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1991-09-18 Regular Meetingr I. H. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 18, 1991 MINUTES 14MAIN! CiX6 The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Tom Hendel on September 18, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Bruce Barrett Jody Hodgins Jon Hartt Commissioners Absent: Robin Heinrichs - Excused Wayne Coleman - 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 changes to the agenda: DELETION VI PUBLIC HEARINGS J) CASE: 91-047 APPLICANT: Kodiak Island Borough/City of Kodiak AGENT: Bud Cassidy, Resource Management Officer REQUEST: Planning and Zoning Commission review, in accordance with Sections 18.20.030 A (Review by Planning and Zoning Commission - Assembly Approval) and 18.40.020 B (Negotiated Leases) of the Borough Code of a disposal by lease of Borough land (approximately 400 square feet) for less than fair market value, to be used for the location of a three (3) meter satellite earth station. LOCATION: Portion of Lot 513, U.S. Survey 2538; located near school district loading dock, just off Egan Way (no address assigned). ZONING: PL--Public Use Land KIBS227503 P & Z Minutes: September 18, 1991 Page 1 of 18 ADDITIONS IX COMMUNICATIONS F) Letter dated August 27, 1991 to Wayne Hill, Real Estate Specialist, from Linda Freed, RE: Cold Weather Training '— Facility, Spruce Cape, Kodiak. G) Letter dated September 3, 1991 to Donna Jaeger from Linda Freed RE: Lots 3, 4, and 5, Block 14, Kodiak Townsite. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HODGINS MOVED TO POSTPONE ACCEPTANCE the minutes of the August 21, 1991 Planning and Zoning Commission regular meeting as they had just been presented to the Commission and they had not yet had an opportunity to read them. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case S88-036. Planning and Zoning Commission review of a screening plan in accordance with Section 17.21.050 C (Screening) of the Borough Code (a condition of preliminary plat approval for the subdivision of Lot 113, Holland Acres Subdivision). Lot 113, Holland Acres Subdivision (140 Island Lake Road and 2975 Mill Bay Road) COMMISSIONER HODGINS MOVED TO APPROVE a screening plan proposing no screening as appropriate and consistent with the requirements of the Borough Zoning Code, specifically Section 17.21.050 C (Performance Standards) and that said screening plan satisfies condition of preliminary subdivision approval number three (3) as contained in the approval for Case S88-036, and to adopt the findings contained in the staff report dated August 28, 1991 as "Findings of Fact' for this case. FINDINGS OF FACT 1. The present owners of the property agree that screening is unnecessary and undesirable. 2. Future owners will acquire the respective properties with the absence of screening as a given. 3. Future owners of the residential structure will be faced with the same considerations as the current resident. The motion was seconded and CARRIED by unanimous roll call vote. There were no further audience comments or appearance requests. P & Z Minutes: September 18, 1991 KIBS227504 Page 2 of 18 r--- VI. PUBLIC HEARINGS A) Case 91-042. Request for rezone of Lot 1, Block 1, Sawmill Subdivision from C--Conservation to B--Business, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. 1667 Monashka Bay Road. DUANE DVORAK indicated 18 public hearing notices were mailed for this case and 2 were returned opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Greg Razo appeared before the Commission and expressed opposition to this request. Tracy Akers appeared before the Commission and expressed opposition to this request. Doug Pengilly appeared before the Commission and expressed opposition to this request. George Rieth appeared before the Commission and expressed support for this request. Cathy Cordry appeared before the Commission and expressed opposition to this request, and read a letter from Dan and Ilva Fox, also opposing this request. Public Hearing Closed. Regular Session Opened. LINDA FREED spoke briefly on the estimated schedule of updating the Comprehensive Plan for this area and resulting code revisions. COMMISSIONER HARTT MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone of Lot 1, Block 1, Sawmill Subdivision from C--Conservation to B-- Business and to adopt the findings contained in the staff report dated September 4, 1991 as "Findings of Fact" for this case. The motion was seconded and FAILED by a roll call vote of 3- 2. COMMISSIONERS BARRETT and ASPGREN voted NO. Findings of fact for this case were postponed until the October, 1991 regular meeting. B) Case 91-043. Request for rezone of U.S. Survey 3630, (located on Woody Island) from C--Conservation to RR1--Rural Residential One in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Generally located on Woody Island (no address assigned). KIBS227505 P & Z Minutes: September 18, 1991 Page 3 of 18 CHAIR HENDEL declared a possible conflict of interest, as he is employed by Brechan Enterprises. The Commission determined, that since there would be no financial gain to Mr. Hendel, there was no conflict of interest. DUANE DVORAK indicated 15 public hearing notices were mailed for this case and 3 were returned opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Roy Madsen appeared before the Commission and expressed opposition to this request. Paul Krauszer, Facilities Director at the Kodiak Baptist Mission, appeared before the Commission and expressed opposition to this request. Pastor Gary Oliver, Community Baptist Church, appeared before the Commission and expressed opposition to this request. Chrisanna Goossen appeared before the Commission and expressed opposition to this request, and read a letter from Darrel and Yule Chaffin, also opposing the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone of U.S. Survey 3630 from C--Conservation to RR1--Rural Residential One; and to adopt the findings contained in the staff report dated September 3, 1991 as "Findings of Fact" for this case. The motion was seconded and FAILED by unanimous roll call vote. Findings of fact for this case were postponed until the October, 1991 regular meeting. C) Case S91-027. Request for preliminary approval of the subdivision of U.S. Survey 3630, creating Lots 1 through 5, U.S. Survey 3630. Generally located on Woody Island (no address assigned). DUANE DVORAK indicated 15 public hearing notices were mailed for this case and the 3 which were returned opposing the rezone, also opposed this subdivision request. Staff originally recommended approval of this request, but since the rezone request had been defeated, the subdivision could not be approved. Regular Session Closed. Public Hearing Opened: KIBS227506 P & Z Minutes: September 18, 1991 Page 4 of 18 Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of U.S. Survey 3630 creating Lots 1 through 5, U.S. Survey 3630, and to adopt the findings contained in the staff report dated September 3, 1991, as "Findings of Fact" for this case. The motion was seconded and FAILED by unanimous roll call vote. Findings of fact for this case were postponed until the October, 1991 regular meeting. D) Case 91-044. Request for an exception in accordance with Section 17.03.060 A (Zoning Compliance) of the Borough Code to permit the fill of a residential lot which exceeds five (5) feet in depth and a slope greater than three (3) horizontal to one (1) vertical. Lot 5, Block 10, Miller Point Alaska Subdivision, First Addition (763 Lilly Drive) DUANE DVORAK indicated 41 public hearing notices were mailed for this case and no written responses were returned, although several calls in opposition to this request had been received in the Community Development Department office. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Cynthia Jackson appeared before the Commission and expressed opposition to this request, and presented the Commission with pictures of the area in question. She asserted that the recent fill was causing all drainage from surrounding lots to flow across her lot. David Ure appeared before the Commission and expressed opposition to this request, due to the change it caused to the driveway accessing his lot. This change moved the driveway out of a recorded access easement. Clare Hiner appeared before the Commission and expressed support for this request. Janice Jo Ure appeared before the Commission and expressed opposition to this request, due to the change it caused to the access easement to her lot. Barbara Williams appeared before the Commission and expressed opposition to this request. Lee Neel appeared before the Commission and expressed support for this request. gIBS22150' P & Z Minutes: September 18, 1991 Page 5 of 18 Mel Stephens appeared before the Commission and expressed opposition to this request, addressing some of the legal implications of the affect the excavation had on the access easement. Nick Szabo appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a request for an exception from Section 17.03.060 A (Zoning Compliance) of the Borough Code to permit the fill of a residential lot which exceeds five (5) feet in depth and a slope greater than three (3) horizontal to one (1) vertical; and to adopt the findings contained in the staff report dated September 3, 1991 as "Findings of Fact" for Case 91-044. The motion died for lack of second. COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on this case until the October, 1991 regular meeting, pending the applicants submittal of an engineered and surveyed grading plan for the lot, addressing drainage (both on -site and off -site), revegetation and proposed landscaping, and the location of the access easement which crosses the lot. The plan should also identify the location of physical improvements to the lot (e.g. buildings). The MOTION was seconded and CARRIED by unanimous roll call vote. E) Case 91-049. Request for rezone of Karluk Subdivision from &-Conservation to R 1 --Single-family Residential and B-- Business and PL--Public Use Land in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Blocks 1 through 6, and Tracts A through G, Karluk Subdivision, Generally located on the south shore of Karluk Lagoon (no address assigned). 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 HARTT MOVED TO RECOMMEND APPROVAL of the rezone Blocks 1 through 6, and Tracts A through G, Karluk Subdivision, from &-Conservation to R1-- Single-family Residential and B--Business and PL--Public Use KIBS227508 P & Z Minutes: September 18, 1991 Page 6 of 18 Land in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code; and to adopt the findings contained in the staff report dated September 3, 1991 as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Karluk Subdivision (all lots, blocks and tracts) from C--Conservation to R1--Single-Family Residential, B--Business and PL--Public Use Land, as appropriate, is necessary and justified because these respective zoning districts permit development that: A. is consistent with the existing uses already established within the subdivision; B. is consistent with the prevailing lot areas and lot widths available in this subdivision; C. will not create any nonconforming land uses in the subdivision; D. will not generate additional traffic in the area beyond what is already expected; E. will encourage new development that is consistent with the adopted land use plan. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan The proposed zoning for Karluk Subdivision is consistent with the 1984 Comprehensive Development Plan for Karluk, with the exception of that proposed for Lot 4, Block 1, which is a commercial lot as established by exception to the zoning code (Case 84-124). The rezone will correct a long established oversight that permitted the creation of this subdivision in the C--Conservation Zoning District where all of the lots are nonconforming due to inadequate lot area and width. The motion was seconded and CARRIED by unanimous roll call vote. F) Case 91-046. Request for an exception from Sections 17.13.020 and/or 17.18.020 (Permitted Uses) of the Borough Code to permit a small scale hunting and fishing lodge operation for no more than eight (8) clients at one time to locate on a residential lot. Lot 3, Block 6, Karluk Subdivision (no address assigned). 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. KIBS227509 P & Z Minutes: September 18, 1991 Page 7 of 18 Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT an exception from Section 17.13.020 and/or 17.18.020 (Permitted Uses) of the Borough Code to permit a small scale hunting and fishing lodge operation for no more than eight (8) clients at one time to locate on Lot 3, Block 6, Karluk Subdivision; subject to the condition of approval contained in the staff report dated September 3, 1991; and to adopt the findings contained in the staff report dated September 3, 1991 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. This exception for the placement of the camp building (mobile home) on the proposed lot is conditioned upon the change of zoning from C--Conservation to RI--Single- Family Residential within one (1) year so that the structure will meet reasonable setback requirements. Otherwise, a variance of the setback requirements for the C--Conservation Zoning District would be required for the camp building installation. 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. Granting the exception will not endanger the publics health, safety or general welfare. The mobile home was originally built to meet the regulations that were in effect at the time the unit was constructed. Therefore, the unit should substantially meet reasonable safety standards, whereas new residential construction in the villages of the Kodiak Island Borough are exempt from building code requirements. The building will not be continuously occupied. It will not unreasonably require services provided by the community in excess of those normally required for a single-family dwelling. Because the applicant will have the unit located next to the owner occupied single-family dwelling, it is expected that extra care will be taken to insure that the camp building does not endanger the health, safety or general welfare of the community. KIBS227510 P & Z Minutes: September 18, 1991 Page 8 of 18 B. Commercial uses are generally held to be inconsistent with the general purposes and intent of both the C--Conservation and R1--Single-Family Residential Zoning Districts. However, many hunting and fishing lodges have been permitted in the C--Conservation zone by the Commission in recent years. Staff notes also that the Comprehensive Development Plan for Karluk specifically addresses the development of small scale hunting and fishing operations in the residential area as a way to encourage economic base development in the community. It is generally accepted that the community will use the residential area as an incubator for small businesses that may or may not meet the requirements of a home occupation until such time as the business requires a storefront location elsewhere in the designated commercial area of the subdivision. C. Due to the fact that the applicant will live on the same lot as the camp building (mobile home), it is expected that every effort will be made to insure that the use does not result in off -site impacts that would affect nearby residents. The camp building will be located on the side of the existing dwelling where it will not be adjacent to any other dwellings. Screening may be required as a condition of approval if the Commission feels it is warranted. The motion was seconded and CARRIED by unanimous roll call vote. G) Case 91-048. Request for rezone of Lot 1, U.S. Survey 5696 from PL--Public Use Land to R 1 --Single-family Residential, and, R-3--Multi Family Residential, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Lot 1, U.S. Survey 5696, generally located between the end of Spruce Cape Road and the end of Woodland Drive (no address assigned). DUANE DVORAK indicated 67 public hearing notices were mailed and 6 were returned opposing this request. Staff recommended approval of this request, subject to conditions. r" Regular Session Closed. Public Hearing Opened: Ginny Shank appeared before the Commission and expressed opposition to this request. Aubrey Bogle, representing Captain Tom Barrett of the U.S. Coast Guard Support Center, appeared before the Commission and expressed concerns about this request. KIBS227511 P & Z Minutes: September 18, 1991 Page 9 of 18 COMMISSIONER BARRETT expressed a possible conflict of interest, as he lives on Lot 3 of Woodland Acres Subdivision, First Addition, three lots away from the proposed rezone and subdivision. After some discussion the Commission agreed there was a conflict and COMMISSIONER BARRETT stepped down for the remainder of this case, as well as the following subdivision request. Tony Drabek, Agent for Natives of Kodiak, appeared before the Commission and expressed support for this request. Gene Erwin appeared before the Commission and expressed opposition to this request. Wade Wallace appeared before the Commission and expressed opposition to this request. Mark Olson appeared before the Commission and expressed support for this request. Bill Barker appeared before the Commission and expressed opposition to this request. Karen Still appeared before the Commission and expressed opposition to this request. r— Ann Barker appeared before the Commission and expressed opposition to this request. COMMISSIONER HODGINS MOVED TO CONTINUE PAST 11:00 p.m. The MOTION was seconded and CARRIED by unanimous voice vote. Ron Munro appeared before the Commission and expressed opposition to this request. I.G. Burgee appeared before the Commission to remind those testifying and the Commission that the rezone request, not the subdivision request, was the case presently being heard. CHAIR HENDEL read a letter from Pat Jacobson, expressing objection to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO RECOMMEND APPROVAL of the rezone Lot 1, U.S. Survey 5696, from PL-- Public Use Land to R1--Single-family Residential and R3-- Multifamily Residential in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code; subject to the condition of approval contained in the staff report dated September 3, 1991, and to adopt the findings contained in the staff report dated September 3, 1991 as "Findings of Fact" for this case. The motion was seconded. After additional discussion, gIBS221512 P & Z Minutes: September 18, 1991 Page 10 of 18 COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on Case 91-048 until the October, 1991 regular meeting, and for the Community Development Department to send public hearing notices to all property owners along Woodland Drive, Spruce Cape Road from Cut-off to the end, and to all of Woodland Acres Subdivision property owners. The MOTION was seconded and CARRIED by unanimous roll call vote, with COMMISSIONER BARRETT abstaining. H) Case S91-033. Request for preliminary approval of the subdivision of Lot 1, U.S. Survey 5696, creating 124 residential lots. Lot 1, U.S. Survey 5696, generally located between the end of Spruce Cape Road and the end of Woodland Drive, DUANE DVORAK indicated 67 public hearing notices were mailed for this case and those returned for the rezone request were generally in opposition to the subdivision request as well. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: CHAIR HENDEL read a letter from Leo Kourmetis opposing this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on Case S91-033 until the October, 1991 regular meeting, pending the decision on the corresponding rezone request, and for the Community Development Department to send public hearing notices to all property owners along Woodland Drive, Spruce Cape Road from Cut-off to the end, and to all of Woodland Acres Subdivision property owners. The motion was seconded and CARRIED by unanimous roll call vote, with COMMISSIONER BARRETT abstaining. I) Case 91-045. Request for Planning and Zoning Commission review, in accordance with Section 18.20.030 A (Review by Planning and Zoning Commission - Assembly Approval) of the Borough Code, of a disposal by easement of Borough land (approximately 11,000 square feet) for less than fair market value, to be used for an above ground electrical line, 550 feet in length (easement width - 20 feet) Lot IA, U.S. Survey 3465, generally located near Island Lake (no address assigned) DUANE DVORAK indicated 46 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: KIBS227513 P & Z Minutes: September 18, 1991 Page 11 of 18 Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO ADOPT Planning and Zoning Commission Resolution 91-01-R in accordance with Sections 18.20.030 and 18.20.100 of the Borough Code, recommending that the Kodiak Island Borough Assembly dispose of a partial interest in Borough land for less than fair market value to the Kodiak Electric Association to provide a twenty (20) foot electrical easement on Lot 1A, U.S. Survey 3465, to allow for the installation of above -ground electrical lines to serve the Island Lake Subdivision, subject to the condition of approval contained in the staff report dated September 9, 1991 and to adopt the finding of fact contained in the staff report dated September 9, 1991, as "Finding of Fact" for this case. CONDITIONS OF APPROVAL 1. Electrical line installation shall be subject to the performance standards contained in Section 17.10.050. 2. The Kodiak Electric Association will plat an as -built survey of the easement granted by the approval of this request. FINDING OF FACT The disposal of Borough land to a non-profit association for a legitimate public purpose (i.e. supplying better electrical service to the Island Lake Subdivision), at less than fair market value, is a valid basis for disposing of the Borough's interest in property. Granting of this easement will not significantly change the use or ownership pattern of the land which is already been established by the Borough. In addition, the installation will parallel existing water and sewer lines and a planned new access route that the Borough will develop in the future. This disposal is consistent with Title 17 (Zoning) of the Borough Code, the 1968 Kodiak Island Borough Comprehensive Plan and the Kodiak Island Borough Coastal Management Program. The motion was seconded and CARRIED by unanimous roll call vote. J) Case 91-047. Planning and Zoning Commission review, in accordance with Sections 18.20.030 A (Review by Planning and Zoning Commission - Assembly Approval) and 18.40.020 B (Negotiated Leases) of the Borough Code of a disposal by lease of Borough land (approximately 400 square feet) for less than fair market value, to be used for the location of a three (3) meter satellite earth station. Portion of Lot 513, U.S. Survey 2538; located near school district loading dock, just off Egan Way (no address assigned). KIBS227514 P & Z Minutes: September 18, 1991 Page 12 of 18 THIS CASE WAS DELETED FROM THE AGENDA AFTER THE REQUEST WAS WITHDRAWN BY THE RESOURCE MANAGEMENT OFFICER K) Case S91-032. Request for preliminary approval of the vacation of Lot 21 (a portion of) and Lot 27, Block 1, Kodiak Townsite Survey, and replat to Lots 21A and 27A, Block 1, Kodiak Townsite Survey. 416 Sargent Drive and 616 Tagura Road. DUANE DVORAK indicated 20 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: Mark Olson appeared before the Commission to ask for clarification on this request. Don Swanson, KEA Representative, appeared before the Commission to answer questions asked in previous testimony and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the vacation of Lot 21 (a portion of) and Lot 27, Block 1, Kodiak Townsite Survey, and replat to Lots 21A and 27A, Block 1, Kodiak Townsite Survey, subject to the condition of approval contained in the staff report dated September 6, 1991 and to adopt the findings contained in the staff report dated September 6, 1991 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Dedicate the "Right -of -Way take" to Tagura Road Right - of -Way on the final 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. K113S221515 P & Z Minutes: September 18, 1991 Page 13 of 18 L) Case S91-031. Request for preliminary approval of the subdivision of Lot 2, Block 3, Miller Point Alaska Subdivision, First Addition, creating Lots 2A and 213, Block 3, Miller Point Alaska Subdivision, First Addition. 3689 Rezanof Drive. DUANE DVORAK indicated 29 public hearing notices were mailed for this case and one (1) was returned stating non - objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: CHAIR HENDEL read a letter from Pat Jacobson stating non - objection to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT preliminary approval of the subdivision of Lot 2, Block 3, Miller Point Alaska Subdivision, First Addition, creating Lots 2A and 213, Block 3, Miller Point Alaska Subdivision, First Addition, and to adopt the findings contained in the staff report dated September 5, 1991, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Show KEA electrical underground easement on proposed Lot 2A, on the final plat. 2. Submit a drainage diversion plan to the Engineering & Facilities Department for review and approval. 3. Provide a new sewer service stubout for the proposed Lot 2A sewer service relocation. 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. M) Case S91-023. Request for reconsideration of conditions 2A and 2B of the preliminary approval of the vacation of six (6) lots creating Lot 1A, Block 6, Miller Point Alaska Subdivision, in accordance with Section 16.90.010.13.2 (Reconsideration) of KIBS227516 P & Z Minutes: September 18, 1991 Page 14 of 18 the Borough Code. 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 and none were returned. Staff recommended approval of this request. r-- Regular Session Closed. Public Hearing Opened: Bud Cassidy, Resource Management Officer, appeared before the Commission and expressed support for this request. Scott Arndt appeared before the Commission and expressed opposition to this request. Nick Szabo appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO GRANT THE PETITION FOR RECONSIDERATION. The motion was seconded and CARRIED by roll call vote of 4- r— 1. COMMISSIONER ASPGREN voted no. COMMISSIONER HODGINS MOVED TO FIND that a mistake was made in the adoption of condition two (2) as outlined in the memorandum accompanying the petition. The motion was seconded and CARRIED by roll call vote of 4- 1. COMMISSIONER ASPGREN voted no. COMMISSIONER BARRETT MOVED TO DELETE condition number two (2). The motion died for lack of a second. COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on condition number two (2) until the October, 1991 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. N) Case 91-050. Planning and Zoning Commission review and approval of the Lakeside Subdivision/Safeway sub -area Land Use Plan. Generally located between Bartel Avenue and Rezanof Drive East, and Beaver Lake and Mill Bay Road. LINDA FREED indicated no (0) public hearing notices were mailed for this case, although it was noticed in the newspaper. Staff recommended postponement of this request. Regular Session Closed. Public Hearing Opened: K1BS227517 P & Z Minutes: September 18, 1991 Page 15 of 18 Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE ACTION on the Lakeside Subdivision/Safeway sub -area plan, and to schedule the plan for an additional public hearing at the October 1991 Planning and Zoning Commission meeting. The motion was seconded and CARRIED by unanimous roll call vote. O) Capital Improvements Program (CIP). Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1993 through Fiscal Year 1997). LINDA FREED indicated no (0) public hearing notices were mailed for this case. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO POSTPONE ACTION on this case pending further review at the next Planning and Zoning Commission worksession due to the late hour. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) 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 (postponed from the August, 1991 regular meeting). COMMISSIONER HARTT MOVED TO ADOPT the findings contained in the staff report dated July 26, 1991, as "Findings of Fact" for Case 91-037. FINDINGS OF FACT Section 17.72.020 states that the Commision shall incorporate the following criteria into their report to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. KIBS227518 P & Z Minutes: September 18, 1991 Page 16 of 18 The rezone of Lots 1, Block 1, Sawmill Subdivision from C--Conservation to I --Industrial is not necessary and justified because the I --Industrial Zoning District permits development that: A. is generally inconsistent with the goals and objectives of the 1985 Monashka Bay Comprehensive Plan; B. is not compatible with the nearby residential development based on public testimony; C. would devalue nearby residential property due to the likelyhood of uses which would result in off -site impacts to residences such as noise, vibration, glare etc. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1985 Monashka Bay Comprehensive Plan shows this area to be designated for B--Business development. The history of this lot is one of limited I --Industrial uses. It would not be appropriate to permit the complete range of permitted industrial uses on this site due to the location nearby of residential development. A rezone to I -- Industrial is not consistent with the goals and objectives of the plan. As indicated by public testimony at a public hearing on this request, I --Industrial uses should be located farther out Monashka Bay Road and away from existing residential areas. The motion was seconded and CARRIED by unanimous voice vote. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER HODGINS MOVED TO RECEIPT of items A through G of communications seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS ACKNOWLEDGE . The motion was COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE RECEIPT of item A, reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report. COMMISSIONER ASPGREN MOVED TO DEFER findings of fact for Public Hearing Cases A, B and C until the October, 1991 regular KIBS227519 P & Z Minutes: September 18, 1991 Page 17 of 18 r— meeting. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER BARRETT stated that he felt no conflict of interest determination should have been declared for him in the Natives of Kodiak rezone and subdivision cases. He stated that he felt he would have made an unbiased decision, and that he stood to receive no financial gain, no matter what decision was made. XIII. ADJOURNMENT CHAIR HENDEL adjourned the meeting at 12:35 a.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Hodlins. Ac#ind-\Chair ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: KIBS227520 P & Z Minutes: September 18, 1991 Page 18 of 18