1992-05-20 Regular MeetingI
II.
IV.
V.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 20, 1992
MINUTES
CALL TO ORDER
The regular meeting of the Planning and Zoning Commission
called to order at 7:35 p.m. by Vice Chair Jon Aspgren
Wednesday, May 20, 1992 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jon Aspgren, Vice Chair
Tuck Bonney
Jerrol Friend
Robin Heinrichs
Jody Hodgins
William Matzell
Commissioners Absent:
Tom Hendel - excused
A quorum was established.
APPROVAL OF AGENDA
Others Present:
was
WIT01
Linda Freed, Director
Community Development Dept.
Duane Dvorak, Associate Planner
Community Development Dept.
Eileen Probasco, Secretary
Community Development Dept.
Staff reported the following additions to the agenda:
IX COMMUNICATIONS
A) Letter dated April 16, 1992, to Jerome Selby, Borough
Mayor, from Jay Bellinger, Refuge Manager, KNWR, RE:
Proposed rezone in Olga Bay.
B) Letter dated April 28, 1992, to Bob Scholze, from Carol
Casey, RCC&B Ent., RE: Parking plan for Mayflower
Contract Services & NC Machinery leased lot.
COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with
the additions reported by staff. The motion was seconded and
CARRIED by unanimous voice vote.
MINUTES OF PREVIOUS MEETING
COMMISSIONER FRIEND MOVED TO ACCEPT the minutes of the
April 15, 1992, Planning and Zoning Commission regular meeting as
presented. The motion was seconded and CARRIED by unanimous
voice vote.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
A) Case S85-016. Seventh (7th) request for a two (2) year
extension of the preliminary plat approval period (to May 15,
1994) of the subdivision of Parcel P, U.S. Survey 3218, and Lot
KIBS227651
P & Z Minutes: May 20, 1992 Page 1 of 14
1, Block 2, Miller Point Alaska Subdivision, First Addition.
Intersection of Island Lake Road and Balika Lane.
COMMISSIONER HEINRICHS MOVED TO GRANT approval of
a seventh (7th) request for a two (2) year extension of the
preliminary plat approval period (to May 15, 1994) of the
Subdivision of Parcel P, U.S. Survey 3218, and Lot 1, Block 2,
Miller Point Alaska Subdivision, First Addition.
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 92-009. Appeal of an administrative decision, in
accordance with Section 17.90.020 (Commencement of Appeal,
Stay) of the Borough Code, requiring the removal of a non -
permitted recreational vehicle located on a space in a non-
conforming mobile home park.
Should the Commission uphold the administrative decision, the
appellant is required to obtain an exception from the provisions
of Chapter 17.26 (Mobile Home Parks) of the Borough Code in
order to permit a recreational vehicle to remain on Space 19, of
the non -conforming mobile home park. Lot 1, Block 6, U.S.
Survey 3066AB (Space 19, Cove Trailer Park).
DUANE DVORAK indicated 13 public hearing notices were
mailed and 2 were returned, 1 in favor and 1 opposing the
exception request. Staff recommended affirmation of the
administrative decision and denial of the exception request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO AFFIRM the
administrative decision dated March 3, 1992, that the
recreational vehicle located on Space #19, Cove Mobile Home
Park, is an unlawful use of land; and to adopt the findings
contained in the staff report dated May 12, 1992, as "Findings
of Fact" for this appeal.
FINDINGS OF FACT - ADMINISTRATIVE DECISION
1. There are no permits or other documentation on file in
the Community Development Department that indicates
the recreational vehicle on Space #19 was ever legally
permitted to locate in its present location in Cove Mobile
Home Park.
2. The recreational vehicle is a fifth -wheel trailer and
although of substantial length (Approx. 25 feet), it clearly
does not meet the definition of a mobile home as set forth
in Section 17.26.005 (Definitions) of the Borough Code.
KIBS227652
P & Z Minutes: May 20, 1992 Page 2 of 14
3. When the pre-existing mobile home was moved from
Space #19, Cove Mobile Home Park, the nonconforming
(grandfather) rights that were uniquely associated with
that structure were extinguished.
4. Placement of the nonpermitted recreational vehicle on
Space #19, Cove Mobile Home Park, did not prevent the
abandonment, after one (1) year, of the right to continue
to use Space #19, even though the total space area is 850
square feet less than the 3,000 square feet space area
requirement of the current code.
5. The existing park plan, provided in 1971, is out of date,
even though it was reviewed and approved by the
Commission at that time. The plan does not indicate the
location of existing mobile homes so that staff can
determine the status of minimal standards under the
current code. The plan was also modified by Plat 72-8,
which effectively changed the design of the park by
eliminating about two-thirds (2/3) of the playground area
approved in the original plan.
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER HEINRICHS MOVED TO GRANT a request
for an exception from Chapter 17.26 (Mobile Home Parks) of
the Borough Code in order to permit a recreational vehicle to
remain on Space 19, of the non -conforming Cove Mobile Home
Park, Lot 1, Block 6, U.S. Survey 3066 A & B and a Portion of
U.S. Survey 2739.
The MOTION was seconded and FAILED by a roll call vote of
5-1, COMMISSIONER MATZELL voted yes.
COMMISSIONER HEINRICHS MOVED TO ADOPT the findings
contained in the staff report dated May 12, 1992, as "Findings
of Fact" for Case 92-009.
FINDINGS OF FACT - EXCEPTION
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A)
endanger the public's health, safety or general welfare,
(B) be inconsistent with the general purposes and intent
of this title and (C) adversely impact other properties or
uses in the neighborhood.
A. Permitting a recreational vehicle to locate on an
existing space in an established mobile home park
for the purpose of long term occupancy will
endanger the public's health, safety and general
welfare. The long term occupancy of such
nonconforming structures poses a danger to the
people occupying the structure because RV's are
not designed for long term occupancy and do not
have adequate electrical, plumbing and fire safety
systems. These systems can not usually be
brought up to a safe standard because there are no
standards established for RV's under the Borough's
regulations. RV's generally do not have adequate
KIBS227653
P & Z Minutes: May 20, 1992 Page 3 of 14
storage space for the type and amount of things
that people normally accumulate in a long term
habitation, such as large quantities of clothes,
tools, food or other essential items. Much of this
type of storage is not accommodated inside RV's,
and, as a result usually ends up outside the
structure or in an accessory building or add -on
structure.
The fact that RV's are not addressed under the
building and fire codes means that these structures
could constitute a greater danger to other
legitimate structures in the vicinity of an RV used
for long term habitation.
B. The Borough Code has distinct definitions of
mobile homes and recreational vehicles. In
addition, Title 17 has specific standards and
criteria established for Mobile Home Parks (Chapter
17.26) and Recreational Vehicle Parks (Chapter
17.53).
While it is the intent of the Mobile Home Park code
to provide for long term habitation in
premanufactured "mobile" home units, the concept
of a recreational vehicle park is intended to provide
for facilities to serve the needs of the traveling
public and to provide a "destination" on Kodiak
Island for tourists and/or transient workers with
recreational vehicles.
Based on the differences between Chapter 17.26
(Mobile Home Parks) and Chapter 17.53
(Recreational Vehicle Parks) in the Borough Code,
it seems clear that RV's are not intended to locate
in Mobile Home Parks. Recreational Vehicle Parks
allow a much higher density of development and
require certain amenities to make up for the
shortcomings of RV's used for dwelling purposes,
such as public laundry and shower facilities.
A request to locate a recreational vehicle on Space
#19 in Cove Trailer Park is not consistent with the
intent of Chapters 17.26 or 17.53.
C. The use of a recreational vehicle for long term
dwelling purposes would have an adverse impact
on surrounding mobile homes. Because RV's are
not addressed by any building or construction
codes, they are of questionable safety to the
occupants of said RV's as well those people who
live around them.
Unhealthy living conditions can occur if adequate
water and sewer facilities are not available, i.e.,
showers, laundry rooms and restrooms for RV
dwellers. Allowing the existing RV on Space #19
will set a precedent that would encourage other
individuals to set up RV's in mobile home parks as
rental units. Based on the Borough Enforcement
KIBS227654
P & Z Minutes: May 20, 1992 Page 4 of 14
Officer investigation it appears that the RV in
question is not owner occupied.
Past experience indicates that residents who own
mobile homes and land owners adjacent to Mobile
Home Parks where RV's have been located
temporarily have expressed concerns about a
reduction of property values associated with their
mobile homes if this practice is permitted to
continue.
The motion was seconded and CARRIED by unanimous roll
call vote.
B) Case 92-010. Conditional Use Permit in accordance with
Section 17.21.030 (Conditional Uses) of the Borough Code to
permit a 40' X 165' warehouse on a tract located in the B--
Business Zoning District, and
Review and approval by the Planning and Zoning Commission
of a suitable screening plan in accordance with Section
17.21.050 (Performance Standard) of the Borough Code. Tract
Cl-A, Woodland Acres Subdivision, 7th Addition.
DUANE DVORAK indicated 33 public hearing notices were
mailed for this case and 4 were returned, all opposing this
request. Staff recommended postponement of this case at the
request of the applicant, so the applicant could revise the
request.
Regular Session Closed.
Public Hearing Opened:
Michael Anderson, applicant, appeared before the Commission
and expressed support for postponement, to allow for revisions
to the request, and to answer any questions from the
Commission.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER FRIEND MOVED TO POSTPONE ACTION
on Case 92-010, and schedule it for another public hearing at
the July, 1992, regular meeting.
The motion was seconded and CARRIED by unanimous roll
call vote.
C) Case S92-003. Request for preliminary approval of a revised
request for the vacation of a public utility easement in
accordance with Section 16.60.030 (Required Application) of
the Borough Code, and preliminary approval of the vacation of
Tracts D1-A and Cl-A, creating Tract C-IA-1, Kadiak Alaska
Subdivision. 3077 Rezanof Drive East.
DUANE DVORAK indicated 11 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:
KIBS227655
P & Z Minutes: May 20, 1992 Page 5 of 14
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
.— COMMISSIONER HODGINS MOVED TO GRANT preliminary
approval of the plat dated April 3, 1992, showing the vacation
of a public utility easement in accordance with Section
16.60.030 (Required Application) of the Borough Code, and also
showing the vacation of Tracts DI -A and CI -A, creating Tract
C-lA-1, Kadiak Alaska Subdivision; subject to the condition of
approval contained in the staff report dated May 12, 1992; and
to adopt the findings contained in the staff report dated May
12, 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.
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 platted utility easement, as indicated
on the plat dated April 3, 1992, will not adversely affect
the municipality or utility companies in their ability to
provide services to the public in this area.
The motion was seconded and CARRIED by unanimous roll
call vote.
D) Case S92-012. Request for preliminary approval of the
vacation and replat of Lots 1, 2, and 3, Estelle Subdivision, and
KIBS227656
P & Z Minutes: May 20, 1992 Page 6 of 14
Lots 2 and 3, Southeast Addition, creating Lots IA and 3A,
Estelle Subdivision. 1216 and 1218 Mission Road.
DUANE DVORAK indicated 50 public hearing notices were
mailed for this case and none were returned. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Jack McFarland appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HODGINS MOVED TO GRANT preliminary
approval of the vacation and replat of Lots 1, 2, and 3, Estelle
Subdivision, and Lots 2 and 3, Southeast Addition, creating
Lots lA and 3A, Estelle Subdivision; and to adopt the findings
contained in the staff report dated May 12, 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.
E) Case S92-013. Request for preliminary approval of the
vacation and replat of Lots IA and 2A, Tract A, U.S. Survey
3465, creating Lots 1A-1, IA-2, IA-3, and IA-4, Tract A, U.S.
Survey 3465.
DUANE DVORAK indicated 48 public hearing notices were
mailed for this case and 2 were returned, 1 in favor and 1
opposing this request. Staff recommended approval of this
request, subject to conditions.
Regular Session Closed.
Public Hearing Opened:
Chuck Winegarden appeared before the Commission to request
platted access to his unaccessible lot on Dark Lake as part of
this plat, and expressed support for this request.
Scott Arndt, Service District 1 representative, appeared before
the Commission to express his desire for a wider than 30'
access easement for the private lots to be accessed by this
subdivision, and to request preparation of a drainage plan for
the proposed subdivision.
Public Hearing Closed.
KIBS227657
P & Z Minutes: May 20, 1992 Page 7 of 14
Regular Session Opened.
COMMISSIONER HEINRICHS asked if there was an Elks
representative present, to answer some questions he had.
Ed Coe, Elks representative, appeared before the Commission
to answer questions, and spoke of the Elks' desire to keep
utilities in the subdivision underground.
COMMISSIONER HEINRICHS MOVED TO GRANT preliminary
approval of the vacation and replat of Lots lA and 2A, Tract A,
U.S. Survey 3465, creating Lots IA -I, IA-2, 1A-3, and IA-4,
Tract A, U.S. Survey 3465; subject to the following conditions
of approval, and to adopt the findings contained in the staff
report dated May 12, 1992, as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Plat a ten (10) foot electrical utility easement along the
frontage of Lots 1A-1 and 1A-4 for the electrical lines and
poles parallel to Island Lake Road.
2. Plat a ten (10) foot electrical easement on both sides of
the pole and anchor on proposed Lot 1A-4.
3. Plat a ten (10) foot electrical utility easement on both
sides of the electrical lines and pole located in the
northwest corner of Lot IA-3, which serve lots in U.S.
Survey 3104.
r-
4. Correct spelling of Ar(c)tic Tern Street, if shown on the
final plat.
5. Plat an easement thirty (30) feet in width to
accommodate the telephone, water and sewer utilities
crossing Lot 1A-4.
6. Plat an easement thirty (30) feet in width to
accommodate the water and sewer utilities crossing Lot
1A-3, which serve lots in U.S. Survey 3104.
7. Plat a minimum fifty (50) foot access easement extension
from the end of the platted R.O.W. to provide access to
lots on Dark Lake
8. Designate, on the plat, Lots 1A-1 and IA-4 for parks and
recreational purposes.
9. The final plat is subject to Commission review of the
location of easements, and a drainage plan.
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.
KIBS227658
P & Z Minutes: May 20, 1992 Page 8 of 14
The motion was seconded and CARRIED by unanimous roll
call vote.
F) Case 92-011. Disposal for less than fair market value, in
accordance with Sections 18.20.030 (Review by Planning and
Zoning Commission) and Section 18.20.10013 (Disposal for fair
market value) of the Borough Code of proposed Lot IA-2, Tract
A, U.S. Survey 3465, comprising approximately 3.35 acres of
land in the PL--Public Use Land Zoning District.
DUANE DVORAK indicated 48 public hearing notices were
mailed for this case and 2 were returned, 1 in favor and 1
opposing this request. 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 HODGINS MOVED TO ADOPT the following
resolution containing a recommendation to the Borough
Assembly regarding the land disposal reviewed by the
Commission in regard to Case 92-011.
Now Therefore, be it resolved by the Kodiak Island Borough
Planning and Zoning Commission,
That, the disposal for less than fair market value of Lot IA-2,
of Tract A, U.S. Survey 3465, for development of a youth
camp by a non-profit organization is hereby recommended for
approval by the Kodiak Island Borough Assembly, subject to
the following conditions of approval:
1. The existing dirt road will be retained for public
pedestrian and bike riding access.
2. A restriction will be placed on the deed specifying that
the land disposed shall only be used for scouting and
youth purposes.
3. A restriction will be placed on the deed that, should the
property no longer be utilized for its intended purposes,
the title will revert to the Borough.
4. A restriction will be placed on the deed limiting the
removal of trees, brush and other vegetation on the
site. Only vegetation that is diseased, threatening to
damage a main structure, or must be removed to
increase security of the site, or to provide trail access to
the lake may be removed.
The motion was seconded and CARRIED by unanimous roll
call vote.
G) Case S92-014. Request for preliminary approval of the
dedication of a portion of Lot 3, Block 14, New Kodiak
Subdivision for right-of-way purposes, creating Lot 3A, Block
14, New Kodiak Subdivision. 101 Center Avenue.
KIBS227659
P & Z Minutes: May 20, 1992 Page 9 of 14
DUANE DVORAK indicated 35 public hearing notices were
mailed and none were returned. Staff indicated that the
applicant had submitted a request that the case be postponed
until the June 17, 1992, regular meeting, and that Staff
concurred with this request.
Regular Session Closed.
Public Hearing Opened:
Manuel Lopez, representative of the Alaska Department of
Transportation, appeared before the Commission to answer
questions and stated that the Department needed to obtain
further information on this request before proceeding.
Jack Mann, owner of the lot in question, appeared before the
Commission and expressed opposition to this request. He
stated that he had not been notified of the plan prior to his
receipt of the public hearing notice, and he felt there had not
been enough public notice in general on the proposed plans for
realigning the "Y" intersection.
Wally Johnson, speaking as Mayor of the City of Kodiak,
appeared before the Commission and expressed opposition to
this request, and stated that since he has been mayor, there
have been no public meetings on the realignment plan, and
that the City of Kodiak opposed the possibility of any proposed
one-way streets. Speaking as a property owner, Mr. Johnson
opposed the proposed right-of-way dedication and the
possibility of one-way streets in Kodiak.
Garry Ervin, owner of Kodiak McDonalds, appeared before the
Commission and expressed opposition to this request and felt
there should be more public input on the realignment plan.
Jack McFarland, representing the Kodiak Island Borough
Assembly, appeared before the Commission and stated that he
remembers a scoping meeting that was held locally last
summer, but felt not enough direct input from the property
owners most immediately affected had been sought by the
State. He spoke in favor of postponement.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO POSTPONE
ACTION on case S92-014 until the June 17, 1992, regular
meeting, and to schedule it for another public hearing at that
time.
The motion was seconded.
There was some discussion about postponement vs.
disapproval of this request, with COMMISSIONERS HODGINS
and BONNEY questioning whether the proper public
notification channels had been followed. They felt the request
should be denied.
COMMISSIONER BONNEY MOVED TO AMEND THE MAIN
MOTION to grant preliminary approval of the dedication of a
portion of Lot 3, Block 14, New Kodiak Subdivision for right-of-
way purposes, creating Lot 3A, Block 14, New Kodiak
MBS227660
P & Z Minutes: May 20, 1992 Page 10 of 14
Subdivision; subject to the conditions of approval contained in
the staff report dated May 12, 1992, and to adopt the findings
contained in the staff report dated May 12, 1992, as "Findings
of Fact" for this case.
The AMENDMENT was seconded and FAILED by a roll call
vote of 2-4 with COMMISSIONERS ASPGREN, FRIEND,
'— HEINRICHS and MATZELL voting NO.
The question was called and the MAIN MOTION CARRIED by
unanimous roll call vote.
VII. OLD BUSINESS
A) Case 92-003. Findings of fact in support of the
recommendation to rezone U.S. Survey 1889 and a twenty (20)
acre tract of land generally located between Dog Salmon Creek
and Horse Marine Lagoon from C--Conservation to RD--Rural
Development (deferred from the April, 1992, regular meeting).
COMMISSIONER HODGINS MOVED TO ADOPT the findings
contained in the staff report dated May 5, 1992, as "Findings of
Fact" for Case 92-003.
FINDINGS OF FACT - U.S. SURVEY 1889
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.
This investigation to rezone land from C--Conservation to
RD--Rural Development was initiated by the Kodiak
Island Borough Planning and Zoning Commission as a
direct result of the Exception (Case 91-061) that was
granted on January 15, 1992. The land owner requested
the exception to legitimize a commercial sport fishing
operation on U.S. Survey 1889, and to permit the
development of new and improved facilities in support of
that use. Staff recommended that a rezone was more
appropriate, if the Commission felt that the use was an
appropriate one for this location. The Commission
wanted to grant immediate relief, therefore, staff
recommended that a temporary exception be granted (of
five [5) years duration) and that the Commission initiate
a rezone to the appropriate zoning district for this type of
activity.
A rezone from C--Conservation to RD--Rural Development
is needed and justified because the RD--Rural
Development zoning district permits development that:
A. is consistent with the traditional commercial
development of remote upland areas around
Kodiak Island;
B. will not create any nonconforming uses;
C. will make conforming those pre-existing
commercial sport fishing operations, presently
permitted by a temporary exception;
KIBS227661
P & Z Minutes: May 20, 1992 Page 11 o1 14
D. will allow for the orderly development of new or
improved facilities in support of the pre-existing
commercial sport fishing operation.
2. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan.
The 1968 Comprehensive Plan does not address this
area. The coastal area of Kodiak Island has traditionally
been used for commercial purposes over the years,
particularly those areas which have high fish and wildlife
values. Much of the commercial activity has been
directly related to fish and wildlife resources. A good
shoreline location is especially important in terms of
access by boat or airplane, as is a good source of fresh
water and a safe anchorage. Where the RD--Rural
Development Zoning District is implemented, land
owners will be permitted to develop commercial uses
consistent with traditional coastal commercial
developments of the past, subject to the reasonable
standards established for this zoning district.
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.
This investigation to rezone land from C--Conservation to
RD--Rural Development was initiated by the Kodiak
Island Borough Planning and Zoning Commission as a
direct result of the Exception (Case 92-004) that was
granted on February 19, 1992. The land owner
requested the exception to legitimize a commercial
hunting operation on unsurveyed lands owned by
Akhiok-Kaguyak, Inc. Staff recommended that a rezone
was more appropriate, if the Commission felt that the use
was an appropriate one for this location. The
Commission wanted to grant immediate relief, therefore,
staff recommended that a temporary exception be
granted (of five [5] years duration) and that the
Commission initiate a rezone to the appropriate zoning
district for this type of activity.
A rezone from C--Conservation to RD--Rural Development
is needed and justified because the RD--Rural
Development zoning district permits development that:
A. is consistent with the traditional commercial
development of remote upland areas around
Kodiak Island;
B. will not create any nonconforming uses;
C. will make conforming those commercial sport
hunting and fishing operations presently permitted
by a temporary exception;
KIBS227662
P & Z Minutes: May 20, 1992 Page 12 of 14
D. will allow for the orderly development of new or
improved facilities in support of the pre-existing
commercial hunting operations.
2. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan.
,— The 1968 Comprehensive Plan does not address this
area. The coastal area of Kodiak Island has traditionally
been used for commercial purposes over the years,
particularly those areas which have high fish and wildlife
values. Much of the commercial activity has been
directly related to fish and wildlife resources. A good
shoreline location is especially important in terms of
access by boat or airplane, as is a good source of fresh
water and a safe anchorage. Where the RD--Rural
Development Zoning District is implemented, land
owners will be permitted to develop commercial uses
consistent with traditional coastal commercial
developments of the past, subject to the reasonable
standards established for this zoning district.
The motion was seconded and CARRIED by unanimous roll
call vote.
There was no further old business.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER HODGINS MOVED TO ACKNOWLEDGE
RECEIPT of items A through B of communications. The motion was
seconded and CARRIED by unanimous voice vote.
There were no further communications.
X. REPORTS
COMMISSIONER HODGINS 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
XIII. ADJOURNMENT
VICE CHAIR ASPGREN adjourned the meeting at 10:00 p.m.
KIBS227663
P & Z Minutes: May 20, 1992 Page 13 of 14
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Jon Aspg e1 , Vices e C a
ATTEST
By:
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: June 17, 1992
KIBS227664
P & Z Minutes: May 20, 1992 Page 14 of 14