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1991-08-21 Regular MeetingI. II. III IX KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 21, 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 Wednesday, August 21, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Robin Heinrichs Wayne Coleman Jon Hartt Commissioners Absent: Jody Hodgins - Excused Bruce Barrett - Excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following additions to the agenda: COMMUNICATIONS A) Letter dated July 25, 1991 to Oddvar and Ingeborg Nylund from Bob Scholze, RE: Compliance deadline and inspection of illegal dwelling at Lot 2, Block 6, Baranof Heights Subdivision. B) Letter dated August 5, 1991 to Linda Freed from Wade Wahrenbrock, FPA Forester, DNR, RE: Afognak Native Corporation, New Notification of Operation for harvest activities on Afognak Island. C) Letter dated August 7, 1991 to Timothy DePlazes from Bob Scholze, RE: Junk cars at Lot 2, USS 3474, Chiniak Point. D) Letter dated August 19, 1991 to Mr. C. Hiner from Bob Scholze, RE: Stop Work Order, Lot 4, Block 10, Miller Point Alaska Subdivision, First Addition COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS227478 P & Z Minutes: August 21, 1991 Page 1 of 18 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the July, 1991 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case S89-025. Request for a one (1) year extension of preliminary approval of the vacation and replat of Lots 6 - 12, U.S. Survey 3511 (until August 16, 1992). 217 Benny Benson Drive, generally known as the East Elementary School Site. COMMISSIONER ASPGREN MOVED TO GRANT a one (1) year extension of preliminary approval of the vacation of Lots 6, 7, 8, 9, 10, 11 and 12, U.S. Survey 3511, and replat to Lot 6A, U.S. Survey 3511, and to affirm the conditions of approval contained in the staff report dated August 7, 1991. The motion was seconded and CARRIED by unanimous roll call vote. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 87-028. Review of an exception authorizing the storage, and wholesale and retail sales of chemicals (including chlorine, and compressed gas) in a B--Business Zoning District, to determine the landowner's compliance with the conditions of approval and whether the exception should be continued or revoked (referred for public hearing at the July 24, 1991 regular meeting). Lot 24, Block 1, Russian Creek Alaska Subdivision (11590 Rezanof Drive West). DUANE DVORAK indicated 37 public hearing notices were mailed and 2 were returned, 1 in favor and 1 opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: John Burt appeared before the Commission and expressed opposition to this request. Laurene Madsen appeared before the Commission and expressed opposition to this request. Rose Cobis appeared before the Commission and expressed opposition to this request. Dave Woodruff appeared before the Commission and expressed support for this request, and addressed some of the concerns expressed in previous testimony. Public Hearing Closed. Regular Session Opened. P & Z Minutes: August 21, 1991 Page 2 of 18 COMMISSIONER HEINRICHS MOVED TO ACCEPT the staff report dated July 23, 1991 as the annual review for Case 87- 028, an exception which authorizes the storage and wholesale and retail sales of chemicals (including chlorine and compressed gas) in a B--Business Zoning District, located on Lot 24, Block 1, Russian Creek Alaska Subdivision, and to affirm the seven (7) conditions of approval contained in the staff report dated June 26, 1991. CONDITIONS OF APPROVAL 1. The use shall comply with the performance standards for industrial land uses, Section 17.24.060 A through G of the Borough Code. 2. The number of full ammonia and/or chlorine cylinders shall not exceed thirty (30) and the total storage is limited to five thousand (5,000) pounds. 3. All storage shall be contained within a locked container van at all times. 4. No cylinders shall be filled, refilled, or the contents transferred amongst cylinders on this property. 5. The exception shall be reviewed annually for compliance with the above conditions. 6. The exception is limited to five (5) years and will expire on June 15, 1992. 7. The applicant must inform the Women's Bay Fire Department of the quantity and location, and content of all chemicals stored on Lot 24, Block 1, Russian Creek Alaska Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 91-032. Appeal of an administrative decision in accordance with Section 17.68.020B (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (maintaining a junkyard in an R2--Two-family Residential Zoning District) and ordering the removal of all items classified .— as junk and scrap salvage within thirty (30) days; Lots 1, 3, and 10 Tona Subdivision, (3476 Spruce Cape Road, 3469 Tona Lane) (Postponed from the July 24, 1991 regular meeting), and, if denied; A request in the form of an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the continued use of the lots for outdoor storage of junk and scrap salvage. DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 2 were returned, opposing this request. KIBS227480 P & Z Minutes: August 21, 1991 Page 3 of 18 Staff recommended affirmation of the administrative decision and denial of the exception request. Regular Session Closed. Public Hearing Opened: George Rieth appeared before the Commission and expressed opposition to this request. Aileen Hediger appeared before the Commission and expressed opposition to this request. Eric Linscheid appeared before the Commission and expressed opposition to this request. Tony Perez appeared before the Commission and expressed support for this request. John Burt appeared before the Commission and asked questions about grandfather rights provided by the Borough. Aileen Hediger appeared again and expressed concerns for the fact that the house on these lots was not hooked up to the City wastewater treatment system. Tony Perez appeared again and addressed his grandfather rights on the property. Public Hearing Closed. Regular Session Opened. LINDA FREED gave a brief history of grandfather rights, junkyards, and how they currently read in the Borough Code. COMMISSIONER HEINRICHS MOVED TO AFFIRM the administrative decision specifying that the outdoor storage of junk and scrap salvage on Lots 1, 3 and 10, Tona Subdivision is an unlawful use of land; and to adopt the applicable findings contained in the staff report dated June 26, 1991, as "Findings of Fact" for this appeal. FINDINGS OF FACT - ADMINISTRATIVE DECISION: 1. Although junk and scrap salvage may have some value, the storage of this type of property in residential areas is not permitted by, or consistent with, the intent and specific requirements of the R2--Two-Family Residential Zoning District. 2. Historically, outdoor storage of junk and scrap salvage can provide habitat for rats and vermin, which can result in health and safety concerns for surrounding property owners, as well as presenting an attractive nuisance for children. 3. Permitting this type of storage to continue in a residential area will set a precedent that would encourage other KIBS227481 P & Z Minutes: August 21, 1991 Page 4 of 18 property owners to utilize their residential property for industrial purposes. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO GRANT an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the continued use of Lots 1, 3 and 10, Tona Subdivision, located in the R2--Two-family Residential Zoning District, for outdoor storage of junk and scrap salvage. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO REQUIRE the removal of all junk and scrap salvage from Lots 1, 3 and 10, Tona Subdivision within 180 days, and to adopt the findings contained in the staff report dated June 26, 1991, as "Findings of Fact" for Case 91-032, and that the applicant may, within thirty (30) days, submit a list of items to be exempted from this action for consideration by the Commission. Should the Commission disallow any of these items, the original compliance date of 120 days from the date of the decision, will apply to those items. The motion was seconded and FAILED by roll call vote of 3-2. COMMISSIONERS HENDEL and HARTT voted no. COMMISSIONER COLEMAN MOVED TO REQUIRE the removal of all junk and scrap salvage from Lots 1, 3 and 10, Tona Subdivision within 120 days, and to adopt the findings contained in the staff report dated June 26, 1991, as "Findings of Fact" for the exception for Case 91-032. FINDINGS OF FACT - EXCEPTION 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 use will endanger the public's health, safety and general welfare because •— industrial land uses (e.g. junkyards and scrap salvage) detract from the use of surrounding property for residential purposes. This is evidenced by the complaint already received regarding the storage of junk and scrap salvage on Lots 1, 3 and 10, Tona Subdivision. Methods of limiting land use conflicts like this can include, but are not limited to, screening, limits on the land area to be used for the outdoor storage, or limits on the duration of the land use. These KIBS227482 P & Z Minutes: August 21, 1991 Page 5 of 18 methods may address concerns about the appearance of junk and scrap salvage, however, it is much harder to specify conditions of approval that would ensure that the storage does not provide habitat for rats and vermin, or that contamination of the soil does not occur with residues from the salvaged items. B. The proposed use is inconsistent with the general purposes and intent of Chapter 17.19 (Description and Intent) of the R2--Two-Family Residential Zoning District as follows: 17.19.010 Description and intent. The two-family residential district is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single- family and two-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family and two-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provision of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such services can systematically and adequately be provided. C. The proposed use would adversely impact other residential properties in area. In addition to the conflict between the industrial land use and the surrounding residential land uses (e.g. aesthetics, vermin, soil contamination, traffic, hours of operation, etc.) granting of this exception will set a precedent for changing the expected use of the R2-- Two-Family Residential Zoning District. This is especially true given the existence of the industrial use already established at this location. This exception, if approved, would allow this industrial KIBS227483 P & Z Minutes: August 21, 1991 Page 6 of 18 use to continue unabated. This could give the impression to the public that the intended use of the surrounding residential land may be of industrial nature, thereby encouraging similar land use activities to occur in this area. The motion was seconded and CARRIED by unanimous roll call vote. * * * SEE REPORTS, ITEM X FOR FURTHER ACTION ON THIS CASE C) Case 91-040. Request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code, to permit natural resource (rock) extraction to occur on six lots proposed for rezoning to PL--Public Use Land in accordance with the previously approved site plan. Lots 7 and 8A, Block 9, and Lots lA and 2, Block 10, Miller Point Alaska Subdivision, First Addition, and Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision (3760 and 3786 Otmeloi Way, 961 Mallard Way, 964, 987 and 1072 Mallard Court, 875 Lilly Drive). DUANE DVORAK indicated 121 public hearing notices were mailed for this case and 3 were returned, 2 expressing support for the request and 1 addressing the dust problem on roads in the area. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Pat Szabo appeared before the Commission and expressed support for this request, but wanted certain conditions of approval in place, such as the hours of operation, completion deadline, and a safe access route for dump trucks to and from the site designated. Mike Anderson, representing Anderson Construction (contractor) appeared before the Commission to answer questions and to express support for this request. He stated that he felt a condition restricting access was unnecessary because the trucks would be using the quickest access to Rezanof anyway and would not drive through residential areas. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code, to permit natural resource (rock) extraction to occur on Lots 7 and 8A, Block 9, and Lots lA and 2, Block 10, Miller Point Alaska Subdivision, First Addition, and Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision in accordance with the previously approved conceptual site plan; subject to the following conditions of approval, and to adopt the findings contained in KIBS227484 P & Z Minutes: August 21, 1991 Page 7 of 18 the staff report dated August 12, 1991 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. The period of time in which rock extraction activity may take place is limited to the hours between 8:00 a.m. and 8:00 p.m., six (6) days a week, excluding Sunday. 2. Access to and from the site is limited to Otmeloi Way, unless gravel is being delivered to a lot on the Lilly Drive/Neva Way area. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. An elementary school is compatible with surrounding residential lots as schools are generally permitted in residential areas by the Borough Code. Rock extraction would replace remnants of a gravel pit and associated steep scarps which make the site physically limiting for most uses. A school built at this former pit site could become the focus and catalyst for future residential development, increasing the integrity of a neighborhood that now consists of a nonconforming industrial use (sawmill) and the open storage of miscellaneous items associated with a heavy equipment and trucking business. With future public utilities scheduled for this area it is logical to assume that the neighborhood is in transition and will become more dense with the pressure to subdivide. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question This proposal meets the intent of granting a conditional use permit as stated in Section 17.67.010 (Intent) of the Borough Code. Schools are consistent with the proposed PL--Public Use Land Zoning District now pending before the Assembly. Controls and safeguards can be applied to rock extraction (such as the use of seismographs, sequential blasting, hours of operation and other residential concerns) to allow for reasonable compatibility with existing uses during the period that rock extraction is permitted. There is little development in the vicinity as most land is vacant immediately surrounding the site. It is best to remove the rock now while the neighborhood is in transition as opposed to when it is fully developed. 3. That granting the conditional use permit will not be harmful to the public health, safety convenience and comfort. KIBS227495 P & Z Minutes: August 21, 1991 Page 8 of 18 The granting of a conditional use permit will not, with appropriate conditions, be harmful to the public's health, safety and welfare. Though there will be a certain level of inconvenience, the removal of rock and development of a school will in fact eliminate the hazardous conditions found on the lot presently which could be harmful to the public's health and safety. A public project such as this might be the only way to eliminate this unsightly and dangerous condition and eliminate a neighborhood liability. 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. The site plan granted conceptual approval by the Commission provides sufficient setbacks, lot area, buffers or other safeguards to meet the requirements of a conditional use permit. The conceptual site plan portrays a structure which is centrally located on the site, surrounded by parking areas and play fields which will provide adequate buffer areas around the main structure. The rock cuts remaining on site must meet Federal Guidelines and locally adopted grading requirements for finished slopes. Though not shown on the site plan, the School District contemplates protective fencing, as well as restricting access to some areas on the site. 5. If the permit is for a public use or structure. the Commission must find that the proposed use or structure is located in a manner which will maximize public benefits. The removal of rock, based on a site plan for a specific public use will maximize public benefits by eliminating a neighborhood hazard and creating order by restoring a former gravel pit. It will take a project on the scale of the proposed elementary school to maximize public benefits at this pit area. The motion was seconded. There was some discussion as to whether there was a need to restrict the access, as Mike Anderson pointed out that it would be most practical for drivers to use the Otmeloi Way route to Rezanof anyway. COMMISSIONER HEINRICHS WITHDREW Condition #2. The second concurred. The question was called and the motion CARRIED by unanimous roll call vote. D) Case 91-041. An exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing single-family residence; and KIBS227486 P & Z Minutes: August 21, 1991 Page 9 of 18 A finding in accordance with Section 17.36.050C (Non- conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. The Commission had been presented with a supplemental staff report and at this point took a five (5) minute recess to read the additional material. DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 4 were returned, opposing this request. Duane also indicated that the exception request had been withdrawn by the applicant, and that the only request the Commission needed to address was the request for a finding. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Edwina Horn appeared before the Commission and expressed opposition to this request. Helen Wandersee appeared before the Commission and expressed opposition to this request. Bob Brodie appeared before the Commission and expressed support for this request. Louie Lowenberg appeared before the Commission and expressed support for this request, and as the applicant, officially withdrew the request for the exception. Helen Wandersee appeared again and expressed opposition to this request. Mary Jane Longrich appeared before the Commission and expressed opposition to this request. Candy McGuire appeared before the Commission and expressed opposition to this request. Tonya Donaldson appeared before the Commission and expressed opposition to this request, and read a letter from Bill Donaldson, also opposing the request. Sharlene Sullivan appeared before the Commission and expressed support for this request. Tonya Donaldson appeared again and spoke of her observation of the Salvation Army operation on Mill Bay Road. Ruth Gordon appeared before the Commission and stated that the proposed Salvation Army site would not be used as a food distribution center. She spoke in favor of the request. IUBS227497 P & Z Minutes: August 21, 1991 Page 10 of 18 Helen Wandersee appeared again and stated that she felt the Salvation Army would be better located in a downtown area. John Mahoney appeared before the Commission and expressed opposition to the request. He pointed out that all of those speaking in favor of the request did not live in the neighborhood of the proposed Salvation Army site. Jim Mallory, representing the Salvation Army in Anchorage, appeared before the Commission to answer some questions asked in previous testimony and to express support for the request. Mary Jane Longrich appeared again and expressed concern for increased traffic in the area, and the need for better access and parking. Helen Wandersee appeared again and also expressed concern for increased traffic and the need for better access and parking. Louie Lowenberg appeared again and stated that he felt the Salvation Army would be a "Good Neighbor", perhaps better than another family which may move in. Della Lackey appeared before the Commission and expressed opposition to the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO FIND that, per Section 17.36.050C (Nonconforming uses of structures) of the Borough Code, the proposed use of the accessory building on Lot 6A, Block 3, Leite Addition as a retail store is equally or more appropriate than the use of the structure as a fishing gear warehouse. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER COLEMAN MOVED TO ADOPT the applicable findings contained in the staff report dated August 8, 1991, as "Findings of Fact" for the Nonconforming Use Determination Case 91-041. FINDINGS OF FACT - NONCONFORMING USE 1. Fishing gear storage, both inside and outside structures, is historically more acceptable as a non -conforming use in the Kodiak community. 2. Fishing gear storage is essentially a private use of land, whereas, a retail sales establishment would inherently require access to the property by the public to transact business. KIBS227499 P & Z Minutes: August 21, 1991 Page 11 of 18 3. A retail sales establishment would generate more traffic, in terms of the total number of trips to and from the site and the duration of traffic throughout the year, compared to movement of fishing gear storage during seasonal peak activity The motion was seconded and CARRIED by unanimous roll call vote. E) Case S91-029. Preliminary approval of the creation of Tract D within U.S. Surveys 2261 and 4947 (North side of the Near Island access road). DUANE DVORAK indicated 43 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. LINDA FREED stated that a request from the City of Kodiak was received. In approving the subdivision, they wished the name of the access road be designated as DOG BAY WAY. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the subdivision of a Portion of U.S. Survey 2261 and a Portion of U.S. Survey 4947, creating Tract D, within U.S. Surveys 2261 and 4947; and to adopt the findings contained in the staff report dated August 13, 1991, as "Findings of Fact" for this case, and that at the request of the City Council, the Near Island access road be designated on the plat as DOG BAY WAY. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. F) Case S91-030. Request for preliminary approval of the vacation of portions of U.S. Survey 1673, Alaska Tidelands Survey 1408, and Alaska Tideland Survey 955, creating Tract KIBS227489 P & Z Minutes: August 21, 1991 Page 12 of 18 A, Alaska Tideland Survey 955 and Tracts A, B and C, U.S. Survey 1673. Generally located at the head of Gibson Cove (1011 Rezanof Drive). DUANE DVORAK indicated 6 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the vacation and replat of portions of U.S. Survey 1673, Alaska Tidelands Survey 1408, and Alaska Tideland Survey 955, creating Tract A, Alaska Tideland Survey 955 and Tracts A, B and C, U.S. Survey 1673; and to adopt the findings contained in the staff report dated August 13, 1991 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. VII. OLD BUSINESS A) Case 91-030. Findings of fact for the granting of a one (1) year exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a voluntary, non -medical detoxification facility for up to eight (8) clients which will provide temporary, supervised detoxification of up to four (4) days per client. (Reconsidered from the June 19, 1991 regular Planning and Zoning Commission meeting, and findings deferred from the July 24, 1991 regular meeting). Lots 6 & 10, Block 14, New Kodiak Subdivision, (115 Mill Bay Road). LINDA FREED stated that a three page letter had been received from Gerald Markham and was presently being copied for the Commission's consideration and possible inclusion in the findings of fact. She recommended the Commission take a few moments to read the letter before adopting findings. KIBS227490 P & Z Minutes: August 21, 1991 Page 13 of 18 CHAIR HENDEL suggested they move on to the next Old Business item until the letter was copied and they had read it. The Commission concurred. B) Case 91-037. Findings of Fact for the denial of a request for the rezone of Lot 1, Block 1, Sawmill Subdivision from C-- Conservation to I --Industrial (Deferred from the July 24, 1991 regular meeting). COMMISSIONER ASPGREN MOVED TO ADOPT the findings contained in the staff report dated July 26, 1991, as "Findings of Fact" for Case 91-037. The motion was seconded. The Commissioners discussed the fact that only three (3) of the five (5) Commissioners present for the July decision were present at tonight's meeting. The other two (2) Commissioners felt they were not knowledgeable enough to vote on the findings, and it was determined that the findings could not be adopted with only three (3) votes. COMMISSIONER COLEMAN MOVED TO POSTPONE adoption of findings of fact for Case 91-037 until the September, 1991 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS LINDA FREED commented on Item B, the letter from Wade Wahrenbrook, DNR, Div. of Forrestry, a new notification of operations for harvest activities on Afognak Island. COMMISSIONER COLEMAN MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS There were no reports, but LINDA FREED gave a brief update on the status of the Draftsman position, and revenue sharing and the most recent federal census. There were no further reports. At this point, LINDA FREED stated that since the original settlement agreement was brought up during Case 91-032, (Tony Perez, appeal of an administrative decision), it was recommended by the Borough attorney that the Commission adopt a finding of fact acknowledging KIBS227491 P & Z Minutes: August 21, 1991 Page 14 of 18 the agreement and make a determination whether or not they felt the terms of the settlement agreement had been fulfilled, and if not, which terms had not been fulfilled. 1. erect/maintain fence - unsure 2. remove abandoned/inoperative vehicles - unsure 3. remove abandoned/inoperative machinery - unsure 4. remove unusable building materials - non-compliance 5. locate materials/equipment behind fence - non-compliance 6. clean-up and keep clean north end driveway area - non- compliance 7. repair and maintain visible accessory buildings non- compliance 8. paint fence and visible accessory buildings - non-compliance 9. raise materials/equipment one foot above ground - non- compliance COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE the _ review of the settlement agreement dated March 4, 1982, and that the conditions have not been complied with in total. With the present complaint, there is substantial non-compliance with conditions four (4) through nine (9), and questionable compliance with conditions one (1) through three (3). The motion was seconded and CARRIED by a unanimous voice vote. * * THE COMMISSION then returned to OLD BUSINESS ITEM A, Findings of Fact for Case 91-030. The Commission discussed the fact that COMMISSIONERS HEINRICHS and HARTT were present at the June 1991 regular meeting, but not at the July 1991 meeting, and that COMMISSIONER HENDEL was not present at the June meeting, but was at the July meeting. After some discussion the Commission agreed that COMMISSIONERS HEINRICHS, HENDEL and HARTT felt comfortable and knowledgeable enough about the case to vote on the findings. COMMISSIONER HEINRICHS MOVED TO ADOPT the findings contained in the staff report dated August 9, 1991, as "Findings of Fact" for Case 91-030. 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. KIBS227492 P & Z Minutes: August 21, 1991 Page 15 of 18 A. The land use proposed in this exception request will not endanger the public's health. safety or general welfare. The Commission believes that the operating procedures established for the proposed KCA detoxification facility are reasonable to assure the safety of surrounding residents and property owners. The Commission notes that the Kodiak Island Hospital is located adjacent to an R1--Single-Family Residential Zoning District. Ongoing detoxification activities at the hospital have not endangered the health, safety or general welfare of the surrounding residents and property owners. The Commission notes that a supervised detoxification facility is an amenity to the health, safety and general welfare of the community compared to an (unsupervised) eating and/or drinking establishment or some other use which is permitted the B--Business Zoning District. A one (1) year duration for this exception, and a limitation on the length of treatment and number of individuals that can be treated will insure that the operation of the center will not exceed the capability of the staff. With all the attention focused on this facility, the Commission feels that the Kodiak Council on Alcoholism will make every effort to assure that the concerns of surrounding residents and property owners will be addressed. The purpose of the detoxification center is to provide appropriate counseling and supervision for intoxicated individuals undergoing detoxification who would otherwise be somewhere else in the community, unsupervised. This facility will promote the public's health, safety and general welfare to the extent that the utilization of local hospital facilities and resources for individual non -medical detoxification will now be available to meet the medical needs of the community as intended. B. The use proposed will not be inconsistent with the general purposes and intent of the Title 17 (Zoning) of the Borough Code. The Commission heard a considerable amount of public testimony both for and against the proposed detoxification facility prior to deciding this request. The testimony against the request indicated that the use would not be compatible with surrounding residential and commercial land uses. The Commission recognizes that the B--Business Zoning District permits a number of other land uses that could be considered incompatible with residential land uses with no public review required. Interestingly, the majority of the dwelling units surrounding the proposed site of the detoxification facility are located in the B--Business Zoning District. P & Z Minutes: August 21, 1991 KIBS227493 Page 16 of 18 By approving this exception, the Commission has determined that the activities of a detoxification center are consistent with the intent and the types of activities permitted in the B--Business Zoning District. Rather than being a detriment to the local residents, the Commission believes that the facility will provide an amenity and needed service to the Kodiak community. The Commission feels that it would be inconsistent to deny an exception for a supervised nonmedical detoxification center in a zone where a drinking establishment could be located and individuals would be free to become intoxicated with no supervision. It was stated in public testimony that a hospital is an appropriate place for detoxification activities to take place. Hospitals are a conditional use in the B--Business Zoning District. The Commission is not required to determine if the site proposed is the best location for this land use. The Commission's role in this request is to determine whether the use meets the criteria to grant an exception under Chapter 17.65 (Exceptions) of the Borough Code. C. The proposed use will not adversely impact other properties or uses in the neighborhood. The procedures established for the proposed detoxification facility will provide reasonable assurance that the surrounding property owners and residents will not be adversely impacted by the operation of the detoxification facility. The staff of the facility are trained and know what types of situations are likely to occur in the operation of a facility of this type. It is expected that the staff will act appropriately, in accordance with Alaska Statutes and related policies and procedures which relate to the operation of detoxification facilities. Testimony against the proposed use focused primarily on the potential behavior of individuals seeking, undergoing, or terminating detoxification treatment. To address this concern the applicants modified the request to a one (1) year exception, in addition to the other limitations on the duration of treatment and the number of clients that can be served at one time. The Commission granted the one (1) year exception, as requested, so that the long term operation of this facility is not beyond the power of the Commission to reconsider in the future. If, after one (1) year, the operation of the facility appears to constitute a nuisance to the surrounding residents and property owners, the Commission will have a factual basis upon which to evaluate the renewal of this exception. A one (1) year exception is sufficient time to to show empirically whether the concerns of the KIBS227494 P & Z Minutes: August 21, 1991 Page 17 of 18 surrounding residents and land owners will be addressed by the staff of the detoxification center. The Commission believes that the Kodiak Council on Alcoholism will have to bear the burden of educating potential clients that the detoxification center is not a sleep -off facility. To a limited extent, the new homeless shelter will provide a place for people to sleep if they cannot afford other accommodations. The Commission felt that the negative testimony regarding this request is typical of what could be expected in any area of the community such a facility might propose to be located. The negative perception of the proposed detoxification facility presented in the testimony of some surrounding residents and property owners should be balanced with the benefit that such a facility will provide for the Kodiak community. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. XI. AUDIENCE COMMENTS Tony Perez appeared before the Commission to ask some questions r on the original complaint on Lots 6 & 7, U.S. Survey 3101, grandfather rights, and divulging complainants names to the public XII. COMMISSIONERS' COMMENTS COMMISSIONER HEINRICHS commented on the Borough Assembly's careful consideration and decision to uphold the Planning and Zoning Commission decision on the Larsen Bay Tribal Council Case 91-027. CHAIR HENDEL commented on the history of the origin of the name DOG BAY. XIII. ADJOURNMENT CHAIR HENDEL adjourned the meeting at 10:37 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONINiG COMMISSION ATTEST By: �.t�Q�,_ VAZ&� Eileen Probasco, Secretary Community Development Department DATE APPROVED: Chair KIBS227495 P & Z Minutes: August 21, 1991 Page 18 of 18