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1989-08-16 Regular MeetingNO KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 16, 1989 MINUTES CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Tom Hendel on August 16, 1989 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Tom Hendel, Chairman Bruce Barrett Wayne Coleman Jon Hartt Robin Heinrichs Jody Hodgins Mary Lou Knudsen A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Patricia Miley, Secretary Community Development Department Bud Cassidy Resource Management Officer Staff reported the following additions and deletions to the agenda: IX AGENDA ADDITIONS COMMUNICATIONS B) Letter dated August 9, 1989, to Marty Joseph from Bob Scholze, re: Lots 2 and 3, Block 1, Killarney Hills Subdivision - Non - permitted Use. C) Letter dated August 9, 1989, to Jim and Jill Koch from Duane Dvorak, re: Abbreviated Plat Case S-88-038 - Vacation of Lots 6 and 7, Block 2, Russian Creek Alaska Subdivision and replat to Lot 6A, Block 2, Russian Creek Alaska Subdivision. D) Letter dated August 9, 1989, to Scott Arndt from Duane Dvorak, re: Case S-85-016 - One (1) year extension of the preliminary plat approval period for Phase II of the subdivision of Holland Acres Second Addition, U.S. Surveys 3218 and 3463. E) Letter dated August 9, 1989, to Sven Haakanson, Mayor, City of Old Harbor, from Duane Dvorak, re: Old Harbor Comprehensive Plan. F) Letter received August 11, 1989, to Linda L. Freed from Don Zimmerman, re: Case 84-096 - Eastern Portion of U.S. Survey 1822. KIBS226781 P & Z Minutes: August 16, 1989 Page 1 of 20 G) Letter dated August 14, 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. H) Letter dated August 15, 1989, to Peter and Diedre Bailey from Bob Scholze, re: Portion of Lot 18A, U.S. Survey 3100 - 3284 Spruce Cape - Clean-up. 1) Letter dated August 16, 1989, to Dave Imus, Mike Waller, and Scott Arndt, Island Cable TV, from Bud Cassidy, re: Stop Work Order - Use of Kodiak Island Borough rights -of -way (with attachments) AGENDA DELETIONS X REPORTS A) Community Development Department Monthly Status Report B) Report on Abbreviated and Final Plats COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the regular meetings of June 21 and July 19, 1989 and the Special Meeting of July 26, 1989, as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Case 88-046. Request for a two (2) year extension of a previously approved variance from Section 17.24.040(A)(1) (Yards) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an 1--Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal Large) Staff recommended that the Commission grant a two (2) year extension of this previously approved variance. In addition, staff requested that the Commission clarify the intent of the original condition of approval. COMMISSIONER KNUDSEN MOVED TO GRANT a two (2) year extension of a previously approved variance from Section 17.24.040(A)(1) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty foot front yard setback in an 1--Industrial Zoning District on Tract D-1 of Tract A, Bells Flats Alaska Subdivision; and to confirm the findings of fact in the original variance approval. KIBS226782 P & Z Minutes: August 16, 1989 Page 2 of 20 The motion was seconded and CARRIED by unanimous voice vote. CONDITION OF APPROVAL 1. Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. The intent of this condition is to prohibit a loading dock and/or parking in front of the building adjacent to Sargent Creek Road. B) Request for Planning and Zoning Commission review in accordance with Section 17.33.020 (Permitted Uses) of the Borough Code, of a detailed site plan depicting a proposed neighborhood park/playground development to be located in the PL--Public Use Lands Zoning District. Lot 1A, Tract A, U.S. Survey 3465. (Kodiak Island Borough) Staff recommended that the Commission approve this site plan as being consistent with the requirements of the Borough Zoning Code, specifically Chapter 17.57. Parking and Chapter 17.33 PL--Public Use Lands. A discussion ensued among the Commissioners, the Resource Management Officer, and the Community Development Director, regarding off-street parking and traffic circulation. COMMISSIONER KNUDSEN MOVED TO APPROVE the site plan depicting a proposed neighborhood park/playground development to be located in the PL--Public Use Lands Zoning District on Lot 1A, Tract A, U.S. Survey 3465, finding that the plan is consistent with the applicable provisions of the zoning code, specifically Sections 17.33 and 17.57. The motion was seconded and CARRIED by unanimous voice call vote. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 89-043. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning Commission --Assembly Approval) and 18.20.1006 (Disposal for Fair Market Value) of the Borough Code of a disposal by easement of Borough land for less than fair market value to the Kodiak Electric Association to provide a forty (40) foot electrical easement to allow for the installation of a three (3) phase overhead electrical distribution line to replace the existing underground lines. Portion of Section 13, Township 27 South, Range 20 West Seward Meridian; generally located downstream from Monashka Creek Dam. (Kodiak Island Borough/Kodiak Electric Association) LINDA FREED indicated 6 public hearing notices were mailed and none were returned. Staff recommended that the Planning and Zoning Commission recommend that the Borough Assembly approve of the disposal of this property to the Kodiak Electric Association. Regular Session Closed. Public Hearing Opened: KIBS226783 P & Z Minutes: August 16, 1989 Page 3 of 20 Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners and Ernie Thompson, (KEA), regarding the abandonment of the underground electrical lines. COMMISSIONER KNUDSEN MOVED TO ADOPT Planning and Zoning Resolution 89-07-R in accordance with Sections 18.20.030 and 18.20.100 of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a parcel of Borough land for less than fair market value to the Kodiak Electric Association to provide a forty (40) foot electrical easement to allow for the installation of a three (3) phase overhead electrical distribution line to serve the Monashka Bay Dam and Reservoir pumphouse and to adopt the finding of fact contained in the staff report dated August 1, 1989. Legally described as a Portion of Section 13, Township 27 South, Range 20 East. The motion was seconded and CARRIED by unanimous roll call vote. FINDING OF FACT The disposal of Borough land to a non-profit association for a legitimate public purpose (i.e., supplying electrical service to the City of Kodiak water reservoir), at less than fair market value, is a valid basis for disposing of the Borough's interest in property. Granting of this easement will not significantly change the use or ownership pattern of the land which has already been established by the Borough. The disposal is consistent with both Title 17 of the Kodiak Island Borough Code and the Kodiak Island Borough Coastal Management Program. B) 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) LINDA FREED indicated 20 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: JIM POULOS appeared before the Commission and expressed opposition to this request. JERRY HOLT appeared before the Commission and expressed opposition to this request. SHARON MURPHY appeared before the Commission and expressed support for this request. KIBS226784 P & Z Minutes: August 16, 1969 Page 4 of 20 JERRY HOLT reappeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners, with input from Mr. Murphy, regarding the prospective development of this lot. COMMISSIONER HEINRICHS MOVED TO GRANT a variance from Section 17.19.040A of the Borough Code to permit a single-family dwelling to project eight (8) 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, on Lot 13C, U.S. Survey 3100 and to adopt the findings contained in the staff report [amended to reflect an eight (8) foot encroachment instead of the proposed thirteen (13) foot encroachment] dated July 31, 1989 as "Findings of Fact" for this case. The motion was seconded. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION to add a condition of approval to read: "No fill shall be placed within fifteen (15) feet of the natural drainage that transects the lot unless a drainage plan is submitted to and approved by the Planning and Zoning Commission." I The AMENDMENT was seconded. A discussion ensued among the Commissioners, with input from the Community Development Director, regarding the enforceability of this amendment. The question was called and the AMENDMENT FAILED by majority roll call vote. Commissioners Heinrichs, Hendel, Hodgins, and Hartt voted .,no.,. A discussion ensued among the Commissioners regarding postponing action on this request and directing staff to require that a site plan be submitted. COMMISSIONER HEINRICHS MOVED TO POSTPONE action on this request and to schedule another public hearing on this request at the September 20, 1989 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote C) Case 89-045. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning Commission --Assembly Approval) and 18.20.100A (Disposal for Fair Market Value) of the Borough Code of a disposal by easement of Borough land to Island Cable TV. Portion of Lot 1, U.S. Survey 2539; generally located in Russian River drainage between the Leta Street Right -of -Way and Bells Flats Road. (Kodiak Island Borough/Island Cable TV) KIBS226785 P & Z Minutes: August 16, 1989 Page 5 of 20 LINDA FREED indicated 72 public hearing notices were mailed for this case and none were returned. Staff recommended that the Planning and Zoning Commission recommend the disposal of this property to the Borough Assembly, subject to the conditions identified in the staff reports dated August 8, 1989. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO ADOPT Planning and Zoning Resolution 89-08-R, in accordance with Sections 18.20.030 and 18.20.100 of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a partial interest in Borough land for fair market value to Island Cable TV. A Portion of Lot 1, U.S. Survey 2539, subject to the conditions of approval contained in the staff reports dated August 8, 1989 based on the findings of fact contained in the staff reports for this case dated August 8, 1989. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The applicant shall obtain certification by the Alaska Public Utilities Commission of public utility status. 2. The applicant shall obtain written approval by the Alaska Department of Transportation and Public Facilities for use of the Russian Creek material site. 3. All other federal, state, and local requirements pertaining to crossing a creek must be adhered to. 4. Island Cable TV must pay the Borough the fair market value for the easement as determined by the Borough Assessor. 5. The applicant shall coordinate all cable installation activities in the easement and adjacent road rights -of -way with the Womens Bay Road Service District. 6. The applicant shall provide the Borough an as -built survey of the easement. FINDING OF FACT Granting of this easement will not significantly change the use or ownership pattern of the land which has already been established by the Borough and the State Department of Transportation/Public Facilities. This request is consistent with the applicable provisions of the Borough Code. KIBS226786 P & Z Minutes: August 16, 1989 Page 6 of 20 D) 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 February 19, 1989 regular meeting) COMMISSIONER KNUDSEN MOVED TO REMOVE CASE S-88-047 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. LINDA FREED indicated 34 public hearing notices were mailed and 3 were returned. Staff recommended approval of this subdivision subject to conditions. Regular Session Closed. Public Hearing Opened: PETER HOLM appeared before the Commission and expressed support for the approval of the original plat. TOM SIMMONS appeared before the Commission and expressed support for the approval of the original plat. BRYCE GORDON appeared before the Commission and expressed support for the approval of the original plat. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners with input from the Resource Management Officer and the Community Development Director regarding options for access, special use permits, preference rights, and co -existence of public use lands and set netting activities. COMMISSIONER KNUDSEN MOVED 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. The motion was seconded and FAILED by majority roll call vote. Commissioners Hartt, Barrett, Coleman, and Knudsen voted "no." The Commission deferred findings of fact for this case until their September 20, 1989 regular meeting. E) Case S-89-019. Request for preliminary approval of the vacation of Lots 15A, 17A, and 19A, Block 1, Allman Addition and replat to Lot 15A- 1, Block 1, Allman Addition. 1239 through 1251 Mill Bay Road (David and Karla Harville) KIBS226797 P & Z Minutes: August 16, 1989 Page 7 of 20 LINDA FREED indicated 26 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the vacation of Lots 15A, 17A, and 19A, Block 1, Allman Addition and replat to Lot 15A-1, Block 1, Allman Addition, subject to the condition of approval contained in the staff report dated August 3, 1989, and to adopt the findings contained in the staff report dated August 3, 1989 as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL: 1. Remove the reference to the municipal airport 'blear zone" prior to filing the final plat. r-- 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. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. F) Case S-89-020. Request for preliminary approval of the vacation of Lots 12B and 13C, Block 1, Miller Point Alaska Subdivision 2nd Addition and replat to Lots 1213-1 and 13C-1, Block 1, Miller Point Alaska Subdivision 2nd Addition. 4296 and 4304 Cliffside Road (Michael Rasmussen) LINDA FREED indicated 15 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this subdivision subject to one condition of approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226788 P & Z Minutes: August 16, 1989 Page 8 of 20 COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the vacation of Lots 12B and 13C, Block 1, Miller Point Alaska Subdivision Second Addition and replat to Lots 1213-1 and 13C- 1, Block 1, Miller Point Alaska Subdivision Second Addition, subject to the condition of approval contained in the staff report dated August 3, 1989; and to adopt the findings contained in the staff report dated August 3, 1989 as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL: 1. That a note be placed on the final plat stating: "The rear yard setback for Lots 1213-1 and 13C-1 shall be measured from the top of the high bank." 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. 3. This plat is generally consistent with adopted borough plans and provides a subdivision of land that supports those plans. G) Case S-89-021. Request for preliminary approval of the subdivision of Lots 5 and 6, Block 6, Miller Point 1st Addition and the vacation of a utility easement across Lots 5 and 6, Block 6, and replat to Lots 5A, 5B, 5C, 6A, 6B, and 6C, Block 6, Miller Point 1st Addition. 452 and 418 Lilly Drive (Michael W. Anderson) LINDA FREED indicated 22 public hearing notices were mailed and were none returned. Staff recommended approval of this subdivision subject to conditions of approval. Regular Session Closed. Public Hearing Opened: MIKE ANDERSON appeared before the Commission and expressed support for this request. Mr. Anderson requested that proposed condition of approval number 1 be removed. (Proposed condition of approval number 1: "The subdivider must obtain driveway permits for all lots created by this subdivision prior to recording the final plat.") A discussion ensued among the Commissioners and Mr. Anderson, with input from the Community Development Director, regarding a drainage plan and staff review of a drainage plan. DAN MILLARD, public hearing notice recipient, appeared before the Commission and expressed concern about drainage. MIKE ANDERSON reappeared before the Commission and expressed support for this request. KIBS226789 P 8 Z Minutes: August 16, 1989 Page 9 of 20 BUD CASSIDY appeared before the Commission and expressed concern about drainage onto Borough -owned Tract A. DAN MILLARD reappeared before the Commission and expressed concern about drainage. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners, with input from the Community Development Director regarding a drainage plan for this subdivision. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the subdivision of Lots 5 and 6, Block 6, Miller Point Alaska Subdivision First Addition and the vacation of a utility easement across Lots 5 and 6, Block 6, and replat to Lots 5A, 5B, 5C, 6A, 6B, and 6C, Block 6, Miller Point Alaska Subdivision First Addition, subject to conditions of approval 2 and 3 contained in the staff report dated August 3, 1989, and two more conditions to read: "a) A note be placed on the plat stating: No mobile homes or trailers will be allowed on the property. b) The developer shall give due consideration to maintaining the r natural drainage across the property and shall provide a narrative or schematic drainage plan to the Community Development Department prior to recording the final plat." And to adopt findings contained in the staff report dated August 3, 1989 as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL: 1. A note be placed on the plat stating: "No further subdivision of Lots 5C and 6A shall be allowed." 2. That the five (5) foot electrical easement be changed to a five (5) foot utility easement. 3. A note be placed on the plat stating: "No mobile homes or trailers will be allowed on the property." 4. The developer shall give due consideration to maintaining the natural drainage across the property and shall provide a "narrative or schematic drainage plan" to the Community Development Department prior to recording the final plat. KIBS226790 P & Z Minutes: August 16, 1989 Page 10 of 20 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. 3. This plat is generally consistent with adopted borough plans and provides a subdivision of land that supports those plans. CHAIRMAN HENDEL recessed the meeting for 10 minutes. CHAIRMAN HENDEL reconvened the meeting at 9:30 p.m. COMMISSIONER BARRETT MOVED TO RECONSIDER Case S-88-047, a 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. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO POSTPONE action on Case S-88- 047 until the September 20, 1989 regular meeting, noting that this item was to be scheduled for another public hearing at that time. The motion was seconded and CARRIED by unanimous voice vote. H) Case S-89-022. Request for preliminary approval of the vacation of Lots 5A and 513, Block 1, Miller Point Alaska Subdivision 2nd Addition and replat to Lots 5A-1, 513-1, and 513-2, Block 1, Miller Point Alaska Subdivision 2nd Addition. 3990 and 4002 Cliffside Road (Mike Nielson) LINDA FREED indicated 12 public hearing notices were mailed for this case and 4 were returned. Staff recommended approval of this subdivision subject to one condition of approval. Regular Session Closed. Public Hearing Opened: MIKE NIELSEN appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the vacation of Lots 5A and 5B, Block 1, Miller Point Alaska Subdivision Second Addition and replat to Lots 5A-1, 56-1, and 56-2, Block 1, Miller Point Alaska Subdivision Second Addition subject to the condition of approval contained in the staff report dated August 4, 1989 and to adopt the findings contained in the staff report dated August 4, 1989 as "Findings of Fact' for this case. KIBS226791 P & Z Minutes: August 16, 1989 Page 11 of 20 The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL: 1. The accessory building located on proposed Lot 513-1 must be relocated to a legal location 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. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 1) Case 5-89-023. Request for preliminary approval of the subdivision of Lot 18B, U.S. Survey 3100 and replat to Lots 1813-1 and 18B-2, U.S. Survey 3100. 3266 Spruce Cape Road (C. Walter Ebell) LINDA FREED indicated 17 public hearing notices were mailed for this case and 1 was returned. Staff recommended approval of this request subject to conditions. Staff also provided additional information received from Dan Millard, Facilities and Engineering Department, related to the sewer service and easements that affect this lot. Regular Session Closed. Public Hearing Opened: WALT EBELL appeared before the Commission and expressed support for this request. A discussion ensued among the Commissioners and Mr. Ebell regarding the placement of a sewer easement for an adjacent lot. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 18B, U.S. Survey 3100 and replat to Lots 1813-1 and 1813-2, U.S. Survey 3100, subject to the conditions of approval contained in the staff report dated August 4, 1989 and to adopt the findings contained in the staff report dated August 4, 1989 as "Findings of Fact" for this case, amending condition of approval number two to read: 'The ten (10) foot sewer easement created by Plat 83-16 shall be relocated to run adjacent to the property line between Lots 1813-1 and 186-2. This easement shall run to the intersection with the cross sewer easement, including the existing sewer stubout, and shall be vacated beyond the intersection and so noted on the final plat before the final plat is recorded." The motion was seconded and CARRIED by unanimous roll call vote. KIBS226792 P & Z Minutes: August 16, 1989 Page 12 of 20 CONDITIONS OF APPROVAL: 1. The subdivider must obtain a driveway permit for Lot 186-1 before the final plat is recorded; or, an easement across Lot 1813- 2 must be included on the final plat to provide adequate access to Lot 1813-1 as determined by the Engineering and Facilities Department. 2. The ten (10) foot sewer easement created by Plat 83-16 shall be relocated to run adjacent to the property line between Lots 186-1 and 1813-2. This easement shall run to the intersection with the cross sewer easement, including the existing sewer stubout, and shall be vacated beyond the intersection and so noted on the final plat before the final plat is recorded. 3. The accessory building (shed) on proposed Lot 1813-1 must be relocated to a legal location on Lot 1813-2 or removed before the final plat is recorded. 4. The rear setback for proposed Lots 1813-1 and 1813-2 shall be measured from the top of the bank. 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. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. J) Case S-89-024. Request for preliminary approval of the subdivision of Lot 3, Block 3, Woodland Acres 2nd Addition and replat to Lots 3A and 3B, Block 3, Woodland Acres 2nd Addition. 3974 Woodland Drive (Garry and Jane Ervin) COMMISSIONER BARRETT requested a ruling on a possible 'conflict of interest' as he resides within the public notification area. Commissioner Barrett noted that he did not receive a public hearing notice. CHAIRMAN HENDEL ruled that Commissioner Barrett had no 'conflict of interest." LINDA FREED indicated 14 public hearing notices were mailed and 1 was returned. Staff recommended approval of this subdivision subject to one condition of approval. Regular Session Closed. Public Hearing Opened: MIKE BRANDENBURGER appeared before the Commission and expressed opposition to this request. KIBS226793 P & Z Minutes: August 16, 1989 Page 13 of 20 PEGGY BRANDENBURGER appeared before the Commission and expressed opposition to this request. JEFF SPENCER appeared before the Commission and expressed opposition to this request. JENNIFER SPENCER appeared before the Commission and expressed opposition to this request. Ms. Spencer read a public hearing notice response from John and Ginny Shank, expressing opposition to this request, into the record. PEGGY BRANDENBURGER reappeared before the Commission and expressed opposition to this request. MERLE BROWN appeared before the Commission and expressed opposition to this request. BARRY STILL appeared before the Commission and expressed opposition to this request. JANE ERVIN appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. LINDA FREED responded to the public hearing comments regarding the improper notification of area residents. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Block 3, Woodland Acres Second Addition and replat to Lots 3A and 3B, Block 3, Woodland Acres Second Addition, subject to the condition of approval contained in the staff report dated August 4, 1989 and to adopt the findings contained in the staff report dated August 4, 1989 as "Findings of Fact' for this case. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Coleman, Heinrichs, Barrett, Hodgins, Hartt, Knudsen, and Hendel voted "no." The Commission deferred "Findings of Fact' until their September 20, 1989 regular meeting. K) Case S-89-025. Request for preliminary approval of the vacation of Lots 6, 7, 8, 9, 10, 11, and 12 and replat to Lot 6A, U.S. Survey 3511. 217 Benny Benson Drive (Kodiak Island Borough) LINDA FREED indicated 38 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. KIBS226794 P & Z Minutes: August 16, 1989 Page 14 of 20 Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the vacation of Lots 6, 7, 8, 9, 10, 11, and 12 and replat to Lot 6A, U.S. Survey 3511, subject to the conditions of approval contained in the staff report dated August 4, 1989, and to adopt the findings contained in the staff report dated August 4, 1989 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL: 1. Lot 6, U.S. Survey 3511 shall be rezoned from RR1--Rural Residential One to PL--Public Use Lands prior to recording the final plat. 2. Provide a twenty (20) foot electrical easement for Kodiak Electric Association's 12.5 Kv electrical distribution line. 3. Provide a five (5) foot wide electrical easement adjacent to the sewer easement. 4. Extend the sewer easement to include the existing sanitary sewer system. 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. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. COMMISSIONER HODGINS MOVED TO EXTEND THE MEETING BEYOND 11:00 P.M. The motion was seconded and CARRIED by unanimous voice vote. L) Case S-89-026. Request for preliminary approval of the subdivision of Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision and replat to Lots 3A, 313, 3C, 3D, 3E, 3F, 3G, and 31-1, Block 4, Tract A, Bells Flats Alaska Subdivision. 346 Sargent Creek Road (Kodiak Livestock r Association) LINDA FREED indicated 16 public hearing notices were mailed for this case and 2 were returned, expressing opposition to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: KIBS226795 P & Z Minutes: August 16, 1989 Page 15 of 20 OMAR STRATMAN, President of Kodiak Livestock Association, appeared before the Commission and expressed support for this request. KAREN BERNS appeared before the Commission and expressed opposition to this request. BILL BURTON appeared before the Commission and expressed support for this request. JANET TOLAND appeared before the Commission and expressed opposition to this request. TODD DORMAN appeared before the Commission and expressed support for this request. JANET WENTE appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners, with input from Mr. Burton and Mr. Stratman regarding this request. COMMISSIONER HEINRICHS MOVED TO GRANT 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, and 3G, Block 4, Tract A, Bells Flats Alaska Subdivision subject to the conditions of approval contained in the staff report dated August 5, 1989 and to adopt the findings contained in the staff report dated August 5, 1989 as "Findings of Fact" for this case. The motion was seconded and FAILED by majority roll call vote. Commissioners Knudsen, Hartt, Heinrichs, Hodgins, and Coleman voted "no." Commissioner Barrett "abstained." The Commission deferred "Findings of Fact' for this case until their September 20, 1989 regular meeting. M) Case S-89-027. Request for preliminary approval of the subdivision of Tract S-4A-2A, U.S. Survey 3218 and replat to Tracts S-4A-2A-1 and S- 4A-2A-2, U.S. Survey 3218. (Mill Bay Plaza Association) LINDA FREED indicated 19 public hearing notices were mailed and none were returned. Staff recommended approval of this request subject to one condition of approval. Regular Session Closed. Public Hearing Opened: WALT EBELL appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. KIBS226796 P & Z Minutes: August 16, 1989 Page 16 of 20 COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Tract S-4A-2A, U.S. Survey 3218 and replat to Tracts S-4A-2A-1 and S-4A-2A-2, U.S. Survey 3218, subject to the condition of approval contained in the staff report dated August 5, 1989, and to adopt the findings contained in the staff report dated August 5, 1989 as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. N) Case S-89-028. Request for preliminary approval of the subdivision of Lots 6 and 7, U.S. Survey 3100 and replat to Lots 1 through 10, Perez Estates Subdivision. 3123 and 3163 Spruce Cape Road (Tony Perez) LINDA FREED indicated 46 public hearing notices were mailed for this case and 4 were returned. Staff recommended approval of this subdivision subject to conditions. Regular Session Closed. Public Hearing Opened: JIM POULOS appeared before the Commission and expressed opposition to this request. JERRY HOLT appeared before the Commission and expressed opposition to this request. NORMA HOLT appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners, with input from the Community Development Director, regarding the proposed subdivision. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Lots 6 and 7, U.S. Survey 3100 and replat to Lots 1 through 10, Perez Estates Subdivision subject to conditions of approval numbered 1, 2, 3, and 4 contained in the staff report dated August 5, 1989, adding conditions: "5. Reorient Lots 1, 2, 9, and 10 to front on Perez Way. 6. Place a note on the final plat stating: Access for Lots 1 and 10 [the two (2) corner lots] is limited to Perez Way." And to adopt the findings contained in the staff report dated August 5, 1989 as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226797 P 8 Z Minutes: August 16, 1989 Page 17 of 20 VII VIII. IX. CONDITIONS OF APPROVAL: 1. Abate all illegal land uses including outdoor storage on Lots 6 and 7 prior to the filing of the final plat. 2. Relocate or remove all structures to legal locations in accordance with Title 17 of the Borough Code. 3. Include a cul-de-sac [radius fifty (50) feet] at the end of Perez Way. 4. Place a five (5) foot utility easement along the Perez Way right- of-way. 5. Reorient Lots 1, 2, 9, and 10 to front on Perez Way. 6. Place a note on the final plat stating: "Access for Lots 1 and 10 [the two (2) corner lots] is limited to Perez Way." 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. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS COMMISSIONER HODGINS MOVED items A through I of communications CARRIED by unanimous voice vote. A) Subdivision application form. TO ACKNOWLEDGE RECEIPT of The motion was seconded and B) Letter dated August 9, 1989, to Marty Joseph from Bob Scholze, re: Lots 2 and 3, Block 1, Killarney Hills Subdivision - Non -permitted Use. C) Letter dated August 9, 1989, to Jim and Jill Koch from Duane Dvorak, re: Abbreviated Plat Case S-88-038 - Vacation of Lots 6 and 7, Block 2, Russian Creek. Alaska Subdivision and replat to Lot 6A, Block 2, Russian Creek Alaska Subdivision. KIBS226799 P a Z Minutes: August 16, 1989 Page 18 of 20 D) Letter dated August 9, 1989, to Scott Arndt from Duane Dvorak, re: Case S-85-016 - One (1) year extension of the preliminary plat approval period for Phase II of the subdivision of Holland Acres Second Addition, U.S. Surveys 3218 and 3463. E) Letter dated August 9, 1989, to Sven Haakanson, Mayor, City of Old Harbor, from Duane Dvorak, re: Old Harbor Comprehensive Plan. F) Letter received August 11, 1989, to Linda L. Freed from Don Zimmerman, re: Case 84-096 - Eastern Portion of U.S. Survey 1822. G) Letter dated August 14, 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. H) Letter dated August 15, 1989, to Peter and Diedre Bailey from Bob Scholze, re: Portion of Lot 18A, U.S. Survey 3100 - 3284 Spruce Cape - Clean-up. I) Letter dated August 16, 1989, to Dave Imus, Mike Waller, and Scott Arndt, Island Cable TV, from Bud Cassidy, re: Stop Work Order - Use of Kodiak Island Borough rights -of -way (with attachments) There were no further communications. X. REPORTS LINDA FREED reported that as a result of a Community Development Department staff meeting held on August 11th, subdivisions will be processed by the existing methods used for Title 17 Planning and Zoning Commission reviews. It was the opinion of staff that the process would be less complicated, less time consuming, and more accurate if subdivisions were processed in the established manner along with Title 17 Planning and Zoning Commission reviews. This will necessitate transferring some of the department secretary's workload to the half time position shared with the Facilities and Engineering Department. The Kodiak City Council has requested a joint worksession with the Planning and Zoning Commission on Tuesday, August 29, to discuss development of Near Island. LINDA FREED requested direction from the Commission regarding subdivision processing. Ms. Freed noted that a check list of application deficiencies is being developed and that the local surveyors would like to meet in a worksession to discuss possible revisions to Title 16. Ms. Freed noted that the local surveyors object to signing the subdivision application form. Horizon Surveying will sign but attaches a "disclaimer," while Ecklund Surveying refuses to sign. The Commission directed staff to arrange a worksession with the surveyors and to develop the check list, but not to refuse to accept subdivisions because of deficiencies. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. KIBS226799 P & Z Minutes: August 16, 1989 Page 19 of 20 XII. COMMISSIONERS' COMMENTS The Commission expressed disappointment that they did not receive any comments on the subdivision cases from the Facilities and Engineering Department. XIII. ADJOURNMENT CHAIRMAN HENDEL adjourned the meeting at 12:15 a.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: w 6Aa Tom Hendel, Chairman ATTEST By: �r�'ti` a Patricia Mile , Pecretary Community velopment Department DATE APPROVED: September 20, 1989 KIBS226800 P & Z Minutes: August 16, 1989 Page 20 of 20