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1990-03-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 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 March 21, 1990 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Robin Heinrichs, Chairperson Jon Aspgren Wayne Coleman Jon Hartt Tom Hendel Commissioners Absent: Bruce Barrett, Excused Jody Hodgins, Excused 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 ADDITIONS IX COMMUNICATIONS B) Letter dated February 26, 1990, to Dale Stratton from Bob Scholze, re: Lot 1, Block 2, Mountain View 1st Addition - 2543 Monashka Bay Road - Illegal dwellings (travel trailers); outdoor storage. C) Letter dated March 15, 1990, to Steven Ivanhoff and Patricia Gartland from Bob Scholze, re: Lot 10, Tract J, Mountain View Subdivision - 1327 Mountain View Drive - Second dwelling unit on a lot in the RR1--Rural Residential One Zoning District. D) Letter dated March 16, 1990, from Nelda Warkentin, Department of Community and Regional Affairs, re: Planning Commission training questionnaire. COMMISSIONER HENDEL MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS227020 Page 1 of 22 P & Z Minutes: March 21, 1990 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HENDEL MOVED TO ACCEPT the minutes of the February 21, 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 90-007. Request for the rezoning of Lots 4 through 9 and 11, Block 3, Lakeside Subdivision from 1--Industrial to R-2--Two-family Residential and Lot 10, Block 3, Lakeside Subdivision from PL--Public Use Lands to R-2--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) (Postponed from the February 1990 regular meeting.) DUANE DVORAK indicated 19 public hearing notices were mailed and 1 was returned from the Kodiak Island Housing Authority, opposing the rezoning of the greenbelt (Lot 10). Staff recommended the Commission forward this request to the Borough Assembly recommending approval. Regular Session Closed. r— Public Hearing Opened: TONY PEREZ appeared before the Commission and expressed opposition to the rezoning of this industrial land without providing for industrial land elsewhere. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 1 through 9 and 11, Block 3, Lakeside Subdivision, from I --Industrial to R2--Two-family Residential, and Lot 10, Block 3, Lakeside Subdivision from PL--Public Use Land to R2--Two-family Residential in accordance with Section 17.72.030 of the Borough Code and to adopt the findings contained in the staff report dated March 7, 1990, as "Findings of Fact' for this case. The motion was seconded. COMMISSIONER COLEMAN MOVED TO AMEND THE MAIN r— MOTION by deleting Lot 10, Block 3, Lakeside Subdivision from the motion. The amendment DIED for the lack of a second. Commissioner Hendel stated that he was opposed to the rezoning of this industrial land when no provision had been made to establish industrial land elsewhere. Commissioner Hendel noted that Lots 1 and 2 had been sold and if the Kodiak Island Borough lowered the asking price of the lots in Borough ownership the lots would most likely sell. Commissioner Hendel also noted that the Commission previously KIBS227021 Page 2 of 22 P & Z Minutes: March 21, 1990 recommended a reconfiguration of these lots, providing for the platting of an alley for access. The question was called and the motion FAILED by unanimous roll call vote. The Commission deferred "Findings of Fact" in support of their decision until the end of the meeting. B) Case 90-008. Request for an exception from Section 17.26.020 (Permit Procedures) of the Borough Code to permit the use of existing mobile home spaces in a nonconforming mobile home park for the location and long term occupancy of recreational vehicles in an RR-1-- Rural Residential One and R-1--Single-family Residential Zoning District. Lots 1 through 7, and 16, U.S. Survey 3233; Lots 27 and 28, U.S. Survey 3099; 2790 through 2820 Spruce Cape Road. Commonly known as Jackson's Mobile Home Park. (T.T. Jackson Estate; Sid Cozart) DUANE DVORAK indicated 38 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff provided motions and "Findings of Fact" for both approval and denial of this request. Staff also recommended conditions if the Commission approved this request. Regular Session Closed. Public Hearing Opened: SID COZART, Jackson's Mobile Home Park Manager, appeared before the Commission and expressed support for this request. The Commission and Mr. Cozart discussed the request and the suggested conditions of approval. TONY PEREZ appeared before the Commission and reviewed the history of proposed recreational vehicle parks in the Kodiak Island Borough. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT an exception from Section 17.26.020 of the Borough Code to permit the use of existing mobile home spaces in a nonconforming mobile home park for the location and long term occupancy of recreational vehicles in an RR1-- Rural Residential One and R1--Single-family Residential Zoning District on Lots 1 through 7, and 16, U.S. Survey 3233 and Lots 27 and 28, U.S. Survey 3099; adopting findings A2, B2, and C2 contained in the staff report dated March 7, 1990, as "Findings of Fact" for this case; and subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Recreational vehicles must be inspected on an annual basis to insure obvious safety concerns are addressed in a timely fashion and to comply with such safety requirements the Borough may adopt in the future. KIBS227022 Page 3 of 22 P & Z Minutes: March 21, 1990 2. Density of the mobile home park must not exceed the current level (i.e., the recreational vehicles can only be set up on existing mobile home spaces). 3. Deleted. 4. Recreational vehicles are limited to owner occupancy. 5. Recreational vehicles are required to comply with the more restrictive requirements of both the mobile home code and the recreational vehicle code and an egress window is mandatory for acceptance into the mobile home park. 6. Water and sewer hook-ups, as well as skirting around the trailer, are required. 7. Liveable, enclosed additions to the recreational vehicles are not allowed; however, awnings or open porches are allowed. 8. No more than ten percent (10%) of the one hundred and one (101) mobile home park spaces may be used for recreational vehicles. 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. Mobile home park spaces could be used for the placement and long term occupation of recreational vehicles if certain conditions or stipulations are made to insure that the use of the recreational vehicle is handled in a safe manner. One way to do this would be to inspect the vehicle for safety deficiencies. This would require someone qualified to inspect recreational vehicles, which is significantly different from the standards contained in the Uniform Building Codes. Another way to insure that recreational vehicles were occupied in a safe manner would be to perhaps limit the amount of time that they could be occupied. The Zoning Code currently defines long term occupancy as 121 days or more. If some reasonable time limit were placed on ^— this exception, then recreational vehicles could be used as transitional housing for people new to Kodiak. Another condition would be to limit the number of people that can safely occupy a recreational vehicle. There are other conditions that staff could suggest, however, the building official has initiated a review to see what other communities may do to insure the safe occupation of recreational vehicles. KIBS227023 Page 4 of 22 P & Z Minutes: March 21, 1990 B. The code sections for mobile home parks and for recreational vehicle parks are similar in many ways. If the more restrictive elements of each code were applied to the location and occupancy of recreational vehicles in mobile home parks, then this action would not be inconsistent with the general purposes and intent of the code. C. If recreational vehicle installations were required to be done to the same degree of safety as mobile home installations, i.e. skirting, tie downs, utility hookups, etc., then these installations would not adversely effect surrounding mobile home units. Also, conditions could be required to insure visual appeal of recreational vehicles and consistency with the character of surrounding units. Another possibility would be to permit the location of recreational vehicles in a segregated part of the mobile home park designated for that purpose. The motion was seconded. The Commission discussed the motion and the conditions of approval. The question was called and the motion CARRIED by unanimous roll call vote. C) Case 90-009. Request for a variance from Section 17.19.040A (Yards) of the Borough Code to permit a single-family dwelling to project fifteen (15) feet into the required twenty-five (25) foot front yard setback on a nonconforming lot of record (lot area 6,790 square feet) in a R-2--Two- family Residential Zoning District. Lot 13C, U.S. Survey 3100; 3036 Spruce Cape Road. (Richard and June Juelson; Craig Johnson) DUANE DVORAK indicated 19 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: HOWARD BODI, owner of Lots 3A and 3C, U.S. Survey 3100, appeared before the Commission and expressed opposition to this request. CRAIG JOHNSON, representing the property owner, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT a variance from Section 17.19.040A of the Borough Code to permit a single-family dwelling to project fifteen (15) feet into the required twenty-five (25) foot front yard setback on a nonconforming lot of record (lot area 6,790 square feet) in a R-2--Two-family Residential Zoning District on Lot 13C, U.S. Survey 3100; and to adopt the findings contained in the staff report dated March 7, 1990 as "Findings of Fact' for this case. KIBS227024 Page 5 of 22 P & Z Minutes: March 21, 1990 FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical circumstances applicable to the property are the nonconforming lot size, unusual lot shape, and the drainage area that affects half the lot. This means that just about any construction on the lot will require a variance because the required setbacks render the lot almost unbuildable, except for the possible placement of a mobile home. This severely restricts the property owner from considering other building styles for a single-family dwelling which would be more consistent with the prevailing character of the surrounding dwellings in this R2--Two-family Residential Zoning District. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would not allow the development of a residential structure larger than sixty by fifteen (60 x 15) feet. This is a practical difficulty and unnecessary hardship since the applicant cannot develop a normal single- family dwelling on this lot unless the building envelope is permitted an increase through this variance. 3. The grantinq of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of this variance would not result in material damage or prejudice to other properties in the area. The development would be required to maintain a ten (10) foot rear yard setback from Lot 13D. In addition, any future development beyond the scope of the current variance request, which would project into a required yard, would require an additional variance. The lot will still maintain a minimum five (5) foot side yard setback from the easement providing access to Lot 13D. This will also insure that an adequate separation is maintained with the mobile home located on Lot 13A. The development proposed for Lot 13C, as indicated on the attached site plan, will meet all other requirements of the Borough Code. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Public Use Land and Open Space (with specific reference to Sewage Treatment Plant Reserve). The comprehensive plan is obviously out-of-date for this area which is a long established medium density residential subdivision. The existing sewage treatment KIBS227025 Page 6 of 22 P & Z Minutes: March 21, 1990 plant in the area is located 900 to 1000 feet away and is unlikely to be expanded to an extent that would affect this lot. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused the conditions from which relief is being sought by this variance. This variance will be decided prior to any development of the site by the property owner. 6. That the arantina of the variance will not permit a prohibited land use in the district involved. Single-family dwellings are a permitted use in the R2--Two-family Residential Zoning District. In addition, the Borough Code permits the development of a reasonable single-family dwelling on any nonconforming lot in any residential zoning district (subject to the granting of any variance that may be required). The motion was seconded and CARRIED by unanimous roll call vote. D) Case 90-010. Request for a variance from Section 17.54.010C (Height --Extension onto Public Property) of the Borough Code to permit chain link fence to project into the Rezanof Drive right-of-way adjacent to a lot in the B--Business Zoning District. Lot 3, Block 1, Kadiak Alaska First Addition; 3310 Rezanof Drive. (Alaska Trojan Partnership; Alwert Fisheries) DUANE DVORAK indicated 11 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: BILL ALWERT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT a variance from Section 17.54.010C of the Borough Code to permit a chain link fence to project twenty-eight (28) feet into the Rezanof Drive right-of-way adjacent to a lot in the B--Business Zoning District on Lot 3, Block 1, Kadiak Alaska First Addition; subject to the conditions of approval contained in the staff report dated March 7, 1990; and to adopt the findings contained in the staff report dated March 7, 1990 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The fence is constructed at the applicant's sole expense. KIBS227026 Page 7 of 22 P & Z Minutes: March 21, 1990 2. The applicant assumes any liability associated with said fence on State-owned property. 3. If at a future date the State determines that the fence must be removed from the State-owned right-of-way, the applicant or any subsequent owner of Lot 3, Block 1, Kadiak Alaska First Addition, agrees to remove same without cost to the State. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 5. Construction of the fence shall be in such a manner as not to reduce any required off-street parking. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, residential property owners assume that all the land out to the sidewalk or roadway edge is their "yard", and that they should be able to erect a fence of reasonable height around that yard. In addition, if the fence was built along the property lines, strips of State property would remain outside the fence between the property and the roadway. This property would not be maintained by the adjacent property owner. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow the fence to the front property line. This is an unnecessary hardship when many other fences in the community have been permitted to encroach in the public right-of-way without first receiving a variance. The Commission has also granted numerous variances in the past for fences to project into the road rights -of - way. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not be detrimental to the public's health, safety, or welfare because a chain link fence will not pose a line of sight problem along the Rezanof Drive right-of-way. Also, the conditions of approval will insure that any future removal of the fence will not result in a cost to the public. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Mobile Home Court development. As indicated by the findings of fact KIBS227027 Page 8 of 22 P & Z Minutes: March 21, 1990 for Case 88-036, which was in support of the rezone of this property to B--Business, use of this property for business purposes is only generally consistent with the comprehensive plan. It was also noted that while the mobile home designation was out-of-date for the property, mobile home court development is a very intensive development classification which is generally similar in characteristics to commercial land uses. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the applicant have caused the conditions from which relief is being sought by a variance. This is due to the fact that half of the lot is already fenced along the front where the fence is located in the right-of-way. However, staff believes that the variance would have been requested prior to construction if the applicant had understood that it was necessary. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 90-011. Request for a variance from Section 17.57.020A.2.0 (Parking --Number of Spaces Required) of the Borough Code to permit the construction of additional miniwarehouse units without the required one (1) parking space per unit on a lot in the B--Business Zoning District. Lot 3, Block 3, Miller Point First Addition; 3751 Rezanof Drive. (Tooth and Nail Enterprises; Art Bors) CHAIRPERSON HEINRICHS passed the gavel to COMMISSIONER HENDEL for a determination of conflict of interest. CHAIRPERSON HENDEL asked Commissioner Heinrichs if he would be paid regardless of the decision made on this case. Commissioner Heinrichs responded "yes." CHAIRPERSON HENDEL determined there was no conflict of interest and passed the gavel back to CHAIRPERSON HEINRICHS. DUANE DVORAK indicated 39 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: ART BOBS appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT a variance from Section 17.57.020A.2.0 of the Borough Code to permit the construction of KIBS227028 Page 9 of 22 P & Z Minutes: March 21, 1990 additional miniwarehouse units without the required one (1) off-street parking space per unit in the B--Business Zoning District on Lot 3, Block 3, Miller Point Alaska Subdivision First Addition; subject to the condition of approval contained in the staff report dated March 7, 1990; and to adopt the findings contained in the staff report dated March 7, 1990, as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Parking for the miniwarehouse and rental complex will be as depicted on the site plan submitted by the applicant (attached). FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical circumstances or conditions applicable to the property or intended use of the proposed development, which generally do not apply to other properties in the same land use district, are primarily perceptual in nature. The property owner would like to expand the miniwarehouse facility by adding onto the existing structures at one end. This would increase the scale of use on the property for miniwarehouse and outdoor storage purposes. Generally, for land uses in the B--Business Zoning District, the total parking that must be developed is the cumulative total of all separate and individual uses located on a given lot, as specified by the Zoning Code. In this instance, the Code does not recognize the relative increase in parking efficiency afforded by large scale miniwarehouse development. As long as there is approximately thirty (30) feet between the miniwarehouse units, as the existing structures now have, there should be no problem accommodating the additional units as shown on the attached site plan. 2. Strict application of the zonina ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in practical difficulties and unnecessary hardships for the property owner. The Commission has previously reviewed the existing code and found the requirement for one (1) parking space for each unit to be excessive when most miniwarehouses do not exceed four hundred (400) square feet per unit and where traffic is usually heaviest when monthly payments are due (in cases where there is an onsite management office). In addition, the property owner would like to place the new additions in line with the existing miniwarehouse structures. This would not be possible if it were necessary to provide one (1) off-street parking space per unit. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not result in material damage or prejudice to other properties in the area. The standards the KIBS227029 Page 10 of 22 P & Z Minutes: March 21, 1990 Commission has developed in worksession are based on the recommended standards of the American Planning Association as indicated in Planning Advisory Circular No. 324 (summary attached). As long as these standards are adhered to, the proposed addition to the existing miniwarehouse complex will not be detrimental to the public's health, safety, and welfare. Staff notes that the existing units are generally fairly small and do not have overhead doors or other large loading doors. The units have regular swinging door openings like those used in residential construction. Staff does not believe that it is necessary to have a parking space for each unit when the units are small. As as long as there is adequate maneuvering room so that another vehicle can pass if one vehicle is backed up to a door, adequate maneuvering room exists. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this site for Public and Open Space, School Reserve. This site is located in a long established Business Zoning District and it is unlikely that this property will ever be needed for school expansion. Because this site and neighboring sites have been developed for commercial purposes, the land is no longer suitable for school development or uses. In addition, this area is located contiguous with the developing business district located along Mill Bay Road and is consistent with the increasing use of property along Rezanof Drive for commercial development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused the conditions from which relief is being sought by a variance. This variance will be decided prior to the commencement of construction. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Miniwarehouses are a permitted use in the B--Business Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. F) Case 90-012. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning and Zoning Commission --Assembly Approval) and 18.20.100 (Disposal for Fair Market Value) of the Borough Code of a disposal of Borough land by easement for fair market value to accommodate a water well that is located approximately six (6) feet into the Borough right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision. 240 Alder Way. (Kodiak Island Borough; Leslie Smith and Jeff Povelite) KIBS227030 Page 11 of 22 P & Z Minutes: March 21, 1990 DUANE DVORAK indicated 30 public hearing notices were mailed for this case and none were returned. Staff recommended that the Commission forward this request to the Assembly recommending approval, subject to conditions. Regular Session Closed. Public Hearing Opened: JEFF POVELITE appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO ADOPT Planning and Zoning Resolution 90-01 in accordance with Sections 18.20.030A and 18.20.100A of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a water well easement not to exceed twenty-five (25) square feet [approximately five by five (5 x 5) feet of area adjacent to Lot 14D-2, centered on the well head to allow for maintenance] for fair market value; subject to the conditions of approval in the staff report dated March 7, 1990; and to adopt the finding of fact contained in the staff report dated March 7, 1990 as "Finding of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicant is responsible for providing an as -built survey of the proposed easement. 2. The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser. 3. The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns. 4. Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. FINDING OF FACT The disposal is consistent with Title 17 of the Kodiak Island Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NUMBER 90-01-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH PROPERTY. KIBS227031 Page 12 of 22 P & Z Minutes: March 21, 1990 WHEREAS, Section 18.20.030 of the Borough Code requires the review of each disposal of Borough real property by the Planning and Zoning Commission; and WHEREAS, Section 18.20.170 defines "disposal" as any transfer of real property; and, .- WHEREAS, Section 18.20.100 allows for property disposal at fair market value to any person or entity except as otherwise provided by Title 18; and, WHEREAS, approximately twenty-five (25) square feet located within the Alder Way right-of-way is needed to provide for an existing water well that was unintentionally located within the Borough right-of- way by the adjacent property owners; and, WHEREAS, the Planning and Zoning Commission has held an advertised and noticed public meeting on the disposal; and, WHEREAS, the Planning and Zoning Commission has determined that this disposal is in compliance with Borough Codes; and WHEREAS, the Planning and Zoning Commission has determined that it would be appropriate to dispose of an easement in the Borough's right-of-way to permit the use and maintenance of the water well that was unintentionally located in the Alder Way right-of- way. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of an easement of approximately twenty-five (25) square feet in the Alder Way right-of-way adjacent to Lot 14D-2, Block 7, Bells Flats Alaska Subdivision, by the Kodiak Island Borough to the property owners is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly dispose of the property at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100A, subject to the following four (4) conditions: (1) The applicant is responsible for providing an as -built survey of the proposed easement; and (2) The applicant shall pay fair market value for the easement as determined by the Borough Assessor and/or a private fee appraiser; and (3) The applicant shall provide an easement document, suitable for recording, that meets all of the Borough's concerns; and (4) Should the roadway of Alder Way require use of the entire road right-of-way, the well will be abandoned and another well will be located on the property. PASSED AND APPROVED THIS 21st DAY OF MARCH, 1990. G) Case S-90-008. Request for preliminary approval of the vacation of a portion of a utility easement and creation of another utility easement. KIBS227032 Page 13 of 22 P & Z Minutes: March 21, 1990 Lot 13A-1, Block 8, Leite Addition. 1514 and 1518 Kouskov Street. (Vaun La'Dent) DUANE DVORAK indicated 49 public hearing notices were mailed and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: VAUN LA'DENT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the vacation of a portion of a utility easement and creation of another utility easement on Lot 13A-1, Block 8, Leite Addition, subject to the conditions of approval contained in the staff report dated March 7, 1990 and to adopt the findings contained in the staff report dated March 7, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Show the last ten (10) feet of the Yanovsky Street right-of-way as indicated on the preliminary plat approved for Lot 13A-1 (approved by the Planning and Zoning Commission on April 19, 1989). 2. Provide the Alaska Department of Environmental Conservation (ADEC) with a copy of the redesigned community utility system and obtain ADEC approval prior to final approval of the easement vacation and creation 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. H) Case S-90-009. Request for preliminary approval of the subdivision of Lot 1, Block 3, Woodland Acres Second Addition, and replat to Lots 1A and 1 B, Block 3, Woodland Acres Second Addition. 3922 Woodland Drive. (James and Betty Broyles) DUANE DVORAK indicated 15 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. KIBS227033 Page 14 of 22 P & Z Minutes: March 21, 1990 Regular Session Closed. Public Hearing Opened: JIM BROYLES appeared before the Commission and expressed support for this request. The Commission and Mr. Broyles discussed the proposed conditions of approval. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Block 3, Woodland Acres Second Addition, and replat to Lots 1A and 1B, Block 3, Woodland Acres Second Addition; subject to the conditions of approval contained in the staff report dated March 7, 1990, and to adopt the findings contained in the staff report dated March 7, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Create a five (5) foot wide utility easement along the lot line contiguous with the unnamed right-of-way. If it is necessary to install utilities along this property line, create a fifteen (15) foot wide utility easement along the property line and around Kodiak Electric Association's power pole and down guy easement. 2. Show the location and book and page number of the power pole and down guy easement held by Kodiak Electric Association on the final plat. 3. Obtain a permit from the Kodiak Island Borough to construct a driveway access and/or utility service connection in the unnamed right-of-way. If the subdivider elects to locate the driveway and utilities in the unnamed right-of-way, the flag stem shown on the preliminary plat may be eliminated and the plat altered to equalize lot areas as long as all required setbacks are observed. 4. Remove or relocate the accessory building on Lot 1 B to meet the requirements of Title 17 of the Borough Code. 5. If utilities are to be located in an easement across Lot 1A, a waiver must be obtained from the Borough Facilities and Engineering Department. 6. If the flag stem is eliminated in favor of access through the unnamed right-of-way, the lot line along the unnamed right-of- way will be the front lot line for Lot 1 B. If the access is through a flag stem, then the front yard setback for Lot 1 B shall be measured from the rear lot line of Lot 1A and so noted on the plat. KIBS227034 Page 15 of 22 P & Z Minutes: March 21, 1990 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. COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION, changing the conditions of approval to read: CONDITIONS OF APPROVAL 1. Create a five (5) foot wide utility easement along the lot line contiguous with the unnamed right-of-way. If it is necessary to install utilities along this property line, create a fifteen (15) foot wide water and sewer easement along the property line and around Kodiak Electric Association's power pole and down guy easement. 2. Show the location and book and page number of the power pole and down guy easement held by Kodiak Electric Association on the final plat. 3. Obtain a permit from the Kodiak Island Borough to construct a driveway access and/or utility service connection in the unnamed right-of-way. If the subdivider elects to locate the driveway and utilities in the unnamed right-of-way, the flag stem shown on the preliminary plat may be eliminated and the plat altered to equalize lot areas as long as all required setbacks are observed. 4. Remove or relocate the accessory building on Lot 1 B to meet the requirements of Title 17 of the Borough Code. 5. If utilities are to be located in an easement across Lot 1A, a waiver must be obtained from the Borough Facilities and Engineering Department. 6. If the flag stem is eliminated in favor of access through the unnamed right-of-way, the lot line along the unnamed right-of- way will be the front lot line for Lot 1 B. 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. 1) Case S-90-010. Request for preliminary approval of the subdivision of Lot 1, Block 1, Woodland Acres Second Addition and replat to Lots 1A KIBS227035 Page 16 of 22 P & Z Minutes: March 21, 1990 and 1B, Block 1, Woodland Acres Second Addition. 3438 Woodland Drive. (Matt and Jo Shadle) DUANE DVORAK indicated 31 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: PIERRE COSTELLO appeared before the Commission and expressed non- objection to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Block 1, Woodland Acres Second Addition and replat to Lots 1 A and 1 B, Block 1, Woodland Acres Second Addition; subject to the condition of approval contained in the staff report dated March 7, 1990; and to adopt the findings contained in the staff report dated March 7, 1990, as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. Provide the Alaska Department of Environmental Conservation (ADEC) with a copy of the existing engineering design for the community sewer system serving these lots and obtain ADEC approval 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. J) Case 5-90-011. Request for preliminary approval of the subdivision of Lot 3, Block 1, Kadiak Alaska Subdivision First Addition and replat to Lots 3A and 3B, Block 1, Kadiak Alaska Subdivision First Addition. 3310 Rezanof Drive. (Alaska Trojan Partnership; Alwert Fisheries) DUANE DVORAK indicated 11 public hearing notices were mailed and 2 were returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. KIBS227036 Page 17 of 22 P & Z Minutes: March 21, 1990 Staff distributed a new preliminary plat to the Commission prior to the beginning of the meeting. Regular Session Closed. Public Hearing Opened: BILL ALWERT appeared before the Commission and expressed support for the new preliminary plat showing the property line where the gate posts are on the town side of the property and then straight back. LINDA WILSON appeared before the Commission and expressed support for the new preliminary plat, stating that the property has obtained an access permit from the Alaska Department of Transportation. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Block 1, Kadiak Alaska Subdivision First Addition and replat to Lots 3A and 3B, Block 1, Kadiak Alaska Subdivision First Addition; adopting the findings contained in the staff report dated March 7, 1990, as "Findings of Fact' for this case; and subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Obtain approval of the plat from the Alaska Department of Environmental Conservation prior to final approval of the plat. 2. Obtain the required variance for the fence encroachment and comply with all conditions of approval related to the variance prior to final approval of the plat. 3. Obtain a driveway permit for Lot 3-B from the Alaska Department of Transportation 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. K) Case 5-90-012. Request for preliminary approval of the subdivision of Mineral Survey Number 247 and replat to Lots 1 through 7 and Tract A, Mineral Survey Number 247. Generally located near the Ayakulik River. (Trillium Corporation) KIBS227037 Page 18 of 22 P & Z Minutes: March 21, 1990 DUANE DVORAK indicated 7 public hearing notices were mailed for this case and 1 was returned, opposing 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 HARTT MOVED TO GRANT preliminary approval of the subdivision of Mineral Survey Number 247 and replat to Lots 1 through 7 and Tract A, Mineral Survey Number 247; subject to the conditions of approval contained in the staff report dated March 7, 1990, and to adopt the findings contained in the staff report dated March 7, 1990, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. A ten (10) foot wide easement along the shoreline of all lots and Tract A shall be dedicated to public access. 2. The subdivider shall obtain subdivision approval from the Alaska Department of Environmental Conservation 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. 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. L) Case 90-013. Fifth (5th) draft of revisions to Title 16 (Subdivision) of the Borough Code. (Planning and Zoning Commission) DUANE DVORAK indicated no individual public hearing notices were mailed for this case although the fifth (5th) draft was distributed to interested persons on March 6, 1990. Staff recommended the Commission forward the revisions to the Assembly recommending approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. KIBS227038 Page 19 of 22 P & Z Minutes: March 21, 1990 Regular Session Opened. COMMISSIONER HENDEL MOVED TO FORWARD the [amended] fifth (5th) draft of the revisions to Title 16 (Subdivision) of the Borough Code to the Kodiak Island Borough Assembly with a recommendation that the Assembly adopt the [amended] fifth (5th) draft of the revisions to Title 16. The motion was seconded. COMMISSIONER HENDEL MOVED TO AMEND the fifth (5th) draft of the revisions to Title 16 (Subdivision) of the Borough Code, Section 16.70.020A.3, as contained in the staff report dated March 21, 1990. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO AMEND the fifth (5th) draft of the revisions to Title 16 (Subdivision) of the Borough Code, Section 16.70.030.C, to read: THE SUBDIVIDER SHALL PROVIDE AN EXPRESS WARRANTY FOR WORKMANSHIP AND MATERIALS TO COVER THE IMPROVEMENTS DURING THE FIRST YEAR OF OPERATION FROM THE INITIAL DATE OF ACCEPTANCE OF THE IMPROVEMENTS. THIS WARRANTY SHALL BE SECURED BY A PERFORMANCE BOND IN AN AMOUNT EQUAL TO TEN PERCENT (10%) OF THE COST OF CONSTRUCTION OF THE IMPROVEMENTS IF THE VALUE OF ALL THE IMPROVEMENTS IS LESS THAN OR EQUAL TO $250,000; IF THE VALUE OF THE IMPROVEMENTS EXCEEDS $250,000 THE PERFORMANCE BOND SHALL BE IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000). The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO AMEND the fifth (5th) draft of the revisions to Title 16 (Subdivision) of the Borough Code, by deleting Section 16.40.050.A.4. The AMENDMENT was seconded and FAILED by roll call vote. Commissioners Coleman, Aspgren, and Hendel voted "no." The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S-88-029. Request for preliminary approval of the vacation of a platted fifty (50) foot wide road and utility easement from Sawmill Circle through Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision, and of the twenty-five (25) foot wide portion of the road and utility easement across the rear lot line of Lot 3, Block 4, Monashka Bay Alaska Subdivision. 1548 and 1626 Sawmill Circle (Fred P. Turcott; James A. Spalinger) (Postponed from the September 1989 regular meeting) KIBS227039 Page 20 of 22 P & Z Minutes: March 21, 1990 COMMISSIONER COLEMAN MOVED TO POSTPONE action on Case S-88-029 until the Planning and Zoning Commission regular meeting on May 16, 1990. The motion was seconded and CARRIED by unanimous voice vote. 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 through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated March 1, 1990, to William Bacus from Bob Scholze, re: Lot 9, Block 33, East Addition - 716 Mission Road (Variance Case 88-059). B) Letter dated February 26, 1990, to Dale Stratton from Bob Scholze, re: Lot 1, Block 2, Mountain View 1st Addition - 2543 Monashka Bay Road - Illegal dwellings (travel trailers); outdoor storage. C) Letter dated March 15, 1990, to Steven Ivanhoff and Patricia Gartland from Bob Scholze, re: Lot 10, Tract J, Mountain View Subdivision - 1327 Mountain View Drive - Second dwelling unit on a lot in the RR1-- Rural Residential One Zoning District. D) Letter dated March 16, 1990, from Nelda Warkentin, Department of Community and Regional Affairs, re: Planning Commission training questionnaire. 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. A) Community Development Department Status Report. B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER HENDEL noted the deteriorating conditions of local State roads and highways, especially Mill Bay Road and Rezanof Drive, and noted that the powers and duties of the Planning and Zoning Commission specified by the Borough Code included making and developing plans for the improvement and redevelopment of any areas within the Borough damaged or KIBS227040 Page 21 of 22 P & Z Minutes: March 21, 1990 destroyed in whole and in part. Commissioner Hendel encouraged the Commission to adopt a resolution encouraging the State to repair and maintain State highways in the City of Kodiak and the Kodiak Island Borough before pedestrians and vehicle operators were seriously injured due to the unsafe driving surfaces. The Commission discussed the proposed resolution and the consensus was to review a proposed resolution at the April 11, 1990 worksession. Commissioner Hendel volunteered to draft the proposed resolution. COMMISSIONER HENDEL MOVED TO ADOPT the following "Findings of Fact" in support of the Commission's decision for Case 90-007: 1. A lack of ]--industrial land in the Kodiak area is the primary reason for denial of this request. The Kodiak Island Borough should plan for the provision of additional I --Industrial land before reducing the small amount of I --Industrial land now available. 2. Lots 1 and 2, Block 3, Lakeside Subdivision are currently being developed for industrial use, initially commercial fishing gear storage. This development would result in a land use conflict if adjacent lands were rezoned to R2--Two-family Residential. 3. A previous vacation and replat, Case S-88-040 which was granted preliminary approval by the Commission, addressed concerns about the design of the subdivision. If the final plat were filed for Case S-88-040, these lots would be more suitable for industrial development. 4. It is important to maintain the greenbelt (Lot 10, Block 3, Lakeside Subdivision) as an integral part of the overall area and to provide a necessary amenity for the nearby residential development. The motion was seconded and CARRIED by unanimous roll call vote. XIII. ADJOURNMENT CHAIRPERSON HEINRICHS adjourned the meeting at 10:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Patricia Miley, S cret ry Community Dev ment Department DATE APPROVED: April 18, 1990 By: (/� d- Robin Heinrichs, Chairperson I'IBS227041 Page 22 of 22 P & Z Minutes: March 21, 1990