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1992-03-18 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -MARCH 18, 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 March 18, 1992 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Tom Hendel, Chair Jon Aspgren Tuck Bonney Jerrol Friend William Matzell Commissioners Absent: Robin Heinrichs-excused Jody Hodgins-excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Kimberly Kinney, Secretary Community Development Dept. Staff reported the following additions to the agenda: COMMUNICATIONS A) Letter dated February 20, 1992, to Maxie and Sandra Cook, from Bob Scholze, RE: Outdoor storage on Lot 24C, Sublot 3, U.S. Survey 3099. B) Letter dated February 26, 1992, to Tony Perez, from Bob Scholze, RE: Progress on clean-up of Lots 1, 3, and 10, Tona Subdivision. C) Memorandum dated February 27, 1992, to Community Development Department from Engineering/Facilities Department, RE: Recommended revision to Title 17. D) Letter dated March 3, 1992, to William and Carol Bardot, from Bob Scholze, RE: Non -permitted trailer at Space 19 of Cove Trailer Park (Lot 1, Block 6, U.S. Survey 3066AB). E) Pamphlet from Alaska Chapter, American Planning Association, RE: Second Annual Planning Commission Training Seminar, Saturday, April 18, 1992 in Anchorage. KIBS227619 P & Z Minutes: March 18, 1992 Page 1 of 9 F) Letter dated March 13, 1992, to Carol Casey of RCC&B Enterprises, RE: Required parking plan for Lot 1613-1, USS 3098. G) Letter dated March 16, 1992, to Ric Davidge from Duane Dvorak, RE: Possible amendment of the Kodiak Island Borough Code to require the acquisition of water rights prior to issuing final platting or development plan approval for projects that incorporate public water systems as defined by DNR regulations. H) Letter dated March 18, 1992, to Teresa and James Carter, Jr. from Bob Scholze, RE: Duplex in R-1 on Lot 32, Block 6, Aleutian Homes Subdivision. I) Memo to interested persons RE: Planning Commission Training Session to be held at 6:30 p.m. on April 1, 1992, in the Borough Conference room. J) Article from Anchorage Daily News, March, 1992, RE: Subsistence Zoning in the Northwest Arctic Borough. COMMISSIONER ASPGREN MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER FRIEND MOVED TO ACCEPT the minutes of the February 19, 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 A) Case S90-016. Request for a two (2) year extension of the preliminary approval of the subdivision of Lot 5, Block 3, Woodland Acres Subdivision, Second Addition, creating Lots 5A and 513, Block 3, Woodland Acres Subdivision, Second Addition. (4030 Woodland Drive) COMMISSIONER FRIEND MOVED TO GRANT a one (1) year extension of the preliminary approval of the subdivision of Lot 5, Block 3, Woodland Acres Subdivision, Second Addition, creating Lots 5A and 513, Block 3, Woodland Acres Subdivision, Second Addition and to reaffirm the conditions of approval contained in the memorandum dated March 3, 1992, for Case S90-016. CONDITIONS OF APPROVAL 1. Show a ten (10) foot wide electrical easement centered on the existing electrical service line across proposed Lots 5A and 5B. 2. Obtain approval of a narrative drainage plan for this subdivision from the Kodiak Island Borough Engineering KIBS227620 P & Z Minutes: March 18, 1992 Page 2 of 9 and Facilities Department prior to final approval of the plat. 3. Regrade or reconstruct the driveway in the flag stem so that it meets the requirements of Kodiak Island Borough Code Chapter 15.28 prior to final approval of the plat. 4. Remove the accessory building on proposed lot 5B or relocate the accessory building to a legal location on Lot 5A prior to approval of the plat. 5. Place a note on the final plat that delineates the individual responsibilities of Lots 5A and 5B for construction, maintenance, and taxes on the shared driveway and utility access easement. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 590-001. Request for a one (1) year extension of the preliminary approval of the subdivision of Tract E, U.S. Survey 1682 creating Lots 1 through 10, Block 12, and Lots 1 through 27, Block 13, Woodland Acres Subdivision, Eighth Addition. DUANE DVORAK stated that staff had recommended a one (1) year extension in the staff report based on the applicant's original request, and reaffirmation of the five conditions of approval. However, due to the size of the subdivision, staff concurred with the two (2) year extension request as discussed at the packet review work session. COMMISSIONER ASPGREN MOVED TO GRANT a two (2) year extension of the preliminary approval of the subdivision of Tract E, U.S. Survey 1682, creating Lots 1-10, Block 12, Lots 1-27, Block 13, Woodland Acres Subdivision, Eighth Addition, and to reaffirm the conditions of approval contained in the memorandum dated March 3, 1992, for Case S90-001. CONDITIONS OF APPROVAL 1. Place a note on the final plat stating: "The front yard setback for Lots 2, 3, 6, and 7, Block 12; and Lot 15, Block 13, Woodland Acres 8th Addition, will be calculated from the rear lot lines of Lots 1, 4, 5, and 8, Block 12; and Lot 14, Block 13, Woodland Acres Subdivision 8th Addition as applicable." 2. Obtain approval from the Alaska Department of Environmental Conservation for the engineered drawings of the community sewer proposed for this subdivision. 3. The applicant is advised that this property may be under the jurisdiction of the U.S. Army Corps of Engineers. It is recommended that the applicant obtain a wetlands determination for the site from the U.S. Army Corps of Engineers prior to final approval of the subdivision. A KIBS227621 P & Z Minutes: March 18, 1992 Page 3 of 9 narrative drainage plan for the site must be submitted to the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 4. Dedicate a five (5) foot wide utility easement along the frontage of all lots created by this survey. 5. The final plat shall be reviewed by the Planning and Zoning Commission prior to final plat approval. 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 92-005. Request for rezone, in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code, of Tract I-2, U.S. Survey 3218 from RR1--Rural Residential One to B-- Business. (3137 Mill Bay Road) DUANE DVORAK indicated 22 public hearing notices were mailed for this case and none were returned. Staff recommended expanding the scope of the investigation to include neighboring Tract I-1, and that further action be postponed with another public hearing scheduled for the April 15, 1992, regular P&Z meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO POSTPONE action on Case 92-005 until April 15, 1992, in order to expand the scope of the investigation to include Tract I-1, U.S. Survey 3218, and reschedule the case for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. B) Case S92-004. Request for preliminary approval of the vacation of a six (6) foot portion of right-of-way along Hillside Drive, and dedication of a small corner parcel at the intersection of Hillside Drive and Gerasim Avenue. (911 Hillside Drive) DUANE DVORAK indicated 35 public hearing notices were mailed for this case and one was returned, stating non - objection to this request. Staff recommended preliminary approval of the vacation and dedication of the public right-of- way proposed. He also noted that comments were received from the Department of Transportation which stated this area KIBS227622 P & Z Minutes: March 18, 1992 Page 4 of 9 was not on the state road system. Mr. Dvorak explained that the Commission had been given a copy of the City of Kodiak's Resolution 35-90, which granted approval to this action so the condition recommended by staff was unnecessary. Regular Session Closed. Public Hearing Opened: Deloris Isla appeared before the Commission and expressed confusion over the request. Mr. Dvorak explained the action. Public Hearing Closed. Regular Session Opened. COMMISSIONER MATZELL MOVED TO GRANT preliminary approval of the preliminary plat showing the vacation of a six (6) foot portion of right-of-way along Hillside Drive, and dedication of a small corner parcel at the intersection of Hillside Drive and Gerasim Avenue, subject to the condition of approval contained in the staff report dated March 10, 1992, and to adopt the findings contained in the staff report dated March 10, 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 is not effective unless approved by the City Council if the vacated 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 in as much as proposed Lot 1 is a nonconforming lot of record. 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. KIBS227623 P & Z Minutes: March 18, 1992 Page 5 of 9 C) Case S92-005. Request for preliminary approval of the subdivision of Lots 4A and 5A-1, Lakeside Subdivision, Second Addition, creating Lots 1 through 8, Industrial Park Subdivision. (2522 and 2620 Selief Lane) DUANE DVORAK indicated 23 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. The Commission briefly discussed the need for some of the conditions. Staff relayed KEA's explanation of their request (condition #2). Staff also provided history of the original platting of this area as it related to condition #6. The code requirement relating to condition #5 was also briefly discussed. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the subdivision of Lots 4A and 5A-1, Lakeside Subdivision, Second Addition, creating Lots 1 through 8, Industrial Park Subdivision; subject to the conditions of approval contained in the staff report dated March 10, 1992; and to adopt the findings contained in the staff report dated January 6, 1992 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Extend a fifteen (15) foot electrical utility easement along the front lot line of lots fronting along Von Scheele Way. 2. Designate the flag stem accesses for Lots 2, 3, and 6 as an easement for electrical utilities. 3. Clearly designate on the final plat whether proposed flag stems will be used to access more than one lot. 4. Construction of any roads, utilities and driveways within the City limits shall be reviewed and approved by the City of Kodiak Public Works Department. 5. Place a note on final plat as follows: "Access to Lot 7 is limited to Selief Lane" 6. A temporary emergency vehicle turnaround shall be constructed at the end of the portion of Selief Lane constructed to serve this subdivision until such time as the road is completed as originally intended in the Lakeside Subdivision Second Addition (to be approved by the appropriate fire chief). KIBS227624 P & Z Minutes: March 18, 1992 Page 6 of 9 7. A wetlands determination by the U.S. Army Corps of Engineers is recommended for this subdivision prior to development. 8. A drainage plan should be completed by a professional civil engineer for this subdivision indicating the drainage to be developed along Selief Lane as well as indicating any off -site impacts of drainage from the site to where the drainage joins the Island Lake drainage. This plan will be reviewed and approved by the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the subdivision. 9. Plat a twenty foot "greenbelt" for the preservation of natural vegetation along each lot line within a fifty (50) foot radius of the common lot corner between Lot 2 and the Shahafka Acres residential subdivision (Specifically Lot 8-B). 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. D) Case S92-008. Request for preliminary approval of the subdivision of Lot 9, U.S. Survey 3099, creating Lots 9A, 913, 9C & 91), U.S. Survey 3099. 2679 Spruce Cape Road. DUANE DVORAK indicated 28 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: At the request of Scott Arndt, Chair of Service District #1, who was unable to attend the meeting, Ms. Freed informed the Commission that Mr. Arndt felt the two conditions were unnecessary. AMALIA ALONZO appeared before the commission to ask for clarification of the proposed conditions of approval. Public Hearing Closed. Regular Session Opened. KIBS227625 P & Z Minutes: March 18, 1992 Page 7 of 9 COMMISSIONER FRIEND MOVED TO GRANT preliminary approval of the subdivision of Lot 9, U.S. Survey 3099, creating Lots 9A, 913, 9C & 91), U.S. Survey 3099; and to adopt the findings contained in the staff report dated March 10, 1992; 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 There was no old business. VIII. NEW BUSINESS A) Request for Planning and Zoning Commission investigation of alternatives that will reduce or eliminate the unnecessary deterioration and increased operational costs caused by off -road vehicles to Borough parks and lands, by identifying and recommending the implementation of appropriate regulations to control the use of off -road vehicles (Requested by KIB Parks & Recreation Committee, Resolution 92-01). Borough wide, all zoning districts. COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of the Parks and Recreation Committee Resolution 92-01. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HENDEL directed staff to schedule the discussion of this resolution at a future worksession, and to invite the Parks and Recreation Committee to the worksession. IX. COMMUNICATIONS COMMISSIONER BONNEY MOVED TO ACKNOWLEDGE RECEIPT of items A through J of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS 10BS221626 P & Z Minutes: March 18, 1992 Page 8 of 9 COMMISSIONER BONNEY 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, January and February 1992. I B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR HENDEL adjourned the meeting at 8:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: r 7& Tom Hendel, Chair ATTEST By: _ Kimberly nney, Sec 1eiyry Communiv Developm6t:ft Department DATE APPROVED: KIBS227627 P & Z Minutes: March 18, 1992 Page 9 of 9