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1990-02-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 21, 1990 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairperson Robin Heinrichs on February 21, 1990 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Robin Heinrichs, Chairperson Jon Aspgren Bruce Barrett Wayne Coleman Jon Hartt Tom Hendel Jody Hodgins A quorum was established. APPROVAL OF AGENDA Others Present: Duane Dvorak, Acting Director Community Development Department Patricia Miley, Secretary Community Development Department Staff reported the following additions to the agenda: AGENDA CHANGES VI PUBLIC HEARINGS The applicant has requested that Item D be moved to the end of public hearings: D) Case 90-006. Request for a conditional use permit in accordance with Section 17.21.030 D and E (Conditional Uses) of the Borough Code to permit one or more warehouses with an apartment (single-family residence), to locate in a Business Zoning District. Lot 1, Block 3, Miller Point Alaska Subdivision - 4673 Rezanof Drive East. (Alaska Seafood, et al; C.L. Lowenberg) AGENDA ADDITIONS IX COMMUNICATIONS B) Letter dated February 9, 1990, from Bob Scholze to Gary and Stacie Peterson, re: Lot 34A, Block 1, Airpark First Addition - 1321 Mill Bay Road (Island Auto). COMMISSIONER BARRETT MOVED TO ACCEPT the agenda with the changes and additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS226993 Page 1 of 23 P & Z Minutes: February 21, 1990 r-- IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HENDEL MOVED TO ACCEPT the minutes of the January 17, 1990 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. VI. PUBLIC HEARINGS A) Case 90-002. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code for conceptual approval of a residential community development for a maximum of seventeen (17) single-family residences (and other ancillary structures and activities associated with residential uses) in the Conservation Zoning District on two (2) tracts of land totalling approximately 274 acres. Tracts A and B, Township 25 South, Range 22 West, Seward Meridian, as shown on Plats 89-8-RS, 88-4-RS, and 87-39-RS. Generally located on Raspberry Strait Narrows, Afognak Island. (Aleneva Joint Venture; Fred Reutov; Mike and Enola Mullan) (Postponed from the January 1990 regular meeting) DUANE DVORAK indicated 18 public hearing notices were mailed and 2 were returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT an exception from Section 17.13.020 of the Borough Code for conceptual approval of a residential community development for a maximum of seventeen (17) single-family residences (and other ancillary structures and activities associated with residential uses) in the Conservation Zoning District on two (2) tracts of land totalling approximately 274 acres. Tracts A and B, Township 25 South, Range 22 West, Seward Meridian, as shown on Plats 89-8-RS, 88-4-RS, and 87-39-RS, generally located on Raspberry Strait Narrows, Afognak Island, subject to the conditions of approval contained in the staff report dated February 6, 1990; and to adopt the findings contained in the staff report dated February 6, 1990 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Until such time as the property is subdivided into lots of appropriate size for the applicable zoning district, the maximum number of single-family dwelling units permitted on this site is seventeen (17). KIBS226994 Page 2 of 23 P & Z Minutes: February 21, 1990 2. Aleneva Joint Venture will submit a site plan for review with each request for zoning compliance. The site plan will show the approximate location of each new structure in relation to the outer tract boundaries and other structures in the area so that staff is assured that adequate area [two to five (2 - 5) acres] is maintained around each dwelling. 3. The Aleneva Joint Venture must obtain the required permit(s) from the Alaska Department of Environmental Conservation for individual, on -site wastewater treatment facilities and/or a sanitary landfill, and shall submit a copy of the permit(s) to the Community Development Department prior to issuance of zoning compliance. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety, or general welfare. Logging base camps and hunting and fishing lodges have previously located on Afognak Island and nearby Raspberry Island. Departmental records do not indicate that these existing developments have posed any danger to public health, safety, or welfare. In addition, stipulations required by the sales agreement, as well as those of State and federal agencies will help to assure that the development of the residential structures will not degrade land and water quality and important marine resources. The applicant has indicated that each residential structure will have an on -site wastewater disposal system. In addition, the applicant has indicated that although the property cannot be subdivided at this time, the plan is to provide a two to five (2 - 5) acre "lot" for each structure as the topography and soil conditions of the land permit. [While the Aleneva Joint Venture agreement stipulated a two (2) acre minimum "lot" size, when the Kodiak Island Borough Zoning Code requirement of a five (5) acre minimum lot size was discussed with the applicant, no objection was expressed regarding this requirement. However, since the applicant has had some time now to become familiar with the site, it seems that the applicant would like some flexibility in this regard as the site seems to have some limitations due to topography and soil conditions.] The applicant stated that it was too early to be able to say whether there will ever be any community structures requiring institutional types of support (i.e., bulk fuel storage facilities, etc.). The applicant indicated that domestic refuse will be brought to Kodiak until an appropriate site is identified near the residential development, subject to the approval of the Alaska Department of Environmental Conservation. KIBS226995 Page 3 of 23 P & Z Minutes: February 21, 1990 According to the applicant, vegetation will be maintained to the extent feasible and prudent. The conditions of the sales agreement limit the harvest of trees only to those required for cabin construction and for firewood. In order to harvest additional trees the Aleneva Joint Venture would have to obtain the approval of the U.S. Secretary of the Interior. The Aleneva Joint Venture cannot engage in forest management harvesting of timber until title has been transferred to the Aleneva Joint Venture. If the conditions suggested in the preceding paragraphs and those contained in the attached sales agreements and joint venture agreements are adhered to, and if all other zoning, and sanitation codes are substantially complied with, the proposed use should not endanger the public's health, safety, or general welfare. These conditions should be included in any zoning compliance issued for this development to insure that the applicant is aware and understands the conditions fully. The applicant has provided staff with a general site plan for the development. Staff will work with the applicant to update the site plan as needed so that the limitations of this exception are not exceeded. A site plan review should be required at the time zoning compliance is requested for each new development on this property. B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description of Chapter 17.13 (Conservation Zoning District) of the Borough Code. Only residential activities are permitted in the Conservation Zoning District. C. The proposed use does not appear to adversely impact other properties in the area. The tracts of property are large enough that, if the minimum setbacks for the C-- Conservation Zoning District are observed, there will be no conflict with future uses which might adjoin the property. Because the use will continue to be residential, there will be no change in the basic character of the area, only an increase in the amount of use. Due to the existing pattern of property ownership and the location of other existing land uses, there will be a separation of uses that is well in excess of Borough Code requirements. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 90-003. Request for the rezoning of Lots 1 through 13, Block 1, Elderberry Heights Subdivision, Lots 1 and 2, Block 6, Elderberry Heights Subdivision Third Addition, and an Unsubdivided Portion of U.S. Survey 1396 from RR1--Rural Residential One to R-1--Single- family Residential in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Generally located on the north side of Selief Lane between Mylark Lane and Selief Court. (Lee Russell; Planning and Zoning Commission) (Postponed from the January 1990 regular meeting) KIBS226996 Page 4 of 23 P & Z Minutes: February 21, 1990 DUANE DVORAK indicated 94 public hearing notices were mailed for this case and 6 were returned, 5 opposing and 1 stating non -objection to this request. Staff recommended the Commission forward this request to the Kodiak Island Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: GEORGE GRIFFING, owner of Lot 8, Block 1, Elderberry Heights Subdivision, appeared before the Commission and expressed opposition to the rezoning of Lots 1 through 13, Block 1, Elderberry Heights Subdivision. BOB SATTERWAITE, owner of Lot 5, Block 1, Elderberry Heights Subdivision, appeared before the Commission and expressed opposition to the rezoning of Lots 1 through 13, Block 1, Elderberry Heights Subdivision. GEORGE GRIFFING, reappeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. The Commission discussed the rezoning of Lots 1 through 13, Block 1, Edlerberry Heights Subdivision. COMMISSIONER HENDEL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 1 and 2, Block 6, Elderberry Heights Subdivision Third Addition, and an Unsubdivided Portion of U.S. Survey 1396 from RR1--Rural Residential One to R1-- Single-family Residential in accordance with Section 17.72.030 of the Borough Code and to defer adoption of "Findings of Fact' until the March 21, 1990 regular meeting. The motion was seconded and CARRIED by majority roll call vote. Commissioner Hodgins voted "no." C) Case 90-005. An appeal of an Administrative Decision in accordance with Section 17.68.020B (Appeals from Administrative Decisions) of the Borough Code of a decision: (a) ordering the discontinuation of an unlawful use of land (outdoor fishing gear storage where no owner - occupied dwelling is located) in an RR1--Rural Residential One Zoning District; and (b) removal of all items classified as outdoor fishing gear storage within thirty (30) days. The appellant seeks the following relief: An exception from Section 17.17.020D (Permitted Uses) of the Borough Code to permit the location of outdoor fishing gear storage on a lot where there is no owner - occupied dwelling in an RR1--Rural Residential One Zoning District. Lot 1A-2, Block 1, Woodland Acres Subdivision - 4050 Rezanof Drive East. (Jock Bevis) KIBS226997 Page 5 of 23 P & Z Minutes: February 21, 1990 DUANE DVORAK indicated 28 public hearing notices were mailed for this case and 1 was returned, stating non -objection to the exception request. Staff recommended affirmation of the Administrative Decision and denial of the exception request. Regular Session Closed. Public Hearing Opened: JOCK BEVIS, appellant, appeared before the Commission and expressed support for the exception request. GABE McKILLY appeared before the Commission and expressed support for the exception request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO AFFIRM the administrative decision that the outdoor storage of fishing gear on Lot 1A-2, Block 1, Woodland Acres Subdivision without an owner occupied main structure, is an unlawful use of land and that the outdoor storage of all items identified as fishing gear on the lot must be removed from the property by March 20, 1990. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO GRANT an exception from Section 17.17.020 of the Borough Code to permit the location of outdoor storage of commercial fishing gear on Lot 1A-2, Block 1, Woodland Acres Subdivision, where there is no owner occupied main structure in an RRi--Rural Residential One Zoning District, subject to the following condition: 1. This exception expires when the owner of record for Lot 1A-2 changes. The motion was seconded and CARRIED by unanimous roll call vote. The Commission deferred adoption of "Findings of Fact' until the end of the meeting. D) Case 90-007. Request for the rezoning of Lots 4 through 11, Block 3, Lakeside Subdivision from 1--Industrial to R2--Two-family Residential in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code. 2095 - 2323 Selief Lane and 443 Von Scheele Way; generally surrounded by Beaver Lake Drive, Selief Lane, and Von Scheele Way. (Kodiak Island Borough) DUANE DVORAK indicated 19 public hearing notices were mailed and 1 was returned, opposing the rezoning of Lot 10 (greenbelt). Staff recommended postponing this request until the March regular meeting and expanding the rezone to include all of Block 3, Lakeside Subdivision. Regular Session Closed. Public Hearing Opened: KIBS226999 Page 6 of 23 P & Z Minutes: February 21, 1990 SCOTT ARNDT appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO POSTPONE action on Case 90- 007 until the March 21, 1990 regular meeting and to reschedule this case for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. E) Case S-90-001. Request for preliminary approval of the subdivision of Tract E, U.S. Survey 1682 creating Lots 1 through 10, Block 12, and Lots 1 through 27, Block 13, Woodland Acres Eighth Addition. (Len Grothe; Lee Russell) (Postponed from the January 1990 regular meeting) DUANE DVORAK indicated 93 public hearing notices were mailed for this case and 3 were returned, 1 opposing and 2 stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The Commission discussed the flag stem width variance. COMMISSIONER HENDEL MOVED TO GRANT a variance from Section 16.40.050C1 of the Borough Code to permit the creation of flag stem lot access on Lots 2, 3, 6, and 7, Block 12, Woodland Acres Eighth Addition, which is only twenty (20) feet in width rather than the thirty (30) feet required by Borough Code, and to adopt the findings contained in the staff report dated February 13, 1990, as "Findings of Fact' for this case. FINDINGS OF FACT 1. Thirty (30) foot flag stem access to the four (4) flag lots proposed on Tract E, U.S. Survey 1682, will significantly reduce the usable lot area available for development of single-family and duplex dwellings on the sites. 2. Smaller buildable lot area in this subdivision may encourage future property owners to infill the existing wetlands and drainage areas in order to expand the size of structures and usable yard space. 3. This plat, if a variance is granted for the twenty (20) foot wide flag stems on Lots 2, 3, 6, and 7, Block 12, Woodland Acres Eighth Addition, is generally consistent with adopted Borough KIBS226999 Page 7 of 23 P & Z Minutes: February 21, 1990 plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of Tract E, U.S. Survey 1682, creating Lots 1 through 10, Block 12, and Lots 1 through 27, Block 13, Woodland Acres Eighth Addition; subject to the conditions of approval contained in the staff report dated February 13, 1990, adding condition of approval number six (6) to read "6. The final plat shall be reviewed by the Planning and Zoning Commission prior to final approval;" and to adopt the findings contained in the staff report dated January 6, 1990, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat stating: "The front yard setback for Lots 2, 3, 6, and 7, Block 12; and Lot 15, Block 13, Woodland Acres 8th Addition, will be calculated from the rear lot lines of Lots 1, 4, 5, and 8, Block 12; and Lot 14, Block 13, Woodland Acres Subdivision 8th Addition as applicable." 2. Obtain approval from the Alaska Department of Environmental Conservation for the engineered drawings of the community sewer system proposed for this subdivision. 3. The applicant is advised that this property may be under the jurisdiction of the U.S. Army Corps of Engineers. It is recommended that the applicant obtain a wetlands determination for the site from the U.S. Army Corps of Engineers prior to final approval of the subdivision. A narrative drainage plan for the site must be submitted to the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 4. Dedicate a five (5) foot wide utility easement along the frontage of all lots created by this survey. 5. Dedicate a ten (10) foot wide utility easement along the common boundary with Block 6, Woodland Acres Subdivision Fourth Addition and Blocks 7 and 8, Woodlands Acres Subdivision Fifth Addition. 6. The final plat shall be reviewed by the Planning and Zoning Commission prior to final approval. 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. KIBS227000 Page 8 of 23 P & Z Minutes: February 21, 1990 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not excuse the subdivider from compliance with applicable State and federal regulations. The motion was seconded. COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION by deleting condition of approval number five (5). The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Place a note on the final plat stating: "The front yard setback for Lots 2, 3, 6, and 7, Block 12; and Lot 15, Block 13, Woodland Acres 8th Addition, will be calculated from the rear lot lines of Lots 1, 4, 5, and 8, Block 12; and Lot 14, Block 13, Woodland Acres Subdivision 8th Addition as applicable." 2. Obtain approval from the Alaska Department of Environmental Conservation for the engineered drawings of the community sewer system proposed for this subdivision. 3. The applicant is advised that this property may be under the jurisdiction of the U.S. Army Corps of Engineers. It is recommended that the applicant obtain a wetlands determination for the site from the U.S. Army Corps of Engineers prior to final approval of the subdivision. A narrative drainage plan for the site must be submitted to the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 4. Dedicate a five (5) foot wide utility easement along the frontage of all lots created by this survey. 5. Deleted. 6. The final plat shall be reviewed by the Planning and Zoning Commission prior to final approval. 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. KIBS227001 Page 9 of 23 P & Z Minutes: February 21, 1990 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. 4. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not excuse the subdivider from compliance with applicable State and federal regulations. F) Case S-90-002. Request for preliminary approval of the subdivision of Lot 213, Block 1, Woodland Acres Subdivision creating Lots 213-1 and 213-2, Block 1, Woodland Acres Subdivision. 3695 Sunset Drive (Dennis and Wilma Cox) (Postponed from the January 1990 regular meeting) BRUCE BARRETT declared that he had a potential "conflict of interest" due to the fact that he lived in Woodland Acres First Addition. CHAIRPERSON HEINRICHS ruled that Commissioner Barrett had no conflict of interest. DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended approval of this request, subject to conditions. Staff noted that the Alaska Department of Transportation had reviewed the preliminary plat and that staff's recommended condition of approval number two (2) was no longer applicable. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of Lot 2B, Block 1, Woodland Acres Subdivision, creating Lots 213-1 and 213-2, Block 1, Woodland Acres Subdivision; subject to the conditions of approval numbered 1, 3, and 4, contained in the staff report dated February 12, 1990; and to adopt the findings contained in the staff report dated February 12, 1990 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Change the proposed ten (10) foot wide water service easement on Lot 2B-1 for the benefit of Lot 213-2 from a ten (10) foot wide water easement to a twenty-five (25) foot wide utility easement. 2. Deleted. 3. Obtain a waiver from the Kodiak Island Borough Engineering and Facilities Department for the creation of the utility easements specified in condition of approval number one (1) above prior to final approval of the plat. KIBS227002 Page 10 of 23 P & Z Minutes: February 21, 1990 4. Obtain approval for the plat from the Alaska Department of Environmental Conservation (ADEC) by providing ADEC with a copy of the engineered drawings of the community sewer system serving the lots. FINDINGS OF FACT r-- 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. The motion was seconded and CARRIED by unanimous roll call vote. G) Case S-90-003. Request for preliminary approval of the subdivision of Lot 4, Block 3, Woodland Acres Subdivision Second Addition, creating Lots 4A and 4B, Block 3, Woodland Acres Subdivision Second Addition. (Patricia Jacobson) COMMISSIONER BARRETT declared that he had a 'conflict of interest" and stepped down from the Commission. CHAIRPERSON HEINRICHS noted that COMMISSIONER BARRETT should step down to avoid "the appearance of something less than objectivity." DUANE DVORAK indicated 18 public hearing notices were mailed and 4 were returned, 3 opposing and 1 stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: PAT JACOBSON, applicant, appeared before the Commission and expressed support for this request. JANE ERVIN appeared before the Commission and expressed support for this request. BRUCE BARRETT appeared before the Commission and expressed opposition to the access to the proposed lots. PAT JACOBSON reappeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT a variance from Section 16.40.050E of the Borough Code to permit the creation of a restricted utility and roadway easement for the sole use of Lots 4A and 413, subject to the condition of approval contained in the staff report dated February 13, 1990, and to adopt the findings contained in the staff report dated February 13, 1990 as "Findings of Fact' for this case. KIBS227003 Page 11 of 23 P & Z Minutes: February 21, lavv CONDITION OF APPROVAL 1. The restrictive utility and roadway easement shall be created utilizing the procedures set forth in the Borough Code for the creation of a private roadway (except for Section 16.80.020E relating to easement width). FINDINGS OF FACT 1. Due to the topographical features located at the front of proposed Lot 4A, it is necessary for proposed Lots 4A and 4B to share one access, which is already existing, in order to provide adequate access to both lots. 2. A variance to permit a restrictive utility and roadway easement is required in order to permit the creation of an easement on Lot 4A, for the exclusive use of Lots 4A and Lot 4B. 3. Conditions of approval, as deemed appropriate by the Planning and Zoning Commission, will be included as part of this variance to insure compliance with the Borough Code as well as to delineate the responsibility for construction, maintenance, and use of the easement. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the subdivision of Lot 4, Block 3, Woodland Acres 2nd Addition, creating Lots 4A and 4B, Block 3, Woodland Acres 2nd Addition, subject to the conditions of approval contained in the staff report dated February 13, 1990, and to adopt the findings contained in the staff report dated February 13, 1990 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. The subdivider must obtain waivers from the Kodiak Island Borough Engineering and Facilities Department for water and sewer line installation prior to final approval of the plat. 2. The subdivider must install water and sewer stubouts to Lot 4B prior to final approval of the plat, subject to review and approval by the Kodiak Island Borough Engineering and Facilities Department. 3. The subdivider must obtain approval from the Alaska Department of Conservation (ADEC) for the subdivision by �- providing ADEC with a copy of the existing engineering design for the community sewer system serving these lots. 4. Correct note number one (1) on the plat to indicate that the RR- 1--Rural Residential One Zoning District was the former zoning district which was rezoned to Rural Residential by Ordinance 89- 32-0 effective January 4, 1990. 5. Place a note on the plat stating: KIBS227004 Page 12 of 23 P & Z Minutes: February 21, 1990 "The front yard setback of Lot 4B shall be measured from the rear lot line of Lot 4A." 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 r— Code. 2. This plat meets all the requirements of Title 17 of the Borough Code as specified for the previously applicable RR1--Rural Residential One Zoning District. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER BARRETT returned to the Planning and Zoning Commission. H) Case S-90-004. Request for preliminary approval of the subdivision of Lot 13E, U.S. Survey 3100, creating Lots 13E-1 and 13E-2, U.S. Survey 3100. (Darlene Hall) DUANE DVORAK indicated 19 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: JIM POULOS appeared before the Commission and expressed concern about the drainage, stating that he was not opposed to the request. TEENA CRATTY, representing the applicant, appeared before the Commission, expressed support for this request, and requested that condition of approval number two (2) be removed: "2. Reconstruct the access drive to Lot 13E-1 which does not encroach on the flag stem access of Lot 13E-2 prior to final approval of the plat." JIM POULOS reappeared before the Commission and expressed concern about the drainage. The Commission and Mr. Poulos discussed the drainage. MIKE ANDERSON appeared before the Commission and stated that the drainage was well addressed as is. Public Hearing Closed. ?gular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of Lot 13E, U.S. Survey 3100, creating Lots 13E-1 and 13E-2, U.S. Survey 3100, subject to the conditions of approval numbered 1, 3, 4, 5, 6, and 7, contained in the staff report dated KIBS227005 Page 13 of 23 P & Z Minutes: February 21, 1990 February 13, 1990; and to adopt the findings contained in the staff report dated February 13, 1990, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. Remove the accessory building from the flag stem access of Lot 13E-2 and relocate to a legal location prior to final approval of the plat. 2. Deleted. 3. Obtain a waiver from the Kodiak Island Borough Engineering and Facilities Department for the creation of the sewer easement on Lot 13E-2 for the benefit of the existing sewer service connection for Lot 13E-1 prior to final approval of the plat. 4. Provide the Community Development Department with a copy of a drainage plan for Lot 13E-2 prior to final approval of the plat. 5. Submit a document to the Community Development Department prior to approval of the final plat that describes the proposed water supply for the subdivision as required by Section 16.40.040132 (Data Required) of the Borough Code. 6. Identify the flag stem access for Lot 13E-2 as a utility easement to serve Lot 13E-2 prior to final approval of the plat. 7. Obtain approval from the Alaska Department of Environmental Conservation for the engineered drawings of the community sewer system located near Lots 13E-1 and 13E-2 prior to final approval of the plat. 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. The motion was seconded and CARRIED by unanimous roll call vote. CHAIRPERSON HEINRICHS recessed the meeting at 9:00 p.m. �- CHAIRPERSON HEINRICHS reconvened the meeting at 9:10 p.m. 1) Case 5-90-005. Request for preliminary approval of the vacation of a portion of a utility easement. Lot 12, Block 4, Island Vista Subdivision and Lot 8, Block 4, Mountain View Subdivision Second Addition. (Peter Bollenbacher) DUANE DVORAK indicated 46 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended denial of this request and approval of the redesignation KIBS227006 Page 14 of 23 P & Z Minutes: February 21, 1990 of portions of a utility easement on Lot 12, Block 4, Island Vista Subdivision and Lot 8, Block 4, Mountain View Subdivision Second Addition, creating designated "Public Sewer and Water Easements." Regular Session Closed. Public Hearing Opened: TOM EVERITT, representing Peter Bollenbacher, appeared before the Commission and expressed support for the redesignation of the utility easement. MARY RELYEA, owner of Lot 7, Block 4, appeared before the Commission and expressed opposition to the vacation of the easement on Lot 8. MIKE ANDERSON, representing Peter Bollenbacher, appeared before the Commission and expressed support for the redesignation of the utility easement. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the vacation of a portion of a utility easement on Lot 12, Block 4, Island Vista Subdivision and Lot 8, Block 4, Mountain View Subdivision Second Addition. The motion was seconded and FAILED by majority roll call vote. Commissioners Hodgins, Hartt, Aspgren, Coleman, Heinrichs, and Hendel voted "no." COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the redesignation of portions of a utility easement on Lot 12, Block 4, Island Vista Subdivision and Lot 8, Block 4, Mountain View Subdivision Second Addition, creating designated "Public Sewer and Water Easements," and to adopt the findings contained in the staff report dated February 13, 1990, as "Findings of Fact' for this case. 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. The motion was seconded and CARRIED by unanimous roll call vote. J) Case S-90-006. Request for preliminary approval of the subdivision of a Portion of Tract B, U.S. Survey 4793, Old Harbor Townsite, creating Tract B-1, U.S. Survey 4793, Old Harbor Townsite. (City of Old Harbor; Alaska Village Electric Cooperative, Inc.) KIBS227007 Page 15 of 23 P & Z Minutes: February 21, 1990 DUANE DVORAK indicated 52 public hearing notices were mailed 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. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of a Portion of Tract B, U.S. Survey 4793, Old Harbor Townsite, creating Tract B-1, U.S. Survey 4793, Old Harbor Townsite, subject to the condition of approval contained in the staff report dated February 13, 1990, and to adopt the findings contained in the staff report dated February 13, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Designate the remaining portions of Tract B, U.S. Survey 4793, Old Harbor Townsite as Tracts B-2 and B-3. 2. Submit the required Engineer's Report to the Alaska Department of Environmental Conservation prior to approval of the final plat. FINDINGS OF FACT 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. The motion was seconded and CARRIED by unanimous roll call vote. K) Case S-90-007. Request for preliminary approval of the vacation of Lot 10, Block 2, Lakeside Subdivision and replat to Lots 10A and 10B, Block 2, Lakeside Subdivision. (Kodiak Island Borough) DUANE DVORAK indicated 67 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: YOLANDA JONES, co-owner of Lot 4, Block 2, appeared before the Commission and expressed opposition to this request. ELLEN CLOUDY, co-owner of Lot 6, Block 2, appeared before the Commission and expressed opposition to this request. KIBS227008 Page 16 of 23 P & Z Minutes: February 21, 1990 FRED ROBERTS, co-owner of Lot 5, Block 2, appeared before the Commission and expressed support for this request. GARY GREEN, co-owner of Lot 1, Block 2, appeared before the Commission and expressed opposition to this request. GABE McKILLY, co-owner of Lot 4, Block 2, appeared before the Commission and expressed opposition to this request. DAVE AUSMAN, co-owner of Lot 3, Block 2, appeared before the Commission and expressed support for this request. YOLANDA JONES reappeared before the Commission and expressed opposition to this request. GABE McKILLY reappeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. The Commission discussed the subdivision request. COMMISSIONER COLEMAN MOVED TO GRANT a variance from Section 16.40.050A of the Borough Code, to permit a lot width of fifty (50) feet for Lots 10A (greenbelt) and 10B, Block 2, Lakeside Subdivision, rather than the sixty (60) foot lot width required by Section 17.33.040B of the Borough Code, and to adopt the findings contained in the staff report dated February 13, 1990, as "Findings of Fact' for this case. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Hendel, Barrett, Hartt, Hodgins, Heinrichs, Coleman, and Aspgren voted "no." COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of Lot 10, Block 2, Lakeside Subdivision, creating Lots 10A (greenbelt) and 10B, Block 2, Lakeside Subdivision, subject to the conditions of approval contained in the staff report dated February 13, 1990, and to adopt the findings contained in the staff report dated February 13, 1990, as "Findings of Fact' for this case. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Hendel, Barrett, Hartt, Hodgins, Heinrichs, Coleman, and Aspgren voted "no." The Commission deferred "Findings of Fact' until the end of the meeting. L) Case 90-006. Request for a conditional use permit in accordance with Section 17.21.030 D and E (Conditional Uses) of the Borough Code to permit one or more warehouses with an apartment (single-family residence), to locate in a Business Zoning District. Lot 1, Block 3, Miller Point Alaska Subdivision - 4673 Rezanof Drive East. (Alaska Seafood, et al; C.L. Lowenberg) KIBS227009 Page 17 of 23 P & Z Minutes: February 21, 1990 DUANE DVORAK indicated 31 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a conditional use permit in accordance with Section 17.21.030E of the Borough Code to permit one or more warehouses to locate in a B--Business Zoning District on Lot 1, Block 3, Miller Point Alaska Subdivision; subject to the condition of approval contained in the staff report dated February 2, 1990; and to adopt findings "A", contained in the staff report dated February 2, 1990, as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. Uses listed in Section 17.24.020 (Conditional Uses) of the Borough Code are specifically prohibited unless an exception has been granted by the Planning and Zoning Commission for such use. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO GRANT a conditional use permit in accordance with Section 17.21.030D of the Borough Code to permit the construction of a single-family dwelling inside a commercial structure, where the single-family dwelling will not exceed fifty percent (50%) of the area of the structure in a B--Business Zoning District on Lot 1, Block 3, Miller Point Alaska Subdivision; and to adopt findings "B", contained in the staff report dated February 2, 1990, as "Findings of Fact' for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT A - the request for warehouse uses; and B - the apartment. 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. A. It appears that the proposed use will preserve the value, spirit, character, and integrity of the surrounding area. The construction of one or more warehouses for private or leased storage located on a 136,788 square foot lot should not be detrimental to the surrounding land uses which are predominantly outdoor storage. The use of this lot for a warehouse should not be detrimental to the future development of this area. This is KIBS227010 Page 18 of 23 P & Z Minutes: February 21, 1990 evidenced by the existing amount of outdoor storage in the vicinity that is in support of local industrial and business land uses. Providing more efficient and desirable storage space by building one or more warehouses may actually result in a better appearance in the community if the warehouses displace some of the storage currently taking place outside on other business and industrial properties. B. Based on a review of the applicable codes by the applicant, the applicant has no reservation about being able to meet all of the standards for a single-family residence within a commercial structure. The residence will occupy no more than fifty (50) percent of the total floor area of the structure in which it will be located. In fact, it will probably be much less than fifty (50) percent. A residence which meets the code criteria of the B-- Business Zoning District should not detract from the business use of this land or surrounding properties. A residence used for the onsite management or security of the warehouse and mini -warehouse storage is an appropriate use of land in this district. The value, spirit, character, and integrity of the surrounding area will be maintained. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. A. After reviewing the applicable codes, the applicant has indicated that the proposed use of the property for one or more warehouses will fulfill all other requirements of the B--Business Zoning District such as height of structure, off-street parking, etc. Adherence to the applicable performance standards (Section 17.21.050) of the B-- Business Zoning District during the zoning compliance and building permit process will insure that this conditional use is consistent with the character of the B--Business Zoning District and also protects nearby highways and residential uses from off -site impacts. B. After reviewing the applicable codes, the applicant has indicated that the proposed use of the property for a residential apartment located in a business structure will fulfill all other requirements of Chapter 17.21 (B--Business Zoning District) of the Borough Code. Staff notes that there is sufficient room for the development of required off-street parking on the lot after all proposed warehouses and the apartment have been developed. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. A. Granting the conditional use permit for a warehouse should not be harmful to the public health, safety, convenience, or comfort. Adherence to the Uniform Building Code and Uniform Fire Code regulations for building construction should insure protection of the public KIBS227011 Page 19 of 23 P & Z Minutes: February 21, 1990 health and safety. In addition, because a warehouse is classified by Title 17 (Zoning) as an industrial land use, it should be made clear that although the structure is permitted by the conditional use, some industrial activities, defined in Section 17.24.020 (Conditional Uses) of the Borough Code are prohibited. Therefore, a condition should be placed on the permit for the proposed warehouse(s) prohibiting the use of the structure(s) for the above referenced industrial activities unless prior approval is obtained through the exception process. Regarding public convenience and comfort, it can be argued that a warehouse can potentially detract from public convenience and comfort if there are any residential land uses in the vicinity. In this case, however, the surrounding area has long been established as a business and institutional area. The characteristics of the proposed warehouse use do not appear to be any more detrimental to public convenience and comfort than a number of permitted business land uses that already occur in the community (e.g., intensive retail uses generating large amounts of traffic, machine shops, outdoor storage, etc.). B. The proposed use will not be harmful to the public health, safety, convenience, or comfort if all building, fire, and plumbing codes are met in the construction of the proposed residence inside a commercial structure. 4. The sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. A. The 136,788 square foot lot contains sufficient lot area for the proposed use, required off-street parking, and any buffer that may be determined to be appropriate by the Planning and Zoning Commission. B. Same as above. VII. OLD BUSINESS A) Case 87-058. Request for additional "Findings of Fact' for the denial of a request for Planning and Zoning Commission review and approval pursuant to Section 17.57.030 (Off-street parking --Location) of the Borough Code to permit five (5) of the seven (7) required off-street parking spaces to locate on another lot, within six hundred (600) feet of the structure, which permits the same land use as the required parking is intended to serve. Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite; 219 Mill Bay Road (Kurt and Gabrielle LeDoux) (The Commission denied this request at the December 1989 regular meeting) COMMISSIONER HENDEL declared a 'conflict of interest." CHAIRPERSON HEINRICHS excused COMMISSIONER HENDEL. KIBS227012 Page 20 of 23 P d Z Minutes: February 21, 1990 COMMISSIONER HODGINS MOVED TO ADOPT the additional findings of fact contained in the staff memorandum dated February 10, 1990, as "Findings of Fact" for Case 87-058. FINDINGS OF FACT 1. The applicant did not obtain the permission of the property owner, the Community Baptist Church, to submit the property as a viable parking alternative for Commission review. 2. When the applicant converted the property from a single-family dwelling to a professional office and apartment, no variance was requested to alleviate all or some of the additional off-street parking requirement. 3. The applicant did not formally request the downtown parking area to be investigated as an alternative parking site in a timely fashion which would have permitted staff to respond to the Commission in the staff report that was prepared for the appearance request. 4. Even though a variance would still be required for any additional off-street parking requirement created in the downtown area, the applicants' property is not located within the area encompassed by the UR-19 Urban Renewal Plan. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HENDEL returned to the Planning and Zoning Commission. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of items A and B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated January 25, 1990, to John Ryan from Bob Scholze, re: Lot 21, Sublot 6, U.S. Survey 3099 - 2593 Metrokin Way. B) Letter dated February 9, 1990, from Bob Scholze to Gary and Stacie Peterson, re: Lot 34A, Block 1, Airpark First Addition - 1321 Mill Bay Road (Island Auto). There were no further communications. X. REPORTS COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. KIBS227013 Page 21 of 23 P & Z Minutes: February 21, 1990 A) Community Development Department Status Report. B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS BARRY STILL, resident of Woodland Acres, appeared before the Commission and discussed with the Commission off-street, road -level parking along Woodland Drive. There were no further audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER HENDEL MOVED TO ADOPT the following "Findings of Fact" for Case 90-005: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety, or general welfare because the use of this property (Lot 1A-2, Block 1, Woodland Acres Subdivision) for fishing gear storage will be limited to the time that the land is in contiguous ownership with the adjacent lot (Lot 1A-1, Block 1, Woodland Acres Subdivision), where the property owner maintains a residence. B. The proposed use will be consistent with the general purposes and intent of Title 17 and the specific description and intent of Chapter 17.17, the RR1--Rural Residential One Zoning District. This is due to the fact that the property owner maintains a residence on a contiguous lot and because the property owner has asserted an historical use of Lot 1A-2 for fishing gear storage which preceded the subdivision of the property. Chapter 17.17 permits fishing gear storage when an owner -occupied dwelling is located on the lot. The property owner's dwelling is located close enough to be consistent with the intent of this chapter. The Commission believes that this fishing gear storage will be consistent with the Borough Code as long as Lots 1A-1 and 1A-2 are in contiguous ownership. C. The proposed use will not have adverse impacts on other properties in the area due to the limited use of the land by the adjacent property owner only as long as the land is in contiguous ownership. Since the fishing gear storage is adjacent to the property owner's home, it is assumed every effort will be made to insure that the fishing gear does not become a nuisance. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER COLEMAN MOVED TO ADOPT the following "Findings of Fact" for Case S-90-007: KIBS227014 Page 22 of 23 P & Z Minutes: February 21, 1990 1. The Commission recognizes the value of the "greenbelt" as an integral part of Lakeside Subdivision. 2. The "greenbelt" provides an effective buffer, a neutral area between two (2) incompatible land uses such as industrial and residential. 3. The adjacent owners of residential land purchased their property from the Borough based upon the existence of the "greenbelt" and the assumption that the "greenbelt" would remain in place to provide a buffer zone between their lots and the nearby airport land uses. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO RECONSIDER Case S-90-003 in order to add a condition of approval requiring off-street, street -level parking. The motion was seconded. COMMISSIONER BARRETT declared a "conflict of interest." CHAIRPERSON HEINRICHS excused COMMISSIONER BARRETT. COMMISSIONER ASPGREN declared that he had worked on both Jacobson's and Ervin's property. CHAIRPERSON HEINRICHS declared COMMISSIONER ASPGREN to have no conflict of interest. The question was called and the motion FAILED by unanimous roll call vote. Commissioners Coleman, Heinrichs, Hodgins, Hartt, Aspgren, and Hendel voted "no." COMMISSIONER BARRETT returned to the Planning and Zoning Commission. The Commission directed staff to compose a memorandum thanking the Engineering and Facilities Department for their timely comments on the subdivision reviews for the month of February. Staff was directed to copy the memorandum to the Mayor. XIII. ADJOURNMENT CHAIRPERSON HEINRICHS adjourned the meeting at 11:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: r " 4t,4-. k4, 1 Patricia Miley, Se r tary Community Development Department DATE APPROVED: March 21, 1990 By: `/ L_ Robin Heinrichs, Chairperson KIBS227015 Page 23 of 23 P & Z Minutes: February 21, 1990