site. Located within Section 30, Township 27
South, Range 19 West, Seward Meridian. (State of
Alaska Department of Fish and Game)
DAVE CROWE indicated 13 public hearing notices were
mailed for this case and none were returned. Staff
r recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
LONNIE WHITE, representing the Alaska Department of
Fish and Game, appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
KIBS226542
Page 22 of 26 P&Z Minutes: July 20, 1988
COMMISSIONER ANDERSON MOVED TO GRANT preliminary
approval of the subdivision of a Portion of Tract C of
BLM Tract D creating Lot 1, Tract C of BLM Tract D.
Pillar Creek Hatchery Site. Located within Section 30,
Township 27 South, Range 19 West, Seward Meridian,
subject to the four (4) conditions of approval
contained in the memorandum from the Borough Engineer
dated July 13, 1988. The motion was seconded and
CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL:
1. Access Roads: Show data for locating centerline
of easement where they intersect with the Monashka
Bay Road right-of-way and the boundaries of Lot 1,
Tract C, including the radial bearing at the
intersection and any tangent bearings and
distances along the easements.
2. Water Transmission Lines: Show easements with
sufficient data for location referred to points
where they intersect Lot 1, Tract C boundaries and
Monashka Bay Road right-of-way, and any points
where they change direction. Larger details may
be needed to show the necessary information
adequately.
3. Electrical Distribution Lines: Show easements
with sufficient data for location referred to
points where they intersect Lot 1, Tract C
boundaries and Monashka Bay Road right-of-way.
4. Change Title Block to read as follows: "Creation
of Lot 1, Tract C of BLM Tract D, Pillar Creek
Hatchery Site."
K) Case 5-88-016. Request for vacation of Tracts S-4A-1
and S-4A-2, U.S. Survey 3218 and replat to Tracts
S-4A-lA, S-4A-1B1 S-4A-1C, and S-4A-2A. The Safeway
Store tract and the adjacent tract; 2645 and 2675 Mill
Bay Road. (Mill Bay Plaza Associates)
DAVE CROWE indicated 63 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
TOBY COOK, representing Mill Bay Plaza Association,
appeared before the Commission and expressed support
for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT a request for
vacation of Tracts S-4A-1 and S-4A-2, U.S. Survey 3218
and replat to Tracts S-4A-lA, S-4A-lB1 S-4A-lC, and
S-4A-2A; subject to the three (3) conditions of
approval outlined in the memorandum from the Borough
Engineer dated July 13, 1988, and condition of approval
number three (3) from Case 88-040 from the Community
Development Department staff report dated July 20,
1988.
CONDITIONS OF APPROVAL:
1. Revise the Title Blocks to read as follows:
"Vacation of a Roadway Easement and the
subdivision of Tract S-4A-1; and the Platting of
Easements of Record on Tracts S-4A-1 and S-4A-2,
U.S. Survey 3218 (Plat No. 86-24), Kodiak
Recording District, Kodiak, Alaska."
Page 23 of 26
P&Z Minutes: July 20, 1988
KIBS226543
Change the designation for Tract S-4A-2A to S-4A-2
(Plat No. 86-24) since no changes are being made
to the lot configuration; and show the lot area
(186,792.3 square feet) under the tract
designation.
Change the tract designation for the smaller of
the newly created tracts to S-4A-1C instead of
S-4A-lA (as originally submitted), since the
Safeway Store tract is S-4A-1A.
4. Parking calculations shall be based upon the sum
of the required parking for occupancies on Tracts
S-4A-1 and S-4A-2. (Tracts S-4A-lA, S-4A-lB,
S-4A-1C and S-4A-2A if Case 5-88-016 is approved).
The motion was seconded and CARRIED by unanimous roll
call vote.
L) Case 88-042. Request for a conditional use permit in
accordance with Section 17.13.030 (Conditional Uses) of
the Borough Code to permit a communication facility to
locate in the Conservation Zoning District on a Portion
of Section 31, Township 27 South, Range 20 West, Seward
Meridian on Pillar Mountain, a Portion of U.S. Survey
3945. The facility will consist of a hundred (100)
foot self-supporting tower and a ten by twelve (10 x
12) foot building (containing radio transceivers and
equipment storage) on a 22,500 square foot area
approximately 920 feet from the White Alice Site on
Pillar Mountain. (State of Alaska Division of
Telecommunications/City of Kodiak)
LINDA FREED indicated 2 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO GRANT a request for a
conditional use permit in accordance with Section
17.13.030 of the Borough Code to permit a communication
facility to locate in the Conservation Zoning District
on a Portion of Section 31, Township 27 South, Range 20
West, Seward Meridian on Pillar Mountain, a Portion of
U.S. Survey 3945. The facility will consist of a
hundred (100) foot self-supporting tower and a ten by
twelve (10 x 12) foot building (containing radio
transceivers and equipment storage) on a 22,500 square
foot area approximately 920 feet from the White Alice
Site on Pillar Mountain; and to adopt the findings
contained in the staff report dated July 12, 1988, as
"Findings of Fact" for this case. The motion was
seconded and CARRIED by unanimous roll call vote.
r FINDINGS OF FACT
1. That the co
area.
It appears that the proposed use will preserve the
value, spirit, character, and integrity of the
surrounding area. Pillar Mountain has long been
used for communication facilities and departmental
files do not indicate that these facilities have
been detrimental to the surrounding area.
Page 24 of 26
P&Z Minutes: July 20, 1988
KIBS226544
2. That the conditional use fulfills all other
requirements of this chapter pertaining to the
conditional use in question.
The conditional use will fulfil all other
requirements of the C--Conservation Zoning
District.
3. That granting the conditional use permit will not
be harmful to the public health, safety,
convenience and comfort.
The proposed use should not be harmful the public
health, safety, convenience, or comfort. The
structure and facilities will be required to
comply with building and fire codes through the
building permit and inspection process. The
facilities will also enhance the overall public
safety and welfare because the radio systems will
operate on, and support, the Public Safety and
local government radio frequencies.
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.
It appears that the 22,500 square foot area is
adequate for a 120 square foot structure and a 100
foot self-supporting guyed tower, and provides an
adequate buffer between the site and adjoining
areas.
VII OLD BUSINESS
A) Septic system approval prior to the issuance of a
building permit.
LINDA FREED reported that it is the continuing policy
of the Kodiak Island Borough to require that septic
systems be "approved" prior to the issuance of a
building permit.
For conventional (non -engineered) single-family
residential systems, this approval may be issued by an
Alaska Department of Environmental Conservation (ADEC)
"certified installer." For purposes of public
convenience, a list of local certified installers
will be available at the building inspection counter.
For non -conventional or engineered septic systems, and
for buildings other than single-family dwellings, the
approval must be issued by ADEC.
COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of
Old Business Item A. The motion was seconded and
CARRIED by unanimous voice vote.
There was no further old business.
VIII NEW BUSINESS
There was no new business.
KIBS226S45
IX COMMUNICATIONS
COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of items
A through C of communications. The motion was seconded and
CARRIED by unanimous voice vote.
A) Letter dated June 16, 1988, re: Clarified
Interpretation of Mining as a Recreational Activity in
C--Conservation Zoning Districts (with attachment).
Page 25 of 26 P&Z Minutes: July 20, 1988
B) Community Development Department forms:
Building Something? Anything?
Checklist for Certificates of Occupancy
(C.O.)
Zoning Compliance
C) Letter dated July 7, 1988, from John A. Parker, re:
request for consideration to exchange lands (with
attachments).
There were no further communications.
X REPORTS
COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of items
A and B of reports. The motion was seconded and CARRIED by
unanimous voice vote.
A) Status Report from the Community Development Department
- June 1988.
B)
City
Tax
form letters 1 and 2.
There
were
no
further reports.
XI AUDIENCE COMMENTS
JOHN PARKER appeared before the Commission and briefly
outlined the history of the letter cited above as
Communications Item C.
There were no further audience comments.
XII COMMISSIONERS' COMMENTS
XIII ADJOURNMENT
CHAIRMAN RENNELL adjourned the meeting at 10:05 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
'6teve Renn 1, Chairman
ATTEST
By:
Patricia Mile , Secretary
Community Dev pment Department
DATE APPROVED: Av,�mST r;, 198E
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS226546
Page 26 of 26 P&Z Minutes: July 20, 1988