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1991-12-18 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER, 1991 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Acting Chair Robin Heinrichs on Wednesday, December 18, 1991 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Others Present: Robin Heinrichs, Acting Chair Linda Freed, Director Jon Aspgren Community Development Dept. Bruce Barrett Duane Dvorak, Associate Planner Wayne Coleman Community Development Dept. Jon Hartt Eileen Probasco, Secretary Community Development Dept. Commissioners Absent: Jody Hodgins - Excused Tom Hendel - Excused A quorum was established. Since both CHAIR HENDEL and VICE CHAIR HODGINS were not present, the Commission appointed Robin Heinrichs as ACTING CHAIR for this meeting. APPROVAL OF AGENDA Staff reported the following changes to the agenda: ADDITIONS: VII OLD BUSINESS A) Case 91-042. Findings of fact for the denial of the 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. (This case was referred to the P&Z Commission by the Kodiak Island Borough Assembly at their regular meeting on December 5, 1991.) IX COMMUNICATIONS A) Letter dated November 27, 1991, to James Wheeler and Rodney Kiefer, RE: Outdoor storage of construction equipment and materials on Lot 313, Crestview Subdivision KIBS227570 P & Z Minutes: December, 1991 Page I of 17 B) Letter dated December 2, 1991, to Carl A. Nelson from Duane Dvorak, RE: Subdivision requirements of the Kodiak Island Borough relating to the acquisition of additional right-of-way for road projects in the Kodiak area. C) Letter dated December 5, 1991, to Brent Arndt and Don Arndt from Bob Scholze, RE: An illegal dwelling on Lot 8, Block 1, Island Lake Subdivision D) Memo dated December 2, 1991, to Jerome Selby from Linda Freed, RE: Information concerning Standard Design Lengths for Cul-de-sacs E) Information on parliamentary procedures from the Clerk's Institute at AML F) Letter dated December 12, 1991, to Robert West from Bob Scholze, RE: Outdoor storage of junk and scrap on Lot 10, U.S. Survey 3103. G) Minutes of Joint Building Code Review Committee meeting held on December 3. 1991. H) Letter dated December 11, 1991, to Lawrence P. Keegan from Leonard Kimball RE: Status of building permits and projects at 3307, 3331, 3351 and 371 Melnitsa Drive. COMMISSIONER COLEMAN MOVED TO ACCEPT the agenda with the changes reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING The Commission agreed that since they just received the November, 1991 minutes, they would postpone approval of the minutes until later in the meeting. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS George Rieth appeared before the Commission and expressed his continued support for Case 91-042, the request to rezone Lot 1, Block 1, Sawmill Subdivision from &-Conservation to B--Business, in spite of the fact that it had been narrowly defeated by the Commission, and was still presently being considered by the Assembly. Dan Ogg appeared before the Commission to express his support for the Commission's decision to deny Case 91-042, the request to rezone Lot 1, Block 1, Sawmill Subdivision from C--Conservation to B--Business. A) Case 90-074. Request for a one year extension (until November 21, 1992) of a previously approved variance from Section 17.19.040.13 (Yards) of the Borough Code to permit the enclosure of an open, outside stairway to a permitted second floor addition on an existing single-family dwelling which encroaches no more than two and one-half (2.5) feet into the KIBS227571 P & Z Minutes: December, 1991 Page 2 of 17 required five (5) foot side yard setback. Lot 23B, Block 19, Kodiak Townsite. (314 Cope Street) COMMISSIONER BARRETT MOVED TO GRANT a one (1) year extension (until November 21, 1992) of a previously approved variance from Section 17.19.040.13 (Yards) of the Borough Code permitting the enclosure of an open, outside stairway to a permitted second floor addition on an existing single-family dwelling which encroaches no more than two and one-half (2.5) feet into the required five (5) foot side yard setback, on Lot 23B, Block 19, Kodiak Townsite; and to confirm the findings of fact contained in the action letter dated November 26, 1990. The motion was seconded and CARRIED by unanimous voice vote. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 91-053. Rezone of Lots 10A-1, 10A-2, and 22 through 28, U.S. Survey 3099 from R 1 --Single-family Residential to B-- Business, and Lots 12, 13, 14, and 29 U.S. Survey 3099 from PL--Public Use Land to I --Industrial, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. (Rescheduled from the November 1991 regular meeting). DUANE DVORAK indicated 56 public hearing notices were mailed for this case and 4 were returned, 1 requesting postponement, and 3 opposing this request. Staff recommended postponement of this request. Regular Session Closed. Public Hearing Opened: Larry Olson appeared before the Commission and expressed opposition to this request, and presented the Commission with 3 additional public hearing notices, also expressing opposition to the request. John Ryan appeared before the Commission and expressed opposition to this request. DUANE DVORAK read the three additional public hearing notices into the record. Public Hearing Closed. Regular Session Opened. COMMISSONER COLEMAN expressed a possible conflict of interest as he is a property owner in the area proposed for rezone. The Commission agreed there was a conflict and COMMISSIONER COLEMAN was excused from further action on this case. KIBS227572 P & Z Minutes: December, 1991 Page 3 of 17 COMMISSIONER HARTT MOVED TO POSTPONE action on Case 91-053, and reschedule for another public hearing at the regular Planning and Zoning Commission meeting to be held January 15, 1992. The motion was seconded. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION to delete Lots 12, 13, 14, and 29 from the proposed rezone. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The AMENDED MOTION was voted upon and FAILED by roll call vote of 2 to 2. COMMISSIONERS BARRETT AND ASPGREN voted no. COMMISSIONER BARRETT MOVED TO REZONE Lots 10A-1, 10A-2, and 22 through 28, U.S. Survey 3099 from R1--Single- family Residential to B--Business, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. The motion was seconded and FAILED by unanimous roll call vote. Findings of fact for this case were deferred until the January, 1992 regular meeting. COMMISSIONER COLEMAN returned to the Assembly Chambers. B) Case 91-060. Appeal, in accordance with Section 17.68.020B (Appeals) of the Borough Code, of an administrative decision ordering the discontinuation of an unlawful use of land (outdoor storage of building materials and construction equipment) within thirty (30) days. The appellant seeks relief in the form of a 150 day extension of the 30 day compliance deadline, until May 6, 1992. Lot 4A, Block 7, Miller Point Alaska Subdivision, First Addition. 3438 Anton Way. DUANE DVORAK indicated 29 public hearing notices were mailed for this case and none were returned. Staff recommended affirmation of the administrative decision and denial of the extension request. Regular Session Closed. Public Hearing Opened: George Rieth appeared before the Commission and expressed support for the extension request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO AFFIRM the administrative decision specifying that the outdoor storage of P & Z Minutes: December, 1991 KIBS227573 Page 4 of 17 construction material and equipment located on Lot 4A, Block 7, Miller Point Alaska Subdivision First Addition, is an unlawful use of land; and to adopt the findings contained in the staff report dated December 3, 1991, as "Findings of Fact" for this appeal. FINDINGS OF FACT - ADMINISTRATIVE DECISION 1. The storage of construction material and equipment on a residential lot is clearly not permitted by, or consistent with, the intent and specific requirements of the RR1-- Rural Residential One Zoning District. 2. Historically, outdoor storage of construction material and equipment can provide habitat for rats and vermin in much the same way that junk, scrap salvage and commercial fishing gear does. This can result in health and safety concerns for surrounding property owners. Outdoor storage of construction material and equipment can also present an attractive nuisance for children. 3. Permitting this type of storage to continue in a residential area will set a precedent that will encourage other property owners to utilize their residential property for industrial purposes. The motion was seconded and CARRIED by unanimous roll call vote. There was some discussion about the amount of time the Commission felt was necessary to remove the construction material, considering the weather at this time of year and condition of the roads. COMMISSIONER ASPGREN MOVED TO REQUIRE the removal of all construction material and equipment from Lot 4A, Block 7, Miller Point Alaska Subdivision First Addition within 180 days of the date of the deadline established by administrative decision (December 7, 1991) and prior to May 6, 1992. The MOTION was seconded and CARRIED by unanimous roll call vote. Findings of fact for this case were deferred until the January, 1992 regular meeting. C) Case 91-061. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit a commercial sport fishing lodge serving a maximum of eight guests, and a variance from section 17.13.050A (Yards) of the Borough Code to permit an encroachment of up to seventy-five (75) feet into the required seventy-five (75) foot front yard setback. U.S. Survey 1889 (generally located in Olga Bay, near Horse Marine Lagoon). KIBS227574 P & Z Minutes: December, 1991 Page 5 of 17 DUANE DVORAK indicated 8 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request. Regular Session Closed. Public Hearing Opened: David Jones, agent for the applicant, appeared before the Commission and expressed support for this request, and requested postponement until the January, 1992 regular meeting, to allow for further public testimony. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO POSTPONE ACTION on Case 91-061 and schedule it for another public hearing at the January, 1992 regular meeting. The motion was seconded and CARRIED by a roll call vote of 4-1. COMMISSIONER BARRETT voted no. D) Case 91-062. Request for rezone of the City of Kodiak's watershed from C--Conservation to W--Watershed in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. (The purpose of this request is to clarify the actual boundaries of the City of Kodiak's watershed). Monashka and Pillar Creek Watersheds. DUANE DVORAK indicated 4 public hearing notices were mailed for this case and none were returned. Staff recommended forwarding this request to the Assembly with a recommendation of approval. Regular Session Closed. Public Hearing Opened: John Sullivan appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Borough Assembly approve a rezone/boundary change affecting the City of Kodiak municipal watersheds, as described �- in the legal description dated December 18, 1991, a tract of land totaling 7,812 acres, by amending the boundary description contained in Ordinance 77-26-0 and Ordinance 84- 35-0, to provide for the rezone of additional tracts to the watersheds from C--Conservation to W--Watershed, and to rezone the tracts no longer required from W--Watershed to C-- Conservation by amending the boundary of the watersheds to return those portions located outside the new watershed boundary to the original C--Conservation Zoning District, and to adopt the findings of fact contained in the staff report dated December 17, 1991 as "Findings of Fact" for this case. KIBS227575 P & Z Minutes: December, 1991 Page 6 of 17 FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone/boundary change of the City of Kodiak municipal watersheds from C--Conservation to W-- Watershed and from W--Watershed to C--Conservation„ as identified in the legal description dated December 18, 1991, a tract of land totaling 7,812 acres, is necessary and justified because; A. the W--Watershed zoning district will protect and regulate the City of Kodiak municipal water supply to insure good water quality is maintained; and B. the W--Watershed zoning district will prohibit all other land uses not compatible with the maintenance of the municipal watershed; and C. the W--Watershed zoning district will be consistent with the local ordinances developed by the City of Kodiak to further protect this community resource; and D. the W--Watershed zoning district will not create any nonconforming land uses; and E. the boundary change will return those lands previously zoned W--Watershed to the C-- Conservation zoning district where the survey of the watershed indicates that the additional areas are unneeded for watershed purposes. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Kodiak Island Borough Comprehensive Plan generally designates this area for watershed use. Maintenance of water quality for the Kodiak community requires that additional measures be taken to insure that this historical watershed is properly regulated. This r" rezone/boundary change will provide an additional basis for watershed protection, in addition to locally developed ordinances implemented as part of the extra -territorial jurisdiction the Assembly granted to the City of Kodiak. The utilization of the surveyed legal description for the municipal watershed will allow for the return of many areas to the C--Conservation zoning district which are now obviously not required for the watershed purposes. The motion was seconded and CARRIED by unanimous roll call vote. KIBS227576 P & Z Minutes: December, 1991 Page 7 of 17 E) Case 91-063. A variance from Section 17.60.020 of the Borough Code to permit the installation of an illuminated sign that is larger than the permitted twenty-five (25) square feet in area, for the purpose of identifying a church. Lots 1 and 2, Block 1, Russell Estates, First Addition. 1109 and 1111 Selief Lane. DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 3 were returned, 1 in favor and 2 opposing this request. Duane clarified the request, stating that the applicant had specified the size of the sign would be 4' x 8'. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: John Smee, agent for the applicant, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a variance — from Section 17.60.020-A.4 and C (Signs) of the Borough Code to permit the installation of an illuminated sign that is larger than the permitted twenty-five (25) square feet in area, for the purpose of identifying a church. The motion died for lack of a second. There was some discussion about the size of sign which could be permitted, the type of lighting used in the sign, (i.e. neon vs. flourescent) and the wattage which should be used. COMMISSIONER BARRETT MOVED TO GRANT a variance from Section 17.60.020-A.4 and C of the Borough Code to permit the installation of a lighted sign that will not exceed thirty-two (32) square feet in area, and 200 watts of illumination, for the purpose of identifying a church in a non- residential zone, on Lots 1 and 2, Block 1, Russell Estates, First Addition, subject to the following conditions of approval; and to; and to adopt the findings 1A, 2A, 3A, 4A, 5A, and 6A, contained in the staff report dated December 4, 1991 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The location of the sign will be reviewed and approved by the City of Kodiak Public Works Department, in writing, a copy of which will be submitted to the Community Development Department. 2. A revised parking plan will be submitted to the Community Development Department. KIBS227577 P & Z Minutes: December, 1991 Page 8 of 17 3. Illumination of the sign will only be permitted between 3:00 PM and 10:00 PM. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to the intended use of this property is largely a perceptual one. Typically, the average property owner assumes that they may have a sign of any size or design. This is especially true of in the case of permitted non-residential uses which provide services to the public, such as churches and professional offices located in residential zoning districts. Other exceptional physical conditions also apply to this property. The church is located on corner lots where a sixty (60) foot right-of-way separates the lot from neighboring residential lots on the street sides. The property is subjected to extensive hours of darkness and periods of reduced visibility during the winter months. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the zoning ordinance would only allow a sign of twenty-five (25) square feet in size, non - illuminated. Considering the winter conditions in Kodiak and the hours of darkness and reduced visibility during the morning and afternoon hours, it would be an unnecessary hardship to limit a permitted non-residential use to twenty-five (25) square feet of nonilluminated signage when similar non-residential uses in zones enjoy a much larger permitted sign area with illumination. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health safety and welfare. The sign is intended to be located near to the street corner, in a location that would not pose an obstruction to traffic. Concerning the size of the sign, if the sign meets the six (6) foot height restriction established by code, then the only question would be how wide the sign may be. A twenty-five (25) square foot sign six (6) feet in height would be four and two -tenths (4.2) feet in width. A forty (40) square foot sign six (6) feet in height would be about six and seven -tenths (6.7) feet in width, a difference of two and one-half (2.5) feet. As long as the sign does not constitute an obstruction to traffic it does not appear the sign area requested would be detrimental to the public's health, safety or welfare. KIBS227578 P & Z Minutes: December, 1991 Page 9 of 17 Aesthetically, the sign proposed will not prejudice other properties in the vicinity. Illuminated signs in non- residential zones are prohibited within three -hundred feet of a residential zone unless shielded from those districts. A condition of approval requiring shielding would insure that the sign will have no adverse impact on nearby properties. The type of sign proposed, which is illuminated by internal florescent tubes, is not likely to cause glare or other negative effects on nearby lots. It seems reasonable to provide a condition of approval setting forth reasonable hours of operation for the illumination of the sign. The sign will most likely be illuminated during the winter months either in the morning, afternoon and early evening. 4. The granting of the variance will not be cont_rasy to the objectives of the Comprehensive Plan. Comprehensive plans generally do not address minor developments such as signs. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the applicant have not caused conditions from which relief is being sought by variance. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Signs are permitted in both residential and nonresidential zoning districts. The MOTION was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND the motion to read as follows: ... a variance from Section 17.60.020-A.4 and C of the Borough Code to permit the installation of a back -lit, flourescent, plastic covered sign that will not exceed thirty-two (32) square feet in area, and 200 watts of illumination, for the purpose of identifying a church on Lots 1 and 2, Block 1, Russell Estates, First Addition. 1109 and 1111 Selief Lane, subject to the following conditions of approval; and to adopt the findings 1A, 2A, 3A, 4A, 5A, and 6A, contained in the staff report dated December 4, 1991 as "Findings of Fact" for this case. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. KIBS227579 P & Z Minutes: December, 1991 Page 10 of 17 The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. F) Case 91-029. Request for an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a thirty (30) bed, fifteen (15) cell jail and police station complex on four (4) lots in an Industrial zone (Postponed from the June 19, 1991 regular meeting). Lots 3, 4, 5, & 6, Block 1, Lakeside Subdivision. 2101 - 2310 Selief Lane. DUANE DVORAK indicated 23 public hearing notices were mailed for this case and one was returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Tom Culbertson appeared before the Commission and expressed support for this request. Wally Johnson, Mayor, City of Kodiak, appeared before the Commission and expressed support for this request. Ellen Cloudy appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit a 15 cell, 30 bed jail and police station complex on Lots 3, 4, 5 & 6, Block 1, Lakeside Subdivision; and to adopt the findings contained in the staff report dated December 9, 1991 as "Findings of Fact" for this case. 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. A fifteen cell - thirty bed jail, as part of an overall police headquarters facility, will not endanger the public's health, safety or general welfare at this location. B. A jail facility is consistent with the 1991 Lakeside Subdivision/Safeway Sub Area Land Use Plan. This is due to the fact that institutional uses are included in the description of the general business area. General business, as noted in the subarea plan is more consistent with this request than the KIBS227580 P & Z Minutes: December, 1991 Page 11 of 17 previous comprehensive plan designation and the existing I --Industrial zoning. C. A jail facility on Lots 3 - 6, Block 1, Lakeside Sub. will not adversely impact other properties or uses in the surrounding area. The motion was seconded and CARRIED by unanimous roll call vote. G) Case 91-012. 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 (Postponed from previous meetings). (2095 thru 2327 Selief Lane, and 443 Von Scheele Way). DUANE DVORAK indicated 18 public hearing notices were mailed and none were returned. Staff recommended approval of the rezone of Lots 4 - 9 and 11 to B--Business, and Lot 10 to NU -Natural Use Land. Regular Session Closed. Public Hearing Opened: Ellen Cloudy appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO POSTPONE ACTION on Case 91-012 until code revisions can be made which will create additional B--Business Zoning District classifications. The motion was seconded and CARRIED by unanimous roll call vote. H) Case 591-036. Request for preliminary approval of the vacation and replat of Lot 10 , Block 1, Kodiak Townsite and Lot 2, KEA Subdivision, U.S. Survey 1995, creating Lot 10A, Kodiak Townsite, and Lot 2A, KEA Subdivision, U.S. Survey 1995, and vacation of a portion of the storm drain easement located on existing Lot 2. 612 Mission Road, and 615 Tagura Road. DUANE DVORAK indicated 27 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. KIBS227581 P & Z Minutes: December, 1991 Page 12 of 17 COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the vacation and replat of Lot 10 , Block 1, Kodiak Townsite and Lot 2, KEA Subdivision, U.S. Survey 1995, creating Lot 10A, Kodiak Townsite, and Lot 2A, KEA Subdivision, U.S. Survey 1995, and vacation of a portion of the storm drain easement located on existing Lot 2; and to adopt the findings contained in the staff report dated December 10, 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: and 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. I) Case S91-037. Request for preliminary approval of the resubdivision of Tract S-5, U.S. Survey 3218, creating Tracts S- 5A and S-513, U.S. Survey 3218. 2675 Mill Bay Road. DUANE DVORAK indicated 24 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: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the resubdivision of Tract S-5, U.S. Survey 3218, creating Tracts S-5A and S-513, U.S. Survey 3218; subject to the conditions of approval contained in the staff report dated December 10, 1991; and to adopt the findings contained in the staff report dated December 10, 1991, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. A copy of the survey calculations will accompany the final plat to insure consistency with previously recorded plats of record and to verify lot closure. 2. Correct the vicinity map on final plat to reflect actual area subject to this subdivision. KIBS227582 P & Z Minutes: December, 1991 Page 13 of 17 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: and 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. J) Case S91-038. Request for preliminary approval of the vacation and replat of Lot 9, Block 33, East Addition, and Lot 713, Block 1, Kodiak Townsite, creating Lot 9A, Block 33, East Addition. 714 1/2 and 716 Mission Road. DUANE DVORAK indicated 38 public hearing notices were mailed and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Anna Lamug appeared before the Commission and asked for clarification on the lot numbers which would be created by the subdivision. She was concerned that there would be two lots with the same number. It was explained that there would be two Lot 9A's in that area, but that they are located in different subdivisions and blocks. William Bacus Jr. appeared before the Commission and expresssed concern for the storm drain easement which was requested by the City of Kodiak. It was explained that the proposed easement was actually smaller than the existing easement. After this clarification, Mr. Bacus expressed support for the vacation and replat. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the vacation and replat of Lot 9, Block 33, East Addition, and Lot 713, Block 1, Kodiak Townsite, creating Lot 9A, Block 33, East Addition; subject to the conditions of approval contained in the staff report dated December 10, 1991; and to adopt the findings contained in the staff report dated December 10, 1991, "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Show a vacation of the old storm drain easement on the final plat. KIBS227583 P & Z Minutes: December, 1991 Page 14 of 17 2. Plat an easement for the driveway serving Lot 7A, thirty (30) feet wide centered on the existing driveway or relocate the driveway entirely to Lot 7A. 3. Plat a fifteen foot storm drain easement, as requested by City of Kodiak. r 4. Show a vacation of the easement for the encroachment of the shop building. 5. Complete legend and show lot corners on final plat, or clearly indicate if the plat was prepared from plat of record information. 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: and 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 91-042. Findings of fact for the denial of the 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. COMMISSIONER ASPGREN MOVED TO ADOPT finding number one (1) as follows, as "Finding of Fact number one" for Case 91-042: 1. Findings as to the Need and Justification for a Change or Amendment. The Planning and Zoning Commission finds that a rezone of Lot 1, Block 1, Sawmill Subdivision from C-- Conservation to B--Business is not necessary and justified because the B--Business Zoning District permits uses that: A. are not consistent the goals and objectives of the 1985 Monashka Bay Comprehensive Plan for the following reasons. i) As evidenced by the public testimony, rezoning this property to B--Business is not compatible with the definition of neighborhood business in the Plan. KIBS227584 P & Z Minutes: December, 1991 Page 15 of 17 ii) Public testimony indicated that the buffer between the proposed B--Business Zoning District and the residential area is not adequate as identified in the Plan. B. are not compatible with the nearby residential development; C. would devalue nearby residential property due to the possibility of uses which would result in off -site impacts to residences such as noise, vibration, glare, traffic, degradation of water quality, etc. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER COLEMAN MOVED TO CONTINUE PAST 11:00 p.m. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER ASPGREN MOVED TO ADOPT finding number two (2) as follows, as "Finding of Fact number two" for Case 91-042: 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. A rezone to B--Business is not consistent with the goals and objectives of the plan. The intent of the plan is to allow only a few of the less intensive land uses otherwise permitted in the existing B--Business Zoning District. Although the history of this lot is one of limited I -- Industrial uses, i.e. sawmill and warehouse uses permitted by conditional use permit and exception, it would not be appropriate to permit the complete range of permitted business uses on this site due to the location of nearby residential development. B--Business and I -- Industrial uses should be located farther out Monashka Bay Road and away from existing residential areas. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER COLEMAN MOVED TO ACKNOWLEDGE RECEIPT of items A through H of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. KIBS227585 P & Z Minutes: December, 1991 Page 16 of 17 f— X. REPORTS COMMISSIONER COLEMAN MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report. B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONERS COLEMAN, HARTT AND BARRETT thanked the staff and fellow Commissioners for their dedication and hard work during their terms on the Commission and wished everyone a happy holiday. XIII. ADJOURNMENT CHAIR HEINRICHS adjourned the meeting at 11:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: 4 .t'Aad ,-) Robin Heinrichs, Acting Chair ATTEST By: (?- � Eileen Probasco, Secretary Community Development Department DATE APPROVED: I I is h D' P & Z Minutes: December, 1991 Page 17 of 17