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1991-03-20 Regular MeetingI. II. IV. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 20, 1991 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Tom Hendel on March 20, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Jon Hartt Robin Heinrichs Jody Hodgins Commissioners Absent: Bruce Barrett - Excused Wayne Coleman - Excused A quorum was established. APPROVAL OF AGENDA Others Present: Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following additions to the agenda: COMMUNICATIONS B. Letter from Wade Wahrenbrock, DNR, to Linda Freed, RE: Revised Notification of Operations for SC88-06, Afognak Native Corporation, Forest Practices. C. Letter to Yoram Palkovitch, Minex Alaska, Inc. from Linda Freed, RE: Annual Placer Mining Application, Sitkinak Strait COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER HODGINS MOVED TO ACCEPT the minutes of the January, 1991 and February 1991 Planning and Zoning Commission regular meeting as presented. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND the main motion to reflect the following changes: P & Z Minutes: March 20, 1991 KIBS227348 Page 1 of 16 1. January, 1991 minutes, page 8, Case 91-003, FINDINGS OF FACT: Paragraphs 1 and 2, which both begin "No written evidence exists to substantiate...", change to read "No written evidence was presented to substantiate..."; and 2. February, 1991 minutes, page 4: ADD that COMMISSIONER HODGINS made the motion to amend the main motion for condition number two on Case 91-001. The MOTION TO AMEND the main motion was seconded and CARRIED by unanimous voice vote. The MAIN MOTION AS AMENDED was voted upon and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Jeri Jensen, representative of the Kodiak Island Borough Parks and Recreation Board appeared before the Commission to express the Board's support of Case 91-004 the proposed land trade in the Bells Flats area. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 91-010. Request for a conditional use permit in accordance with Section 17.21.030 E (Conditional Uses) of the Borough Code to permit a sixty by one hundred ten (60 X 110) foot warehouse on three contiguous lots located in the B-- Business Zoning District, and to review a screening plan, consisting of a five (5) foot chain link fence, between the warehouse and adjacent Lots 13 and 14 which are zoned and used for residential purposes. Lots 10, 11, 12, Allman/Lalande Subdivision; 1325 Selig Street. DUANE DVORAK indicated 39 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: Ken Skinner appeared before the Commission to answer questions and express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030 E (Conditional Uses) of the Borough Code to permit a sixty by one hundred ten (60 X 110) foot warehouse on three contiguous lots located in the B--Business Zoning District; subject to the condition of approval contained in the staff report dated March 7, 1991; and to adopt the findings contained in the staff report dated March 7, 1991 as "Findings of Fact" for this case. P & Z Mlnutea: March 20, 1991 KIBS227349 Page 2 of 16 OF APPROVAL 1. Permitted and conditional uses listed in Chapter 17.24 (I -- Industrial Zoning District) 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. FINDINGS OF FACT - CONDITIONAL USE PERMT 1. That the conditional use will preserve the value, spirit, character and inte rity of the surrounding area. It appears that the proposed warehouse will preserve the value, spirit, character, and integrity of the surrounding area. A sixty by one -hundred ten (60 x 110) foot warehouse building for building material storage on a 21,750 square foot lot (total area of all lots) will not be detrimental to the surrounding properties which are occupied by other commercial and nonconforming residential uses. In fact, the existing nonconforming warehouse complex is probably less compatible with the surrounding land uses than the proposed new warehouse. The property has double frontage and currently allows for through traffic across Lot 12, from Selig Street to Armstrong Avenue. With conditions limiting traffic to and from this warehouse to Selig Street, the traffic impacts on the residential neighborhood (along Ole Johnson Avenue, Simeonoff Street and Armstrong Avenue) will be minimized. The use of this property for a warehouse use will not be detrimental to the future development of this area. This is evidenced by the existing nonconforming warehouses that are already located on the site. There has historically been a level of traffic associated with the site consistent with warehouse uses and there have been no resulting complaints by neighboring property owners. Providing a more efficient and aesthetically pleasing storage facility will actually constitute an amenity to the area, resulting in a better overall appearance than what currently exists on the property. .— Granting the conditional use will not be contrary to the comprehensive plan which identifies this area as Public and Open Space. This plan designation is out of date because the lots are located in a long established business zone and it is unlikely that the City or Borough would seek to acquire this area for public use or additional open space. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. P & Z Minutes: March 20, 1991 KIBS227350 Page 3 of 16 This warehouse, as proposed, 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 processes will insure that this conditional use fulfills other requirements of the district. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Granting of the conditional use permit for a warehouse will 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 ensure protection of the public health and safety. In addition, because a warehouse is classified by the Code as an industrial land use, it should clear that other industrial land uses are not permitted by this conditional use permit. The warehouse in this case is intended for permitted business uses only. Industrial land uses would only be allowed upon the review and approval of an exception by the Planning and Zoning Commission. Staff recommends a condition of approval to make this point clear, and to act as a reminder to staff when future zoning compliance permits are being reviewed. It can be argued that a warehouse can potentially detract from the public convenience and comfort if there are residential land uses in the vicinity. In this case there is a residential use on one side of the subject property. In addition, traffic approaching and departing the property is likely to go through the residential area along Ole Johnson Avenue, Simeonoff Street and Armstrong Avenue. While use of the present warehouse (and nearby outdoor storage yard) has not resulted in any documented complaints, that does not necessarily mean that the situation in this area cannot be improved. It is very possible that the development of a new warehouse will result in increased traffic. It appears that the nonconforming residential uses in Allman Lalande Subdivision are, at some point, likely to be converted to commercial use. For this reason, to the extent feasible, commercial traffic in this area should be encouraged to use Selig Street. 4. That sufficient setbacks, lot area, buffers or other safe¢uards are being provided to meet the conditions listed in subsections A through C of this section. The 21,750 square foot site (all three lots) contains sufficient lot area for the proposed use, off-street parking, and will be buffered from adjoining residential uses by the P & Z Minutes: March 20, 1991 KIBS227351 Page 4 of 16 screening that is determined by the Planning and Zoning Commission to be sufficient for that purpose. COMMISSIONER HEINRICHS MOVED TO APPROVE a five (5) foot fence along the lot line between Lots 12 and 13, Allman Lalande Subdivision, and along the rear lot lines of Lots 10, 11, and 12 Allman Lalande Subdivision, as suitable "screening' to separate a conditionally permitted commercial warehouse from an adjacent residential land use and zone and to control traffic across the site in accordance with Section 17.21.050 (Performance Standards) of the Borough Code; and to adopt the fording contained in the staff report dated March 7, 1991 as a "Finding of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDING OF FACT - SCREENING 1. A five (5) foot fence located on the West side and rear lot lines of Lots 10, 11 and 12 Allman Lalande will be adequate to "screen" a commercial warehouse from adjacent residential uses and/or zones. In addition, this will help to control commercial traffic in an around the warehouse site, thereby preventing adverse impacts to the nearby residential development. B) Case 91-011. Request for a variance from Section 17.19.040.13 (Yards) of the Borough Code to permit a six by twenty-one (6 X 21) foot addition to the side of an existing single family dwelling which will encroach no more than three (3) feet into the required ten (10) foot side yard setback (the yard facing Rezanof Drive West). Lot 27, Block 19, Kodiak Townsite Subdivision; 301 Cope Street. DUANE DVORAK indicated 51 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT a variance from Section 17.19.040.13 (Yards) of the Borough Code to permit a six by twenty-one (6 X 21) foot addition to the side of an existing single family dwelling which will encroach no more than three (3) feet into the required ten (10) foot side yard setback (the yard facing Rezanof Drive West); and to adopt the findings contained in the staff report dated March 9, 1991 as "Findings of Fact" for this case. P & Z Minutes: March 20, 1991 KI13S227352 Page 5 of 16 The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. In this case, the unique physical conditions on Lot 27, Block 19, Kodiak Townsite are: 1. The location of the existing nonconforming structure on the lot; 2. The nonconforming lot size of Lot 27, due to insufficient lot area of 5,013 square feet; 3. The odd shape of Lot 27 which forms an acute angle at the corner nearest to the intersection of Cope Street and Rezanof Drive; 4. The lot has right-of-ways on all sides of the lot but one, requiring additional setback constraints compared to an interior lot. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would require the proposed addition to be located on the West side of the existing dwelling. This would not permit the addition to add floor area to the living room as intended, but would instead place the additional area next to the entry way and kitchen area of the house. This would result in a practical difficulty and constitute and unecessary hardship when the proposed addition will only add another 126 square feet of floor area to the living room of the existing dwelling. The addition will not increase the density of development, nor will it reduce any existing off-street parking. 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 welfare. Granting of this variance will not result in material damage or prejudice to other properties in the area. A substantial number of lots and structures in Kodiak Townsite Subdivision are nonconforming, and the Commission has granted variances in the past for the minor expansion of these nonconforming structures. r & z Minutes: March 20, 1991 KIBS227353 page 6 of 16 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of this variance will not be contrary to the objectives of the comprehensive plan, which identifies this area as High Density Residential. Comprehensive plans generally do not address minor additions to residential dwellings when there is no change in the density of development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, actions of the applicant did not cause the conditions from which relief is being sought by variance. The existing structure was built prior to the existence of a zoning regulations. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residential land uses are permitted in the R2--Two-Family Residential Zoning District even when the lot is nonconforming due to insufficient lot area. C) Case 91-012. Planning and Zoning Commission review of the possible rezoning of Lots 4, 5, 6, 7, 8, 9, and 11, Block 3, Lakeside Subdivision, which are located in the I --Industrial Zoning District and Lot 10, Block 3 Lakeside Subdivision, which is located in the PL--Public Use Land Zoning District, to a more appropriate zoning district. 2095 thru 2327 Selief Lane, and 443 Von Scheele Way. DUANE DVORAK indicated 18 public hearing notices were mailed for this case and 2 were returned, 1 opposing and 1 stating partial agreement with this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Jeri Jensen appeared before the Commission and addressed recreational needs in this area. She objected to rezoning the greenbelt to residential. Dave Crowe appeared before the Commission and said that the City of Kodiak would consider annexation of this area if property owners in the area requested it. Jack McFarland appeared before the Commission and expressed a desire to see the request discussed further with more input from the City Council and Borough Assembly and other interested community members. Scott Arndt appeared before the Commission and expressed objection to rezoning this property. P m z Minutes: March 20, 1991 KIBS227354 Page 7 of 16 Gary Gilbert, City Councilmember, appeared before the Commission and expressed objection to rezoning this property. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO POSTPONE action on this case until next month. The case is to be scheduled as another public hearing item. The motion was seconded and CARRIED by unanimous roll call vote. The Commission agreed to devote a worksession (April 3, 1991) to discussion of the case with City Councilmembers and Borough Assemblymembers and other concerned community members in order to obtain additional information about the purpose of the rezone and it's implications for other property in the area. D) Case 91-013. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit the development of a solid waste disposal site (landfill) in an Rl--Single-family Residential Zoning District. Within protracted Sections 16, 17, 20, and 21, T34S, R25W; near Old Harbor. DUANE DVORAK indicated 8 public hearing notices were mailed and 1 was 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 HA= MOVED TO GRANT an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit the development of a solid waste disposal site (landfill) in an Rl--Single-family Residential Zoning District, located within protracted Sections 16, 17, 20, and 21, T34S, R25W, near Old Harbor; subject to the conditions of approval contained in the staff report dated March 10, 1991; and to adopt the findings contained in the staff report dated March 10, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Written approval for the proposed sanitary landfill must be obtained from the land owner of record (Old Harbor Native Corporation) prior to issuance of zoning compliance for this project. KIBS227355 P & Z Minutes: March 20, 1991 Page 8 of 16 2. The City of Old Harbor must make application to the Alaska Department of Environmental Conservation prior to issuance of zoning compliance for this project. 3. All conditions required by the Alaska Department of Environmental Conservation for the development and/or operation of the proposed sanitary landfill are included as conditions of approval for this exception. The motion was seconded and CARRIED by unanimous roll call vote. 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. The proposed use will not endanger the public's health, safety, or general welfare. In fact, the project will improve the public's health, safety, and general welfare by providing a new, properly designed, and constructed landfill. B. The proposed project will be generally consistent with the purposes and intent of Title 17 of the Borough Code. Exceptions are provided for in Borough Code to permit the land uses which are not specifically permitted by zoning district regulations. Landfills are only indentified as a conditionally permitted use in the C--Conservation and I -- Industrial Zoning Districts. There are no C-- Conservation or I --Industrial areas within the Old Harbor municipal boundaries that are suitable for this type of development. A rezone is not appropriate at this time because the boundaries of the proposed site have not been fixed by DEC investigation and eventual survey. This project is consistent with Title 17 because it is identified in the 1989 Old Harbor Comprehensive Development and Capital Improvements Plan. The landfill will not interfere with the continuation of single-family residences in the district (17.18.010B). In addition, it is unlikely that all areas within the corporate boundaries of Old Harbor will actually be developed with Rl--Single-Family Residential development. C. The proposed use does not appear to adversely impact other properties or uses in the area because all surrounding land is in common ownership and is currently undeveloped. The project location should provide adequate separation from any other P & Z Minutes: March 20, 1991 KMS,227356 Page 9 of 16 subsequent land uses to the extent feasible and prudent. The City of Old Harbor should file an application for a sanitary landfill with the Alaska Department of Environmental Conservation prior to the issuance of Zoning Compliance. In addition, any conditions placed on the landfill by DEC should also be conditions of approval for this exception. E) Case 591-006. Request for preliminary approval to vacate a reservation contained in the Patent for U.S. Survey 304, "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for use of the public as a highway; and ingress and egress to the public on the waters of all streams, whether navigable or otherwise." DUANE DVORAK indicated 10 public hearing notices were mailed for this case and 2 were returned opposing this request. Staff recommended postponing action on this request pending further information from applicants. Regular Session Closed. Public Hearing Opened: Andy Cristaldi, agent, appeared before the Commission and expressed support of postponing action on this request. Gabe McKilley, of Uyak Native Corporation, appeared before the Commission and expressed objection to the request and support of postponing action on this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO POSTPONE action on a request for preliminary approval to vacate a reservation contained in the Patent for U.S. Survey 304, "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for use of the public as a highway; and ingress and egress to the public on the waters of all streams, whether navigable or otherwise.", until the applicants submit more detailed information concerning the location of the reservations to be vacated. The motion was seconded and CARRIED by unanimous roll call vote. The Commission requested that another public hearing be scheduled for this case (with public hearing notices sent out) at the April 17, 1991 regular meeting. F) Case S91-007. Request for preliminary approval of the subdivision of Lot 1, Block 17, Ouzinkie Townsite, U.S. Survey 4871, creating Lots 1A and 113, Block 17, Ouzinkie Townsite, U.S. Survey 4871. KIBS227357 P & Z Minutes: March 20, 1991 Page 10 of 16 DUANE DVORAK indicated 25 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. Regular Session Closed. Public Hearing Opened: Dave Crowe, Kodiak Island Housing Authority representative, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Block 17, Ouzinkie Townsite, U.S. Survey 4871, creating Lots lA and 113, Block 17, Ouzinkie Townsite, subject to the following condition of approval, and to adopt the findings contained in the staff report dated March 11, 1991 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Place a note on the final plat as follows: "Access to Lot 1B is permitted for the maintenance and/or replacement of the septic tank serving Lot 313" The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required 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. 4. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and Federal regulations which may also be applicable. G) Case S91-008. Request for preliminary approval of the vacation of Lot 4, U.S. Survey 3464, and Lot 4, Block 10, Miller Point Alaska Subdivision, and replat to Lot 4A, U.S. Survey 3464, and Lot 4A, Block 10, Miller Point Alaska Subdivision. 827 Lilly Drive. P & z Minutes: Mart, 20, 1991 KIBS227358 Page 11 of 16 DUANE DVORAK indicated 39 public hearing notices were mailed and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Nick Szabo appeared before the Commission to answer questions and to express support of this request. Lequita Yatsik appeared before the Commission and asked for clarification on this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the vacation of Lot 4, U.S. Survey 3464, and Lot 4, Block 10, Miller Point Alaska Subdivision, and replat to Lot 4A, U.S. Survey 3464, and Lot 4A, Block 10, Miller Point Alaska Subdivision; subject to the following conditions of approval and to adopt the findings contained in the staff report dated March 11, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Designate the driveway easement across the southerly portion of Lot 4A, Block 10, Miller Point Alaska Subdivision, from the Lilly drive right-of-way to the lot line common to Lot 4A, Block 10, Miller Point Alaska Subdivision and Lot 3, U.S. Survey 3464, as a driveway easement. 2. The Planning and Zoning Commission reserves the right to review the final plat if it is determined that KEA has not withdrawn their request for a utility easement along the driveway. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required 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. 4. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with P & Z Minutes: March 20, 1991 aBri I 1359 Page 12 of 16 State and Federal regulations which may also be applicable. VH. OLD BUSINESS A) Case S91-001. Review by the Planning and Zoning Commission r-- of the final plat of the subdivision of "Nixon Ranch" within Lot 1, U.S. Survey 2539, creating Lots 1-10, Russian River Estates, including a request for a waiver from the subdivision requirements by providing access by an existing forty (40) foot right-of-way and vacating/relocating a twenty (20) foot electrical utility easement. End of Middle Bay Road, Bells Flats Alaska Subdivision, north of Russian River drainage. COMMISSIONER HODGINS MOVED TO GRANT a waiver from Section 16.80.030 A (Minimum Right -of -Way and Trafficway Widths) of the Borough Code to permit a forty (40) foot wide right-of-way to be platted instead of the required sixty (60) foot right-of-way required for a local road, as shown on the plat for Lots 1 through 10, Russian River Estates; and to adopt the findings of fact contained in the staff report dated March 11, 1991. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT A dedicated forty (40) foot road right-of-way is sufficient to replace the normally required sixty (60) foot road right-of-way for a local road as shown on the plat of Lots 1 through 10, Russian River Estates for the following reasons: 1. The road is a dead end and is unlikely to ever access more than the ten lots platted in this subdivision; 2. The existing road bed located within the forty (40) foot right-of-way is a substantial road which appears to need little additional development to meet Borough Codes and additional right-of-way width for construction or to get around obstacles is unnecessary; 3. The topography of the site is flat enough that additional construction necessary to bring the roadway into compliance with Borough Code will not require significant regrading. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the revised subdivision of a portion of Lot 1, U.S. Survey 2539 (Nixon Ranch) creating Lots 1 through 10, Russian River Estates; subject to the conditions of approval contained in the staff report dated March 11, 1991: and to reaffirm the findings contained in the staff report dated January 7, 1991 as "Findings of Fact" for this case. P & Z Minutes: March 20, 1991 KIBS227360 Page 13 of 16 CONDITIONS OF APPROVAL 1. Place a note on the final plat stating: "Setbacks along the rear of Lots 2, 3, 4, and 5 will be calculated from the top of the high bank." 2. Relocate the quonset but and generator building to legal locations and remove debris from the site prior to final approval of the plat. 3. Provide written approval by the Womens Bay Fire Chief that the constructed emergency vehicle turnaround between Lots 6 and 7 is adequate prior to final approval of the plat. 4. The subdivider must record an access easement consistent with the constructed turnaround until an alternative turnaround is constructed, and copy same to the Community Development Department prior to final approval of the plat. The motion was seconded and CARRIED by unanimous voice vote. 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 the 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 necessarily mean that development of the property complies with State and Federal regulations which may also be applicable. B) Case 589-022. Review by the Planning and Zoning Commission of the final plat of the subdivision of Lots 5A and 513, Block 1, Miller Point Alaska Subdivision, Second Addition and replat to Lots 5A-1, 5A-2, and 513-1, Miller Point Alaska Subdivision, Second Addition and creating at least a twenty-three (23) foot utility easement across Lot 5A-2 for the benefit of pre-existing water and sewer connections serving Lot 5A-1. 3990 - 4002 Cliffside Road. COMMISSIONER HEINRICHS MOVED TO GRANT approval to a water and sewer utility easement across proposed Lot 5A-2, Miller Point Alaska Subdivision Second Addition, at least 23 feet in width, to accommodate the pre-existing water and sewer P & Z Minutes: March 20, 1991 KIBS227361 Page 14 of 16 service lines serving proposed Lot 5A-1, Miller Point Alaska Subdivision Second Addition, as shown on the final plat for Case S-89-022. The motion was seconded and CARRIED by unanimous voice vote. C) Case 91-004. Request for review by the Planning and Zoning Commission in accordance with Section 18.20.030 (Review by Planning and Zoning Commission --Assembly Approval) of the Borough Code of a proposed trade of Borough land (Lot 17, Block 1, Russian Creek Alaska Subdivision, 11206 Rezanof Drive West) for a private parcel (Tract E of Tract A, Bells Flats Alaska Subdivision, 465 Sargent Creek Road), Postponed from the January 16, 1991 Regular Meeting. The Commission was presented with a memorandum from Bud Cassidy, Resource Management Officer, and a Resolution from the Borough Parks and Recreation Committee recommending the proposed land trade be approved. COMMISSIONER HEINRICHS MOVED TO RECOMMEND the proposed trade of Borough land (Lot 17, Block 1, Russian Creek Alaska Subdivision, 11206 Rezanof Drive West) for a private parcel (Tract E of Tract A, Bells Flats Alaska Subdivision, 465 Sargent Creek Road), by adopting Planning and Zoning Commission Resolution 91-001. The motion was seconded and CARRIED by unanimous voice vote. D) Case 90-078. Proposed revisions to Chapter 17.26 (Mobile Home Parks) of the Borough Code, (Postponed from the December 19, 1991 Regular Meeting). A meeting has been scheduled with mobile home park owners on March 27, 1991, to get input and suggestions on the proposed revisions. COMMISSIONER HODGINS MOVED TO POSTPONE action on Case 90-075 until the Commission determines that revisions to Chapter 17.26 Mobile Home Parks, are ready for consideration at a public hearing. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW There was no new business. IX. COMMUNICATIONS COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. P & Z Minutes: March 20, 1991 KIBS227362 Page 15 of 16 A) Letter from U.S. Department of the Interior, Minerals Management Service (Alan D. Powers), RE: Draft proposed five (5) year program for oil and gas activities in the OCS.. B. Letter from Wade Wahrenbrock, DNR, to Linda Freed, RE: Revised Notification of Operations for SC88-06, Afognak Native Corporation, Forest Practices. C. Letter to Yoram Palkovitch, Minex Alaska, Inc. from Linda Freed, RE: Annual Placer Mining Application, Sitkinak Strait The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XM. ADJOURNMENT CHAIR HENDEL adjourned the meeting at 9:30 P.M. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Tom Hendel, Ch ATTEST By: �; 2 00— 1 ?-U--UL/1ep Eileen Probasco, Secretary Community Development Department DATE APPROVED: April 17, 1991 P & Z Minutes: March 20, 1991 yjgg227363 Page 16 of 16