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1989-09-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 20, 1989 MINUTES CALL TO OR©ER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Tom Hendel on September 20, 1989 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Tom Hendel, Chairman Bruce Barrett Wayne Coleman Jon Hartt Jody Hodgins Mary Lou Knudsen Commissioners Absent: Robin Heinrichs, Excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Duane Dvorak, Associate Planner, Community Development Department Patricia Miley, Secretary Community Development Department Staff reported the following additions to the agenda: AGENDA ADDITIONS IX COMMUNICATIONS C) Letter dated August 31, 1989, to Patrick Pikus and Phil Fogel from Bob Scholze, re: Lot 5A-1, U.S. Survey 3098 - 2015 Mill Bay Road - Storage in Airport Parking Zone Clean-up. D) Letter dated September 8, 1989, to Yeshi Benyamin from Bob Scholze, re: Lot 7A, Block 5, Miller Point Second Addition - 4053 Cliffside Drive - Outdoor storage; junk. r COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HODGINS MOVED TO ACCEPT the minutes of the August 16, 1989 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. KIBS226749 Page 1 of 29 P & Z Minutes: September 20, 1989 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Case S-87-019. Request for a one (1) year extension of a condition of approval for a previously approved subdivision of an Unsubdivided Portion of U.S. Survey 1396, creating Tract K, U.S. Survey 1396 (including Lilly Lake). Commonly known as the "Lilly Lake Land Trade." (City of Kodiak/Kodiak Island Borough) The condition of approval requested for extension is: A final plat for the vacation and replat of the nine (9) upland portions of unsubdivided U.S. Survey 1396 adjacent to Russell Estates Subdivision and Russell Estates Second Addition shall be filed prior to August 17, 1989. COMMISSIONER KNUDSEN MOVED TO GRANT a one (1) year extension for Case S-87-019's condition of approval number one as modified by the Planning and Zoning Commission on August 17, 1988. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. A final plat for Case S-87-019 may be filed; and a final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 in Lilly Lake adjoining Russell Estates and Airpark Subdivision and the nine upland portions of unsubdivided U.S. Survey 1396 adjacent to Russell Estates Subdivision and Russell Estates Second Addition shall be filed prior to August 17, 1990. There were no further appearance requests. VI. PUBLIC HEARINGS A) Case 89-044. Request for a variance from Section 17.19.040A (Yards) of the Borough Code to permit a single-family dwelling to project thirteen (13) feet into the required twenty-five (25) foot front yard setback on a nonconforming lot of record (lot area 6,790 square feet) in the R-2--Two-Family Residential Zoning District. Lot 13C, U.S. Survey 3100; 3036 Spruce Cape Road. (Richard D. and June Juelson/Craig Johnson) (Postponed from the August 16, 1989 regular meeting) COMMISSIONER KNUDSEN MOVED TO REMOVE CASE 89-044 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. DUANE DVORAK indicated 19 public hearing notices were mailed and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: DOROTHY POULOS appeared before the Commission and expressed opposition to this request. KIBS226749 Page 2 of 29 P S Z Minutes: September 20, 1989 MARTHA RANDOLPH appeared before the Commission and opposition to this request. DOLLY REFT appeared before the Commission and expressed opposition to this request. CHAIRMAN HENDEL read a public hearing notice response from Lorinda K. Bodi, expressing opposition to this request, into the record. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a variance from Section 17.19.040A of the Borough Code to permit a single-family dwelling to project six and a half (6.5) feet into the required twenty-five (25) foot front yard setback on a nonconforming lot of record in the R-2- -Two-Family Residential Zoning District on Lot 13C, U.S. Survey 3100; subject to the condition of approval contained in the staff report dated August 30, 1989; and to adopt the findings contained in the original staff report dated July 31, 1989, as "Findings of Fact' for this case with the understanding that all references to a request to encroach thirteen (13) feet into the required front yard setback are now changed to read six and a half (6.5) feet; and the finding for Coastal Management Policy Number 5 is modified as contained in the August 30, 1989 staff report. CONDITION OF APPROVAL 1. The property owner will obtain a wetlands determination and, if required, a permit from the U.S. Army Corps of Engineers prior to placing fill material in the drainage on Lot 13C, U.S. Survey 3100. The motion was seconded and FAILED by majority roll call vote. Commissioners Hodgins, Coleman, Hartt, and Knudsen voted "no." The Commission deferred "Findings of Fact' in support of their decision until the October 18, 1989 regular meeting. B) Case 89-046. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit an eight by thirty-one (8 x 31) foot covered deck addition to the front of an existing single-family residence which will project four (4) feet into the required eighteen and a half (18.5) foot front yard setback. Lot 44, Block 9, Aleutian Homes Subdivision; 913 Willow (Rodolfo Cabras) DUANE DVORAK indicated 79 public hearing notices were mailed for r 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. KIBS226750 Page 3 of 29 P & Z Minutes: September 20, 1989 COMMISSIONER HARTT MOVED TO GRANT a variance from Section 17.18.050 of the Borough Code to permit an eight by thirty-one (8 x 31) foot covered deck addition to the front of an existing single-family residence which will project four (4) feet into the required eighteen and a half (18.5) foot front yard setback on Lot 44, Block 9, Aleutian Homes Subdivision; and to adopt the findings contained in the staff report dated ^' August 28, 1989 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 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. In this case, the exceptional physical conditions applicable to the property are the nonconforming lot size of 7,129 square feet, and more specifically, the nonconforming placement of the existing single-family dwelling on the lot. The placement of this residence is typical of residences in Aleutian Homes; that is, relatively close to the front lot line. These residential units are also typically closer to the side lot lines than current codes allow. The units were all originally designed with front doors on the front of the house, but with no provision for arctic entry ways or front porches and decks. As a result, the addition of any of these amenities is limited and in many cases eliminated by the physical circumstances of the original design and location of the building on the lot. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would not allow the addition of an eight by thirty-one covered deck addition. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes and surrounding subdivisions have arctic entries and covered decks which project into the required front yard setback. 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 this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other residences in area have covered decks and arctic entries which project into the required front yard setback. 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 Medium Density Residential. The covered deck addition will have no effect on the density or permitted land uses. KIBS226751 Page 4 of 29 P & Z Minutes: September 20, 1989 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, the actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. The applicant will take no action until the variance has been decided by the Commission. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Additions to single-family dwellings are permitted in the R1-- Single-Family Residential Zoning District. C) Case 89-047. Request for a variance from Section 17.54.010 (Height -- Extension onto Public Property) of the Borough Code to permit a fence to project to the sidewalk in the Thorsheim Street and Willow Street rights -of -way and to permit the section of fence located across the rear lot line to exceed the six (6) foot height limitation by one half (.5) foot. Lot 24, Block 6, Aleutian Homes Subdivision; 510 Thorsheim (Lilian Acuna) DUANE DVORAK indicated 62 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT a request for a variance from Section 17.54.010 of the Borough Code to permit a fence to project to the sidewalk in the Thorsheim Street and Willow Street rights -of -way and to permit the section of fence located across the rear lot line to exceed the six (6) foot height limitation by one half (.5) foot on Lot 24, Block 6, Aleutian Homes Subdivision; subject to the conditions of approval contained in the staff report dated August 28, 1989; and to adopt the findings contained in the staff report dated August 28, 1989 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL The applicant obtain a letter of permission from the property owner (i.e., the City of Kodiak) to encroach into the Thorsheim Street and Willow Street rights -of -way. 2. The fence is constructed in compliance with any requirements the City may place on the fence encroachment to preserve adequate line of sight from Willow Street to Thorsheim Street and access to the nearby fire hydrant. KIBS226752 Page 5 of 29 P & Z Minutes: September 20, 1989 3. The fence is constructed at the applicant's sole expense. 4. The applicant assumes any liability associated with said fence on City -owned property. 5. If at a future time the City determines that the fence must be removed from the City -owned rights -of -way, the applicant or any subsequent owner of Lot 24, Block 6, Aleutian Homes Subdivision, agrees to remove same without cost to the City. 6. Since the land is publicly owned, no prescriptive right accrues to the user. 7. Construction of the fence shall be in such a manner as not to reduce any required off-street parking. The motion was seconded and CARRIED by unanimous roll call vote. 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 conditions applicable to the intended use of the property for residential purposes is largely a perceptual one. Typically, residential property owners assume 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 possible that this property would not be maintained by the adjacent property owner. In addition, as a result of the nonconforming size of this lot, and the placement of the existing structure, a six and a half (6.5) foot fence is necessary to provide a complete visual barrier between this lot and the adjacent lot. 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 extend to the front property line, with a maximum height of only four (4) feet where it extends beyond the twenty-five (25) foot front yard setback. This is an unnecessary hardship when many other fences in the community have been permitted to encroach on the public rights -of -way without first receiving a variance as long as adequate sight distance is maintained. Variances have also been granted in the past for fences to project into the road rights -of -way and to exceed the maximum height requirements. These comments also apply to the request for the variance for a six and a half (6.5) foot fence in the rear yard; that is, other fences in the community exceed the six (6) foot height limit, many of which have not obtained the required variance. KIBS226753 Page 6 of 29 P & Z Minutes: September 20, 1989 3. The grantinq 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 or welfare with the adoption of the suggested conditions of approval. According to the City of Kodiak, a chain link fence will not pose a line of sight problem along the Thorsheim Street right-of-way. Also, the conditions of approval will insure that any future removal of the fence will not result in a cost to the public. 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 Medium Density Residential Development. In general, comprehensive plans do not address minor developments such as fences. 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 instance, actions of the applicant have caused the conditions from which relief is being sought by variance. This is due to the fact that the fence was partially constructed prior to the granting of the variance. However, it is believed that the variance would have been requested prior to construction if the applicant had understood that it was necessary. 6. That the grantinq of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. D) Case 89-048. Request for the rezone of Lot 10, U.S. Survey 3098 from RR-1--Rural Residential One to B--Business in accordance with 17.72.030C (Manner of Initiation) of the Borough Code. 2171 Mill Bay Road (Raymond D. and Hilder Van Buren/Craig H. Johnson) DUANE DVORAK indicated 15 public hearing notices were mailed 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 HODGINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 10, U.S. Survey 3098 from RR1--Rural Residential One to B--Business in accordance with Section 17.72.030C of the Borough Code and to adopt KIBS226754 Page 7 of 29 P 8 Z Minutes: September 20, 1989 the findings of fact contained in the staff report dated August 30, 1989 as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 10, U.S. Survey 3098, from RR1--Rural Residential One to B--Business, is necessary and justified because the B--Business Zoning District permits development that: A. is consistent with the comprehensive plan; B. is suitable for the existing lot, given the existing lot size, width and placement of structures; C. will not adversely impact the surrounding developments nor affect traffic along Mill Bay Road. 2. Findings as to the Effect that a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Comprehensive plan designates this area for Light Industrial development. This designation most closely relates to the existing B--Business Zoning District in Borough Code. Previous staff opinions and Commission decisions have confirmed this interpretation. The rezoning of Lot 10, U.S. Survey 3098 to B--Business is consistent with the intent of the comprehensive plan as it applies to this lot. The effect of this zoning change will be: (1) to encourage the lot to redevelop from low -density residential land use to a commercial land use consistent with the comprehensive plan designation; and (2) to eventually eliminate noncompatible residential land uses from the area. E) Case 89-049. Request for a variance from Section 17.54.010 (Height -- Extension onto Public Property) of the Borough Code to permit a chain link fence to project into the Baranof Street right-of-way along the paved sidewalk. Lot 14, Block 47, East Addition; 1417 Baranof (Thomas H. and Joan J. Peterson) DUANE DVORAK indicated 49 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226755 Page 8 of 29 P & Z Minutes: September 20, 1989 COMMISSIONER KNUDSEN MOVED TO GRANT a variance from Section 17.54.010 of the Borough Code to permit a chain link fence to project into the Baranof Street right-of-way along the paved sidewalk on Lot 14, Block 47, East Addition subject to the conditions of approval contained in the staff report dated August 24, 1989; and to adopt the findings contained in the staff report dated August 24, 1989 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The fence is constructed at the applicants sole expense. 2. The applicant assumes any liability associated with said fence on City -owned property. 3. If at a future time the City determines that the fence must be removed from the City -owned right-of-way, the applicant or any subsequent owner of Lot 14, Block 47, East Addition, 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 not to reduce any required off-street parking. The motion was seconded and CARRIED by unanimous roll call vote. 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 conditions applicable to the intended use of the property for residential purposes is largely a perceptual one. Typically, residential property owners assume 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 possible that this property would not be maintained by the adjacent property owner. 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 extend to the front property line. This is an unnecessary hardship when many other fences in the community have been permitted to encroach on the public rights -of -way without first receiving a variance. Also, variances have been granted in the past for fences to project into the road rights -of -way when they have not created health or safety concerns. KIBS226756 Page 9 of 29 P & Z Minutes: September 20, 1989 r-- 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 or welfare because a chain link fence will not pose a line of sight problem along the Baranof Avenue right-of-way. Also, the conditions of approval will insure that any future removal of the fence will not result in a cost to the public. 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 and open space. This comprehensive plan designation is out of date because the area is a long established residential neighborhood and it is extremely unlikely that the City or Borough would seek acquisition of the area for public uses or open space. In addition, comprehensive plans do not address minor developments such as fences. 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 instance, actions of the applicant have caused the conditions from which relief is being sought by variance. This is due to the fact that the fence was partial ly/tempored ly constructed prior to the granting of the variance. However, staff believes that the variance would have been requested prior to construction of the fence if the applicant had understood that it was necessary. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. F) Case S-88-047. Request for preliminary approval of the subdivision of a Portion of unsurveyed Public Land within Section 32, Township 24 South, Range 24 West, Seward Meridian and replat to Lots 1 through 5 and Tract A, Onion Bay Subdivision Number 2. Generally located along the western shore of Onion Bay, Raspberry Island. (Kodiak Island Borough) (Postponed from the August 16, 1989 regular meeting) DUANE DVORAK indicated 20 public hearing notices were mailed for this case and 2 were returned. Staff recommended several options for the Commission's consideration if approval of this subdivision was to be granted. LINDA FREED noted that the Commission at their August 16, 1989 regular meeting unanimously approved motions (1) to reconsider Case S-88-047; and (2) to postpone action on Case S-88-047 until the September 20, 1989 regular meeting. Therefore, the original motion is now before the Commission: KIBS226757 Page 10 of 29 P & Z Minutes: September 20, 1989 Move to grant preliminary approval of the subdivision of a Portion of Unsurveyed Public Land within Section 32, Township 24 South, Range 24 West, Seward Meridian and replat to Lots 1 through 5 and Tract A, Onion Bay Subdivision Number 2, generally located along the western shore of Onion Bay, Raspberry Island, subject to the conditions of approval contained in the staff report dated August 3, 1989 and to adopt the findings of fact contained in the staff report dated August 3, 1989 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL: 1. That Tract A be rezoned to an appropriate zoning district in terms of possible use, lot size, and lot width; or, that a variance to permit the platting of Tract A in the present configuration be obtained; or, that Tract A be redrawn so that all lots in this subdivision conform to the requirements to Title 17 of the Borough Code, before the final plat is recorded. 2. That the subdivider obtain subdivision sanitation approval from the Alaska Department of Environmental Conservation before the final plat is recorded. Regular Session Closed. Public Hearing Opened: DOROTHY HOLM, representing Peter Holm, appeared before the Commission and expressed support for the preliminary plat before the Commission. DODD SHAY appeared before the Commission and expressed support for the preliminary plat before the Commission. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT stated that Tract A needed to be a minimum of five (5) acres to meet the requirements of the zoning code. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION by: (1) deleting condition of approval number one; (2) adding a new condition of approval stating that Tract A shall be redrawn by moving the lot line between Tract A and Lot 1 so that Tract A is a minimum of 5 acres in size. All of the other lot lines will be adjusted to meet the minimum lot size requirements for the C--Conservation Zoning District. The AMENDMENT was seconded and CARRIED by majority roll call vote. Commissioner Hartt voted "no." The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. KIBS226759 Page 11 of 29 P & Z Minutes: September 20, 1989 CONDITIONS OF APPROVAL: 1. Tract A shall be redrawn by moving the lot line between Tract A and Lot 1 so that Tract A is a minimum of 5 acres in size. All of the other lot lines will be adjusted to meet the minimum lot size requirements for the C--Conservation Zoning District. 2. That the subdivider obtain subdivision sanitation approval from the Alaska Department of Environmental Conservation before the final plat is recorded. FINDINGS OF FACT: 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code if the conditions of approval are adhered to. G) Case 89-017. Rural Development Zoning District Implementation. The Planning and Zoning Commission is considering the creation of a new zoning district, the Rural Development (RD) Zoning District. The purpose of this zoning district is to provide opportunities for development in remote areas of the Borough and to recognize the importance of the balanced utilization of natural resources. This zoning district is also designed to: (1) allow traditional commercial activities on remote land; and (2) provide a review mechanism for intensive development activities. A sixth (6th) draft of the regulations implementing this district are the subject of this public hearing. (Planning and Zoning Commission) (Postponed from the April 19, 1989 regular meeting.) COMMISSIONER BARRETT MOVED TO REMOVE CASE 89-017 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. DUANE DVORAK indicated 9 letters of response have been received since the implementation of this zoning district has been under consideration. Regular Session Closed. Public Hearing Opened: TONY DRABECK, representing Natives of Kodiak, appeared before the Commission and expressed support for changes in the language of this proposed zoning district as they relate to setbacks from anadromous and marine water bodies (see written comments). A discussion ensued between Commissioner Barrett and Mr. Drabeck regarding this language in the proposed zoning district. AL FOUTCH, representing KONCOR, appeared before the Commission and expressed support for changes as they relate to setbacks from anadromous and marine water bodies (see written comments). KIBS226759 Page 12 of 29 P & Z Minutes: September 20, 1989 A discussion ensued between Commissioner Barrett and Mr. Foutch regarding this language in the proposed zoning district. JIM CARMICHAEL, representing Afognak Native Corporation, appeared before the Commission and expressed support for the changes in the language of this proposed zoning district as stated by Mr. Drabeck and Mr. Foutch. KEVIN RYAN, representing the U.S. Fish and Wildlife Service, appeared before the Commission and expressed support for changes in the language of this proposed zoning district as related to the permitted uses of grazing and lodges (see written comments). Public Hearing Closed. Regular Session Opened. CHAPTER 17.--: RURAL DEVELOPMENT ZONING DISTRICT (RD) - Sixth (6th) Draft Sections: 17._.010 Description and Intent 17._.020 Permitted Principal Uses and Structures 17._.030 Permitted Accessory Uses and Structures 17. .040 Conditional Uses 17._.050 Minimum Lot Area and Width Requirements 17._.060 Maximum Lot Coverage for Structures 17._ 070 Maximum Height of Structures 17._.080 Setbacks from Property Lines 17._.090 Special District Regulations 17._.100 Fences, Parking, and Signs 17. .010 Description and Intent The Rural Development (RD) Zoning District is established for the purpose of providing opportunities for development in remote areas while at the same time recognizing the importance of the balanced utilization of natural resources. This zoning district is also designed to: (1) allow traditional commercial activities on remote land; and (2) provide a review mechanism for intensive development activities. 17. .020 Permitted Principal Uses and Structures 1. All of the principal uses and structures and conditional uses permitted in the Natural Use (NU) Zoning District. 2. Agricultural activities and support structures. 3. Commercial fishing and hunting activities and support structures, including mariculture activities and support structures. 4. Lodges. [Are limited to no more than five (5) unrelated people at one time - there is no limit on the number of related persons, plus the lodge operators and staff, for every acre of lot area.] 5. Recreational mining activities and support structures. KI13S226760 Page 13 of 29 P & Z Minutes: September 20, 1989 6. Residential structures. [No more than one residential structure for every acre of lot area.] 7. Timber harvesting activities. 17. .030 Permitted Accessory Uses and Structures In addition to those specifically identified in Section 17._.020, the following accessory uses and structures are permitted when developed in support of permitted principal uses. 1. Docks, piers, water intake facilities, power structures, etc. 2. Residential accessory buildings (e.g., banyas, outhouses, etc.). 3. Storage and warehouse structures (e.g., gear buildings, generator sheds, etc.). 4. Transportation and utility facilities (e.g., roads, pipelines, airstrips, etc.). 17. .040 Conditional Uses 1. Fish processing plants. 2. Logging camps and timber harvesting support facilities. 3. Non -recreational mineral extraction activities and support structures. 17. .050 Minimum Lot Area and Width Requirements 1. The minimum lot area required is five (5) acres. 2. The minimum lot width is two hundred fifty (250) feet. 17. .060 Maximum Lot Coverage for Structures The maximum lot coverage allowed by the total of all structures is five (5) percent of the lot area. 17. .070 Maximum Height of Structures 1. There is no maximum height limit for permitted principle uses and structures and permitted accessory uses and structures. 2. A maximum height limit may be specified as a condition of approval for approved conditional uses based on the specific request. 17. .080 Setbacks from Property Lines 1. Setbacks from property lines. a. There is a required front yard setback of twenty-five (25) feet. KIBS226761 Page 14 of 29 P & Z Minutes: September 20, 1989 b. There is a required side yard setback of twenty-five (25) feet. C. There is a required rear yard setback of twenty-five (25) feet. 2. Setbacks from marine waters. a. There is a required setback (i.e., clearing, filling, excavation, or structural development) of fifty (50) feet from the mean high tide of marine waters except in the case of timber harvesting activities whose required setback will be regulated by the applicable laws, rules, and regulations of the State of Alaska Forest Practices Act and its amendments. b. Water dependent facilities may be located closer than fifty (50) feet and over the water, if constructed on pilings or of a floating design, provided they do not contain facilities or operations which generate solid, liquid, or hazardous waste unless permitted to do so by the State and/or federal government. 3. Setbacks from anadromous fish water bodies. a. There is a required setback (i.e., clearing, filling, excavation, or structural development) of fifty (50) feet from bank vegetation of anadromous fish water bodies that are specified pursuant to AS 16.05.870(a) and 5 AAC 95.010 except when it is determined by the Alaska Department of Fish and Game that the required setback is not necessary for the protection, maintenance, or production of anadromous fish resources. b. Water dependent" in stream development activities and fording may be located closer than fifty (50) feet and in the water when permitted by the Alaska Department of Fish and Game as required by AS 16.05.870(b) and (d) and 5 AAC 95.700. 17. .090 Special District Regulations 1. Conditional uses in this zoning district may be but are not necessarily required to conform to the previously identified general district regulations. 2. Approved conditional uses in this district shall conform to the following specific performance standards: Water dependent is defined as a use, activity, or structure which can be carried out only on, in, or adjacent to water areas because the use, activity, and/or structure requires access to the water body (e.g., docks, piers, boat launching facilities, etc.). ** Water dependent is defined as a use, activity, or structure which can be carried out only on, in, or adjacent to water areas because the use, activity, and/or structure requires access to the water body (e.g., water intake facilities, micro -hydro projects, docks, piers, etc.). KIBS226762 Page 15 of 29 P & Z Minutes: September 20, 1989 a. Conditional uses must minimize the impact on the natural environment and shall preserve, to the maximum extent feasible and prudent natural features. Specifically: Conditional uses in upland habitats must retain natural vegetation coverage, natural drainage patterns, prevent excessive runoff and erosion, and maintain surface water quality and natural groundwater recharge areas; and Conditional uses in estuaries, tideflats, and wetlands must assure water flow, natural circulation patterns, and adequate nutrient and oxygen levels. b. Although a particular conditional use may constitute a minor change, the cumulative effect of numerous piecemeal changes can result in a major impairment of the environment. The particular site for which a conditional use application is made will be evaluated with the recognition that it may be part of a complete and interrelated environmental area. 17. .100 Fences, Parking, and Signs Fences, parking areas, and signs are permitted and unregulated when they are related to the use of the property for a permitted and/or approved conditional use. 17. .110 Nonconformities 1. Nonconforming lots are limited as to the permitted uses allowed. a. For lots that are less than five (5) acres in size, the following uses and structures will be permitted: All of the principal uses and structures and conditional uses permitted in the Natural Use (NU) Zoning District. ii. Agricultural activities and support structures. iii. Residential structures. [No more than one residential structure for every acre of lot area.] b. Any generally permitted principal and/or accessory use and structure that does not meet these minimum lot size requirements will be treated as a conditional use. 2. Nonconforming uses will be regulated by the general nonconforming use provisions of this title. 3. Nonconforming structures will be regulated by the general nonconforming structures provisions of this title. Feasible and prudent means consistent with sound engineering practices and not causing environmental, social, or economic problems that outweigh the public benefit to be derived from compliance with the condition which is modified by the term "feasible and prudent." KIBS226763 Page 16 of 29 P & Z Minutes: September 20, 1989 COMMISSIONER KNUDSEN MOVED TO AMEND THE PROPOSED DISTRICT REGULATIONS by changing 17.--.080 "3. Setbacks from anadromous fish water bodies (a) to read: a. There is a required setback (i.e., clearing, filling, excavation, or structural development) of fifty (50) feet from bank vegetation of anadromous fish water bodies that are specified pursuant to AS 16.05.870(a) and 5 AAC 95.010 except in the case of timber harvesting activities whose required setback will be regulated by the applicable laws, rules, and regulations of the State of Alaska Forest Practices Act and its amendments. The AMENDMENT was seconded and CARRIED by majority roll call vote. Commissioner Barrett voted "no." COMMISSIONER KNUDSEN MOVED TO AMEND THE PROPOSED DISTRICT REGULATIONS by changing references to "clearing" in both 17--.080 (2) Setbacks from marine waters and (3) Setbacks from anadromous fish water bodies to read: Clearing in the required fifty (50) foot setback shall be permitted with approval from the Alaska Department of Fish and Game. The AMENDMENT was seconded and FAILED by majority roll call vote. Commissioners Hodgins, Coleman, Barrett, Hendel, and Hartt voted "no." COMMISSIONER KNUDSEN MOVED TO AMEND THE PROPOSED DISTRICT REGULATIONS by changing Section 17. .020 Permitted Principal Uses and Structures number 2 to read, "Agricultural activities and support structures except grazing; Section 17. .040 Conditional Uses number 2 to read, "Grazing;" and renumbering the remaining items. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO AMEND THE PROPOSED DISTRICT REGULATIONS directing staff to provide language to permit landscaping and view provisions in the required setbacks from marine and anadromous waters. The AMENDMENT DIED FOR THE LACK OF A SECOND. COMMISSIONER KNUDSEN MOVED TO AMEND THE PROPOSED DISTRICT REGULATIONS Section 17. .020 Permitted Principal Uses and Structures number 4 to read, "Lodges. [Are limited to no more than three (3) unrelated people at one time - there is no limit on the number of related persons, plus the lodge operators and staff, for every three acres of lot area.] The AMENDMENT DIED FOR THE LACK OF A SECOND. COMMISSIONER KNUDSEN MOVED TO POSTPONE ACTION on the revised sixth (6th) draft of the Rural Development Zoning District and to forward the revised sixth (6th) draft of the Rural Residential Zoning District to the Borough Attorney for review. Staff is directed to KIBS226764 Page 17 of 29 P & Z Minutes: September 20, 1989 reschedule the Rural Development Zoning District for the Commission's agenda, with another public hearing, after any comments from the Borough Attorney have been received. The motion was seconded and CARRIED by unanimous roll call vote. H) Case 5-89-030. Request for preliminary approval of the subdivision of Tract A, U.S. Survey 1672 and replat to Tracts A-1, A-2, A-3, A-4, and A-5, U.S. Survey 1672. Generally located on Anton Larsen Island. (Laura M. Olsen/Thomas L. Schwantes) DUANE DVORAK indicated 31 public hearing notices were mailed for this case and 1 was returned, requesting an easement across Tract A-4 on the southern side of the island. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: OKEY CHANDLER appeared before the Commission and expressed support for additional easements. LAURA OLSEN appeared before the Commission and expressed support for this request. A discussion ensued among the Commissioners and Ms. Olsen regarding various easements. LILA SCHWANTES appeared before the Commission and expressed support for Ms. Olsen's request. MARTHA RANDOLPH appeared before the Commission and expressed support for Ms. Olsen's request. OKEY CHANDLER appeared before the Commission and expressed support for additional easements. PATRINA PETERSON appeared before the Commission and expressed support for Ms. Olsen's request. THOMAS SCHWANTES appeared before the Commission and expressed support for Ms. Olsen's original request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of Tract A, U.S. Survey 1672 and replat to Tracts A-1, A-2, A-3, A-4, and A-5, U.S. Survey 1672, adopting the findings contained in the staff report dated August 29, 1989 as "Findings of Fact" for this case, subject to the following conditions of approval: CONDITIONS OF APPROVAL: 1. A ten (10) foot easement along the shoreline shall be dedicated for pedestrian access for the benefit of Anton Larsen Island property owners. KIBS226765 Page 18 of 29 P & Z Minutes: September 20, 1989 2. A ten (10) foot utility easement shall be dedicated along the rear lot lines of Tracts A-1 through A-5, and along the southwest lot line of Tract A-1. 3. Place a note on the final plat stating: "Setbacks along the shoreline will be calculated from the mean high water line, plus an additional ten (10) feet to allow for a ten (10) foot pedestrian access easement along the shoreline dedicated for the benefit of Anton Larsen Island property owners." 4. Correct the title block to read "...Tract A, U.S. Survey 1672 Amended..." The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required by Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. r-- 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 1) Case S-89-032. Request for preliminary approval of the vacation of a Portion of U.S. Survey 1822 and Lots 13, 14, and 15, U.S. Survey 3233, and replat to Tract A, U.S. Surveys 1822 and 3233. (Don Zimmerman/Norman Sutliff) DUANE DVORAK indicated 42 public hearing notices were mailed for this case and 2 were returned stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: NORM SUTLIFF appeared before the Commission and expressed opposition to condition of approval number 1(a). Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT grant preliminary approval of the vacation of a Portion of U.S. Survey 1822 and Lots 13, 14, and 15, U.S. Survey 3233, and replat to Tract A, U.S. Surveys 1822 and 3233; subject to the condition of approval contained In the staff report dated August 29, 1989; and to adopt the findings contained in the staff report dated August 29, 1989 as "Findings of Fact" for this case. ICIBS226766 Page 19 of 29 P & Z Minutes: September 20, 1989 r— CONDITION OF APPROVAL: 1. Place the following notes on the final plat: a. "The setback along the Woody Island Channel will be calculated from the mean high water line or rubble mound breakwater, whichever is closer." b. "This plat is a reversion to acreage." The motion was seconded and CARRIED by unanimous roll call vote. J) Case S-88-029. Request for preliminary approval of the vacation of a platted fifty (50) foot wide road and utility easement from Sawmill Circle through Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision, and of the twenty-five (25) foot wide portion of the road and utility easement across the rear lot line of Lot 3, Block 4, Monashka Bay Alaska Subdivision. 1548 and 1626 Sawmill Circle (Fred P. Turcott/James A. Spalinger) (Postponed from the September 1988 regular meeting) COMMISSIONER KNUDSEN MOVED TO REMOVE CASE S-88-029 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. DUANE DVORAK indicated 44 public hearing notices were mailed and none were returned. Staff recommended postponing action on this r request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on Case S-88-029, a request for preliminary approval of the vacation of a platted fifty (50) foot wide road and utility easement from Sawmill Circle through Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision, and of the twenty-five (25) foot wide portion of the road and utility easement across the rear lot line of Lot 3, Block 4, Monashka Bay Alaska Subdivision, for six (6) months. The motion was seconded and CARRIED by unanimous voice vote. K) Case 89-050. New Rural Residential Zoning District Implementation. The Planning and Zoning Commission is considering the creation of a new zoning district: the Rural Residential (RR) Zoning District. The purpose of this zoning district is to provide opportunities for large lot (40,000 square foot minimum lot size), low density, residential land uses and to specifically prohibit commercial and industrial land uses. (Planning and Zoning Commission) DUANE DVORAK indicated 15 individual public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 opposed. KIBS226767 Page 20 of 29 P & Z Minutes: September 20, 1989 Regular Session Closed. Public Hearing Opened: CHAIRMAN HENDEL read a public hearing notice response from Dan Ogg, supporting the new Rural Residential Zoning District with a change that would permit agricultural uses, into the record. JOHN SHANK appeared before the Commission and expressed support for this request. BARRY STILL appeared before the Commission and expressed support for this request. GENE ERWIN appeared before the Commission and expressed support for this request. GARRY ERVIN appeared before the Commission and expressed opposition to this request. MERLE BROWN appeared before the Commission and expressed support for this request. BETTY BROILES appeared before the Commission and expressed opposition to this request. JENNIFER SPENCER appeared before the Commission and expressed support for this request. CHAIRMAN HENDEL read a public hearing notice response from Ron and Debbie Munro, expressing support for this request, into the record. BARRY STILL reappeared before the Commission and expressed support for this request. GENE ERWIN reappeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the regulations to implement a new Rural Residential Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. Staff noted that the proposed regulations would be sent to the Borough Attorney for review and comment prior to submission to the Borough Assembly. CHAPTER 17.-- RURAL RESIDENTIAL ZONING DISTRICT (RR) Sections: 17._.010 Description and Intent 17._.020 Permitted Principal Uses and Structures KIBS226768 Page 21 of 29 P & Z Minutes: September 20, 1989 1 2 17._.030 Permitted Accessory Uses and Structures 17. .040 Conditional Uses 17._.050 Minimum Lot Area and Width Requirements 17._.060 Maximum Lot Coverage for Structures 17._.070 Maximum Height of Structures 17._.080 Setbacks from Property Lines 17._.090 Fences, Parking, and Signs 17. .100 Nonconformities 17. .010 Description and Intent The Rural Residential (RR) Zoning District is established for the purpose of providing opportunities for large lot, low density, residential land uses, and to specifically prohibit commercial and industrial land uses. 17. .020 Permitted Principal Uses and Structures 1. Single-family dwellings. 17. .030 Permitted Accessory Uses and Structures 1. Accessory buildings.1 2. Home occupations.1 17. .040 Conditional Uses 1. Fireworks stands. 17. .050 Minimum Lot Area and Width Requirements 1. The minimum lot area required is forty thousand (40,000) square feet. 2. The minimum lot width is one hundred twenty (120) feet. 17. .060 Maximum Lot Coverage for Structures 1. The maximum lot coverage allowed by the total of all structures is fifteen (15) percent of the lot area. 2. For this zoning district, the maximum lot coverage allowed by the total of all accessory structures is five (5) percent.2 17. .070 Maximum Height of Structures 1. The maximum height limit for residential structures is thirty-five (35) feet. 2. The maximum height limit for other structures is contained in additional code regulations that apply to these structures. 17. .080 Setbacks from Property Lines 1. Setbacks from property lines. Please see additional code regulations for these structures and uses. This regulation supersedes the regulations contained in Chapter 17.51 (Accessory Buildings). Page 22 of 29 KIBS226769 P & Z Minutes: September 20, 1989 r-- a. There is a required front yard setback of twenty-five (25) feet. b. There is a required side yard setback of fifteen (15) feet. C. There is a required rear yard setback of twenty (20) feet. 17. .090 Fences, Parking, and Signs Regulations for fences, parking, and signs are contained in code sections that deal specifically with these items. 17. .100 Nonconformities Regulations for nonconformities (lots, uses, and structures) are contained in code sections that deal specifically with this item. L) Case 89-051. Request to rezone Tracts A-1 and A-2, Tract A, U.S. Survey 1682; Lots 1 through 14, Tract A, U.S. Survey 1682; Lots 1A-1 through 3, Block 1, Woodland Acres Subdivision; Lots 1 through 19, Woodland Acres 1st Addition; Lots 1 through 7, Block 1, Woodland Acres 2nd Addition; Lots 1 through 8, Block 2, Woodland Acres 2nd Addition; and Lots 1 through 6, Block 3, Woodland Acres 2nd Addition from RR1--Rural Residential One to RR --Rural Residential in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. This rezone request includes all the lots fronting on Woodland Drive, Seabreeze Circle, Bay Circle, and Sunset Drive. (Planning and Zoning Commission) COMMISSIONER BARRETT declared a possible 'conflict of interest." CHAIRMAN HENDEL RULED that a conflict of interest existed and requested that Commissioner Barrett step down. DUANE DVORAK indicated 208 public hearing notices were mailed for this case and 9 were returned, 4 in favor and 5 opposing this request. Regular Session Closed. Public Hearing Opened: CHAIRMAN HENDEL read public hearing notice responses from Linda Sharratt, Leo and Beth Kouremetis, and Terry and Jan Lovett, all expressing support for this request, into the record. JOHN SHANK appeared before the Commission and expressed support for this request. MIKE BRANDENBURGER appeared before the Commission and expressed support for this request. GENE ERWIN appeared before the Commission and expressed support for this request. BARRY STILL appeared before the Commission and expressed support for this request. MARGE HALTER appeared before the Commission and expressed support for this request. KIBS226770 Page 23 of 29 P & Z Minutes: September 20, 1989 JEFF SPENCER appeared before the Commission and expressed support for this request. GEORGE KIRK appeared before the Commission and expressed support for this request. MERLE BROWN appeared before the Commission and expressed support for this request. GARY SALTER appeared before the Commission and expressed support for this request. LOUIS SCHOLL appeared before the Commission and expressed opposition to this request. BRUCE BARRETT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tracts A-1 and A-2, Tract A, U.S. Survey 1682; Lots 1 through 14, Tract A, U.S. Survey 1682; Lot 3, Block 1, Woodland Acres Subdivision; Lots 1 through 7 and 17 through 19, Woodland Acres 1st Addition; Lots 1 through 7, Block 1, Woodland Acres 2nd Addition; Lots 1 through 8, Block 2, Woodland Acres 2nd Addition; Lots 1 through 6, Block 3, Woodland Acres 2nd Addition; from RR1--Rural Residential One to RR- -Rural Residential in accordance with Section 17.72.030B of the Borough Code and to adopt the findings of fact contained in the staff report dated September 10, 1989 as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. Staff noted that since the proposed regulations that would allow this rezone will be sent to the Borough Attorney for review prior to submission to the Borough Assembly this rezone would not be forwarded to the Assembly until after receipt of comments by the Borough Attorney on the proposed Rural Residential Zoning District regulations. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Tracts A-1 and A-2, Tract A, U.S. Survey 1682; Lots 1 through 14, Tract A, U.S. Survey 1682; Lots 1A-1 through 3, Block 1, Woodland Acres Subdivision; Lots 1 through 19, Woodland Acres 1st Addition; Lots 1 through 7, Block 1, Woodland Acres 2nd Addition; Lots 1 through 8, Block 2, Woodland Acres 2nd Addition; and Lots 1 through 6, Block 3, Woodland Acres 2nd Addition from RR1--Rural Residential One to RR --Rural Residential is necessary and justified because the RR --Rural Residential Zoning District permits development that: KIBS226771 Page 24 of 29 P & Z Minutes: September 20, 1989 Z& A. is not substantially less consistent with the comprehensive plan than the existing zoning; B. is suitable for the existing lots, given the existing lot sizes, widths and placement of structures; as well as the existing topography and coastal location; C. will not adversely impact surrounding developments nor negatively affect traffic in the area. 2. Findings as to the Effect that a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Comprehensive plan designates this area for Medium Density Residential Development. A change to the new zoning district, as noted above, is not substantially less consistent with the comprehensive plan than the existing zoning designation. Given the development that has already taken place in this subdivision, the existing configuration of the lots and the topography in the area, it is unlikely that this area could ever be developed at the medium density level. The effect of this zoning change will be to encourage the area to maintain its low density residential land use character through a traditional residential neighborhood. M) Capital Improvements Program (CIP). Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1991 through Fiscal Year 1995). Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The Commission discussed the CIP list. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly incorporate the following prioritized projects into the Borough's adopted CIP list for FY91 through FY95: 1. Mill Bay Road reconstruction. 2. Hospital construction 3. Chiniak Road erosion control/relocation 4. Sheratin/Perenosa construction 5. Community gear storage area and warehousing 6. Public water system filtration plant A&E 7. Rezanof Drive resurfacing 8. Kalsin Hill relocation 9. Left turn lanes at the State Airport and U.S. Coast Guard Base 10. Selief Lane drainage KIBS226772 Page 25 of 29 P & Z Minutes: September 20, 1989 The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Findings of Fact for the denial of Case S-89-024, a request for preliminary approval of the subdivision of Lot 3, Block 3, Woodland Acres 2nd Addition and replat to Lots 3A and 313, Block 3, Woodland '-- Acres 2nd Addition. 3974 Woodland Drive (Garry and Jane Ervin) Staff referred to additional handouts that related to the driveway for this property. COMMISSIONER HARTT MOVED TO ADOPT the findings contained in the staff report dated September 12, 1989, as "Findings of Fact" for the denial of Case S-89-024, a request for preliminary approval of the subdivision of Lot 3, Block 3, Woodland Acres 2nd Addition and replat to Lots 3A and 313, Block 3, Woodland Acres 2nd Addition. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT 1. Kodiak Island Borough Code Section 16.40.050 states that "the size and shape of lots shall be such as to provide usable building sites appropriate for the locality in which the subdivision is located." Based on public testimony, the Commission determined that this subdivision did not provide usable building sites appropriate for the Woodland Acres Subdivision in which it is located; this determination was based on the public testimony that appropriate lot sizes in the locality were 40,000 square feet or larger, and safe driveway access from the newly created lot on to Woodland Acres Drive could not be assured. 2. Kodiak Island Borough Code Section 15.26.040 states that "the grade slope should not exceed 15 percent from the end of the down slope of the off-street right-of-way to the parking area" for driveways in the Borough. Based on observations by Commissioners and public testimony, the Commission determined that the driveway for the proposed lots would most likely not meet this standard. B) Findings of Fact for the denial of Case S-89-026, a request for preliminary approval of the subdivision of Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision and replat to Lots 3A, 3B, 3C, 3D, 3E, 3F, 3G, and 3H, Block 4, Tract A, Bells Flats Alaska Subdivision. 346 Sargent Creek Road (Kodiak Livestock Association) COMMISSIONER HARTT MOVED TO ADOPT the findings contained in the staff report dated September 12, 1989, as "Findings of Fact" for the denial of Case S-89-026, a request for preliminary approval of the subdivision of Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision and replat to Lots 3A, 3B, 3C, 3D, 3E, 3F, 3G, and 3H, Block 4, Tract A, Bells Flats Alaska Subdivision. The motion was seconded and CARRIED by unanimous voice vote. ,OBS226113 Page 26 of 29 P & Z Minutes: September 20, 1989 FINDINGS OF FACT Kodiak Island Borough Code Section 16.40.050 states that "the size and shape of lots shall be such as to provide usable building sites appropriate for the locality in which the subdivision is located." Based on public testimony and observations by Commissioners, it was determined that the approval of this subdivision could limit the use of this property for its intended purpose - agricultural uses. Typically, large tracts of land are needed to support agricultural land uses such as feed lots and agricultural production. The subdivision of this tract into smaller lots will limit the development of these types of land uses. 2. An opinion from the Borough attorney dated July 18, 1989, states "In summary, I believe that the Borough's future interest in the property can be protected even if the property is subdivided, so long as a notation of the Borough's interest is made on the plat of the subdivision. You should take in to account, however, that it may be more difficult to enforce the Borough's interest after the tract has been subdivided." This piece of property has already been the subject of at least one enforcement action. As such, the Commission determined, supported by public testimony, that it was not prudent to approve subdivision of this tract, and thereby increase the difficulty of enforcement of the Borough's interest with regards to this tract. r There was no further old business. COMMISSION HODGINS MOVED TO EXTEND THE MEETING BEYOND 11:00 P.M. The motion was seconded and CARRIED by unanimous voice vote. VIII. NEW BUSINESS A) Case S-89-034. Request for an exception, in accordance with Section 16.10.050 (Exceptions) of the Borough Code to permit the Commission to waive the submission of a plat for approval by the Kodiak Island Borough. Alaska State Cadastral Survey 880167. (State of Alaska Department of Natural Resources) COMMISSIONER KNUDSEN MOVED TO GRANT an exception to waive the submission for approval of a plat prepared in accordance with the requirements of Title 16 of the Kodiak Island Borough Code for the vacation of Lot 1 and the creation of Lot 1A, within the East 1/2 of Section 1, Township 29 South, Range 23 West, Seward Meridian, Alaska, commonly known as Alaska State Cadastral Survey 880167, and to adopt the finding of fact contained in the memorandum dated August 31, 1989 as the "Finding of Fact" for this decision. The motion was seconded and CARRIED by unanimous voice vote. FINDING OF FACT: In granting an exception to waive the submission for approval of a plat proposed in accordance with the requirements of Title 16 of the Kodiak KIBS226774 Page 27 of 29 P & Z Minutes: September 20, 1989 Island Borough Code for Lot 1A, ASCS 880167, the Kodiak Island Borough Planning and Zoning Commission finds that the survey submitted is substantially in compliance with Section 16.10.050 (Exceptions) of the Borough Code. There was no further new business. IX. COMMUNICATIONS COMMISSIONER COLEMAN MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated August 17, 1989, to Tony Perez from Linda L. Freed, re: Case S-89-028 and an Administrative Decision. B) Memorandum dated August 24, 1989, to the "file" from Bob Scholze, re: Lot 1, Block 2, New Kodiak Subdivision (Authorized Marine - The Shop), Parking. C) Letter dated August 31, 1989, to Patrick Pikus and Phil Fogel from Bob Scholze, re: Lot 5A-1, U.S. Survey 3098 - 2015 Mill Bay Road - Storage in Airport Parking Zone Clean-up. D) Letter dated September 8, 1989, to Yeshi Benyamin from Bob Scholze, re: Lot 7A, Block 5, Miller Point Second Addition - 4053 Cliffside Drive - Outdoor storage; junk. There were no further communications. X. REPORTS COMMISSIONER HODGINS 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. B) Report of Abbreviated and Final Plats Approved from the Community Development Department. Staff commented that the worksession scheduled for September 27 1989 would focus on proposed changes to Title 16 to make it more workable for the staff, applicants, and surveyors. Local surveyors and others have been invited to attend the meeting. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS KIBS226775 Page 28 of 29 P & Z Minutes: September 20, 1989 AU.�JJNJWY WT CHAIRMAN HENDEL adjourned the meeting at 11:15 P.M. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By. d Patricia Miley, cretary Community D6Velopment Department DATE APPROVED: October 18, 1989 By: Robin Heinrichs, Vice Chairman KIBS226776 Page 29 of 29 P & Z Minutes: September 20, 1989