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1992-02-19 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 19, 1992 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 February 19, 1992 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Tuck Bonney Jerrol Friend Robin Heinrichs Jody Hodgins William Matzell Commissioners Absent: None A quorum was established. ELECTION OF OFFICERS Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Kimberly Kinney, Secretary Community Development Dept. COMMISSIONER HODGINS nominated Tom Hendel as Chair and Jon Aspgren as Vice Chair for the Commission. COMMISSIONER ASPGREN nominated Jody Hodgins as Vice Chair. COMMISSIONER HODGINS respectfully declined. There were no further nominations. The nomination was accepted and approved by unanimous acclamation. APPROVAL OF AGENDA Staff reported the following additions to the agenda: /:l 7 4t0" COMMUNICATIONS A) Letter dated February 11, 1992 to Joel Bolger from Linda Freed, RE: Kodiak Island Borough vs. William Magnuson, Assembly Action. 1�jgS227606 P & Z Minutes: February 19, 1992 Page 1 of 9 B) Notice to Land Owners and Interested Citizens dated February 14, 1992, RE: Urban Islands Comprehensive Plan development schedule. C) Notice to Interested Citizens RE: Development of three (3) new business zoning districts, notice of first meeting. n DELETIONS REPORTS A) Community Development Department Monthly Status Report - January, 1992. CHANGES LINDA FREED stated that Public Hearing Items B & C should be switched, so a decision on Case 92-004 could be reached before the decision was made on the scope of the proposed rezone for Case 92- 003. COMMISSIONER HODGINS 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 COMMISSIONER HODGINS MOVED TO ACCEPT the minutes of the January 15, 1992 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. VI. PUBLIC HEARINGS A) Case 92-002. Request for an exception, per Section 17.03.060 (Zoning Compliance) of the Borough Code to exceed five (5) feet of fill on a lot in a residential zoning district. Lot 7, U.S. Survey 3101, 3573 Spruce Cape Road. DUANE DVORAK indicated 30 public hearing notices were mailed 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 HODGINS MOVED TO GRANT an exception, per Section 17.03.060 (Zoning Compliance) of the Borough Code to exceed five (5) feet of fill on Lot 7, U.S. Survey 3101; KIBS227607 P & Z Minutes: February 19, 1992 Page 2 of 9 and to adopt the findings contained in the staff report dated February 4, 1992 as "Findings of Fact" for Case 92-002. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. The proposed use will not endanger the public's health, safety or general welfare if all grading requirements of the applicable Uniform Building Code are adhered to. The building official is responsible for issuing the grading permit and overseeing the UBC standards. B. Filling a residential lot, provided the applicable requirements of the Uniform Building Code are met, and no other State or Federal regulations are violated, is consistent with the general purposes and intent of Title 17 (Zoning) of the Borough Code. ,Y C. The fill and regrading of Lot 7, U.S. Survey 3101, if it meets the requirements of the applicable Uniform Building Code, will not adversely affect other properties in the neighborhood. The Uniform Building Code establishes setbacks from property lines and finish slope requirements that assure fill activities will not affect neighboring properties. The fill operation will result in a lot that is better suited for residential development in the R2--Two- family Residential zoning district given the finish grade of Sharatin Road, now under construction. The motion was seconded and CARRIED by unanimous roll call vote. C) Case 92-004. Request for an exception from Section 17.13.020 (Permitted Uses), of the Borough Code, to permit a hunting and fishing lodge operation on land located in a conservation zoning district. Between Dog Salmon Creek and Horse Marine Lagoon, generally located on the north side of Olga Bay, on the south end of Kodiak Island. DUANE DVORAK indicated 11 public hearing notices were mailed for this case and 2 were returned, I opposing, and 1 requesting postponement. Staff recommended approval of this request, subject to four (4) conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. KIBS227608 P & Z Minutes: February 19, 1992 Page 3 of 9 Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit a commercial hunting and fishing lodge operation on land located along the shoreline between Dog Salmon Creek and Horse Marine Lagoon; subject to the conditions of approval contained in the staff report dated February 4, 1992; and to adopt the findings contained in the staff report dated February 4, 1992 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This exception will expire January 31, 1997. 2. A minimum five (5) acre tract will be allocated for this use and identified on a survey or site plan to insure that all requirements of RD--Rural Development zoning district are adhered to. 3. The Alaska Department of Environmental Conservation shall approve a suitable septic system for any structural developments base upon plans submitted by the applicant, prior to issuance of zoning compliance. 4. A building permit is required for all commercial developments constructed within the Kodiak Island Borough. 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. It appears that the proposed use will not endanger the public's health, safety, or general welfare. The Olga Bay area is a popular location for hunting and fishing activities. Many people use this area annually. If an Alaska Department of Environmental Conservation approved septic system is utilized, and the requirements of the State Fire Marshall and Borough Building Officials are met, structural development in support of the use should not endanger the public's health, safety, or general welfare. In addition, the dimensional and density requirements of the RD--Rural Development zone are sufficient to insure that the use does not conflict with nearby uses for the duration of this exception. KIBS227609 P & Z Minutes: February 19, 1992 Page 4 of 9 B. The proposed use will be consistent with the general purposes and intent of Title 17 (Zoning) of the Borough Code, and with the description and intent of Section 17.13 (Conservation District). Hunting, fishing and recreational activities are all permitted uses in the Conservation Zoning District. The hunting and fishing operations proposed are commercial hunting, fishing, and recreational activities. C. It does not appear the proposed use will adversely impact other properties or uses in the Olga Bay area. Another similar development in this area has been permitted on a limited basis (Case 91-061) pending review of a rezone investigation to RD-- Rural Development. There have been no documented reports of adverse impacts experienced by other land owners in this area, related to the present level of activity on the site. A land area of at least five (5) acres should provide adequate separation from other properties and uses in the area. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 92-003. Investigation, per Section 17.72.030B (Manner of Initiation) of the Borough Code, of the rezone of a portion of U.S. Survey 1889 from C--Conservation to RD--Rural Development. Generally located in Olga Bay, on the south end of Kodiak Island (Initiated by the Planning and Zoning Commission). DUANE DVORAK indicated 11 public hearing notices were mailed for this case and 4 were returned, 3 opposing, and 1 stating non -objection to this request. Staff recommended postponement of this request, and that the scope of the rezone be expanded to possibly include additional land in the area. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HODGINS MOVED TO POSTPONE action on Case 92-003, an investigation, of the rezone of U.S. Survey 1889 from C--Conservation to RD--Rural Development, until the April 15, 1992 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. yjBS227610 P & Z Minutes: February 19, 1992 _ - Page 5 of 9 COMMISSIONER HODGINS MOVED TO expand the scope of investigation in Case 92-003 to include the site of the commercial hunting and fishing located near Dog Salmon River as permitted by exception in Case 92-004. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS directed staff to investigate the possibility of also including Akhiok-Kaguyak land adjacent to U.S. Survey 1899, in the proposed rezone, and to schedule the revised rezone as a public hearing at the April 15, 1992 regular meeting. A worksession with Akhiok-Kaguyak, Inc. was tentatively scheduled for March 25, 1992. D) Case S92-003. Request for preliminary approval of the vacation of a portion of a public utility easement, per Section 16.60.030 (Required Application) of the Borough Code, and approval of a preliminary plat showing the requested vacation. Tract D-lA, Kadiak Alaska Subdivision, 3077 Rezanof Drive East. DUANE DVORAK indicated 9 public hearing notices were mailed and none were returned. Staff recommended approval of this request, subject to one condition. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the vacation of a portion of twenty (20) foot wide public utility easement located easterly of the twenty (20) foot utility easement centered on the lot line between Tractc CI -A and Tract D1-A, Unit 5, Kadiak Subdivision, U.S. Survey 3469, and preliminary approval of the plat dated January 8, 1992, subject to the condition of approval contained in the staff report dated February 5, 1992; and to adopt the findings contained in the staff report dated February 5, 1992 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. This vacation must be approved by the Kodiak City Council per Section 16.60.060 A (Additional Approval Required) of the Borough Code as follows: 16.60.060 Additional Approval Required A. A decision to grant a vacation in not effective unless approved by the City Council if the vacated KIBS227611 P & Z Minutes: February 19, 1992 Page 6 of 9 area is within a city, or by the Assembly if the vacated area is within the Borough outside a city. The Council or Assembly shall have thirty (30) days from the receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the Council or Assembly shall be considered to have been given to the vacation. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. The vacation of a portion of the utility easement, as indicated on the plat dated January 8, 1992, will not adversely affect the municipality or utility companies in their ability to provide service to the public in this area. The motion was seconded and CARRIED by unanimous roll call vote. E) Proposed revisions to Section 17.60 (Signs) of the Borough Code. DUANE DVORAK indicated no public hearing notices were mailed for this case as it is a proposed code change. Staff recommended the Commission forward the proposed revisions to the Borough Assembly with a recommendation for approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. .— COMMISSIONER HODGINS MOVED TO forward proposed revisions to Chapter 17.60 (Signs) of the Borough Code to the Borough Assembly for further review and action with a recommendation by the Commission for approval. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. KIBS227612 P & Z Minutes: February 19, 1992 Page 7 of 9 VIII. NEW BUSINESS A) Request for the amendment of Chapter 17 (Zoning) of the Borough Code. Specifically, the deletion of provisions in Section 17.03.060 which presently require an exception to be granted by the Planning and Zoning Commission before zoning compliance can be issued for grading projects in residential and conservation zoning districts. Requested by City of Kodiak, Public Works Department. DUANE DVORAK indicated that the City of Kodiak requested this change in order to facilitate the upcoming Mill Bay Road improvement project. This project is expected to generate a lot of fill and it would be convenient if they could disperse of fill on nearby residential lots without having to undergo the delay an exception process will require. Staff has analized this issue from a staff perspective, and if the Commission agrees with the staff, it would be appropriate to forward this request to the Assembly with a recommendation for deletion of Section 17.03.060 A (Zoning Compliance) of the Borough Code. COMMISSIONER MATZELL MOVED TO forward a request to delete Section 17.03.060 A (Zoning Compliance) of the Borough Code, which requires a zoning exception for grading requests in residential zones, to the Borough Assembly for further review and action with a recommendation for deletion. The motion was seconded and CARRIED by unanimous roll call vote. IX. COMMUNICATIONS A) Letter dated February 11, 1992 to Joel Bolger from Linda Freed, RE: Kodiak Island Borough vs. William Magnuson, Assembly Action. B) Notice to Land Owners and Interested Citizens dated February 14, 1992, RE: Urban Islands Comprehensive Plan development schedule. C) Notice to Interested Citizens RE: Development of three (3) new business zoning districts, notice of first meeting. COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of item B of reports. The motion was seconded and CARRIED by unanimous voice vote. B) Community Development Department Plat Activity Report. There were no further reports. KIBS227613 P & Z Minutes: February 19, 1992 Page 8 of 9 r-- XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR HENDEL adjourned the meeting at 8:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: _IAA�AAO Tom Hendel, Chair ATTEST By: Eileen obasco, cr tary CommtYnity Deve pment Department DATE APPROVED: March 18, 1992 KIBS227614 P & Z Minutes: February 19, 1992 Page 9 of