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1992-08-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -AUGUST 19, 1992 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Vice Chair Jody Hodgins on August 19, 1992 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Tuck Bonney Linda Freed, Director Jerrol Friend Community Development Dept. Robin Heinrichs Duane Dvorak, Associate Planner Jody Hodgins Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Commissioners Absent: William Matzell - excused Jon Aspgren - excused VACANT POSITION A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda: IX COMMUNICATIONS A) Letter dated July 24, 1992 to Tony Perez, from Bob Scholze, RE: Clean-up of Lots 1, 3, and 10, Tona Subdivision. B) Letter dated August 11, 1992 to Brent McCormick, from Bob Scholze, RE: Lot 3, U.S. Survey 5667, Chiniak, Junk Vehicles. COMMISSIONER HEINRICHS 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 HEINRICHS MOVED TO ACCEPT the minutes of the July 15, 1992 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. KIBS227711 P & Z Minutes: August 19, 1992 Page 1 of 17 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Case S89-025. Request for a second one (1) year extension (until August 19, 1993) of preliminary approval of the vacation and replat of Lots 6 - 12, U.S. Survey 3511, creating Lot 6A, U.S. Survey 3511. 217 Benny Benson Drive, Generally known as the East Elementary School Site. COMMISSIONER HEINRICHS MOVED TO GRANT a one (1) year extension of preliminary approval of the vacation of Lots 6, 7, 8, 9, 10, 11, and 12, U.S. Survey 3511, and replat to Lot 6A, U.S. Survey 3511, and to affirm the conditions of approval contained in the staff report dated August 5, 1992, reaffirming the original conditions of 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 92-017. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit the construction of a 40' X 100' aircraft hangar; and A variance from Sections 17.13.040 (Area) and 17.13.050 (Yards) of the Borough Code to permit the hangar to encroach 25' into the required 75' front setback, 25' into the required 50' setback along the south side lot line, 55' into the required 75' rear setback, on a leased lot with 27,635 square feet. Lot 6A, Block 1600, U.S. Survey 2539. (Kodiak State Airport) (postponed from the July, 1992 regular meeting). DUANE DVORAK indicated 19 public hearing notices were mailed for this case and 1 was returned, requesting more information. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT a conditional use permit in accordance with Section 17.13.030A (Conditional Uses) of the Borough Code to permit the construction of a 60' x 100' aircraft hangar on Lease Lot 6, Block 1600, U.S. Survey 2539; and to adopt the findings contained in the staff report dated August 6, 1992, as "Findings of Fact" for this CUP. FINDINGS OF FACT - CONDITIONAL USE PERMIT KIBS227712 P & Z Minutes: August 19, 1992 Page 2 of 17 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area The conditional use will preserve the character and integrity of the surrounding area, which has historically been used for airport related activities since before the advent of the current zoning codes. The proposed aircraft hangar will not impact the surrounding airport land uses. The proposed hangar will increase only slightly, the intensity of use in the vicinity. The proposed hangar will be compatible with the existing airport land uses and activities in the area. Similar CUP's and variances were granted for airport structures on nearby Lots 3, 4, and 5, Block 1600, USS 2539, in Cases 84-013, 92-006 and 84-012 respectively. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question Aside from the variances required (which are addressed later in the staff report), the proposed aircraft hangar will fulfill all other requirements of the C--Conservation zoning district (Chapter 17.13). 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use will not be harmful to the public health, safety, convenience, or comfort. The request does not involve a land use that is significantly different from other existing uses in the area. The agreement between the lessee and the State of Alaska, Department of Transportation specifies that the use of the land for the duration of the lease must be for airport related purposes. Construction of additional airport facilities will be an improvement to the community by providing more capacity to store and maintain small aircraft or provide for other airport related activities. 4. The sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section It appears that sufficient setback, lot area, buffers, or other safeguards are being provided for the proposed aircraft hangar even if the requested variances are granted. These issues will be dealt with to a greater degree in the variance requests which follow. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER FRIEND MOVED TO GRANT a variance from Section 17.13.040 (Area) of the Borough Code to permit a six thousand (6,000) square foot aircraft hangar on a leased lot with 27,635 square feet rather than the five (5) acres minimum KIBS227713 P & Z Minutes: August 19, 1992 Page 3 of 17 lot area required for a lot in the C--Conservation zoning district; and to adopt findings "A," contained in the staff report dated August 6, 1992, as "Findings of Fact" for this variance. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER FRIEND MOVED TO GRANT a variance from Section 17.13.050 (Yards) of the Borough Code to permit a 6,000 square foot aircraft hangar to encroach 25' into the required 75' front setback, 35' into the required 50' setback along the south side lot line, and 30' into the required 75' rear setback and 35' into the required setback along the northeast side lot line, on a leased lot with 27,635 square feet; and to adopt findings "B," contained in the staff report dated August 6, 1992, as "Findings of Fact" for this variance. FINDINGS OF FACT - VARIANCES 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. A. The unique condition applicable to the intended use of development is the size of the lease lots and the need for efficient utilization of land at the Kodiak State Airport. The proposed hangar does not need a five (5) acre parcel. Lease lots at the state airport are intentionally small for this reason. B. The unique conditions applicable to the intended development are the size and dimensions of the lease lot. DOT/PF requires a fifty (50) foot minimum setback from the taxiway. Given the small size, shape and required setback from the taxiway, it is nearly impossible to locate a reasonable size hangar within the remaining setbacks required by the zoning code. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships A. Strict application of the zoning ordinance would require a five acre parcel for any development in the C--Conservation zoning district. This would be a practical difficulty and unnecessary hardship because a larger lot size is not needed for the aircraft hangar. In addition, strict application of the code would not allow for nearly all of the existing airport activities and structures at the state airport. For that reason, the Commission has granted similar variances of this type in the past for uses in this area. (Cases 84-012, 92-006, and 84-013 permitted airport structures on nearby Lots 5, 4 and 3.) KIBS227714 P & Z Minutes: August 19, 1992 Page 4 of 17 B. Strict application of the zoning ordinance would not allow a reasonable structure to be built on this site. This is a practical difficulty and unnecessary hardship because if no variance is granted, the entire lot would be rendered unusable. In addition, the Commission has granted similar variances for airport related uses and structures in this area. (Cases 84-012, 84-013 and 92-006 permitted airport structures on nearby lots 5, 3 and 4.) 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. A. Granting of the variance will not damage or be prejudicial to other properties in the area. In addition, public health, safety, and general welfare will not be compromised. Other properties in this area are used for aircraft hangars and airport related uses. These uses are compatible with and usually found at airports. The proposed new hangar will meet all current building and fire standards as required by the Borough Code. The property is leased from the Alaska. Department of Transportation and Public Facilities. The terms of the airport lease usually covers any potential safety concerns relating to the operation of airport facilities. B. Same as above. 4. The granting of the variance will not be contras t� o the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the comprehensive plan because the airport area is not included in the plan. B. Same as above. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. A. Actions of the applicant have not caused the conditions from which relief is being sought by variance. This variance request will be decided prior to construction of the proposed aircraft hangar. B. Same as above. 6. That the granting of the variance will not permit a prohibited land use in the district involved KIBS227715 P & Z Minutes: August 19, 1992 Page 5 of 17 A. The proposed project will meet this criteria as long as a conditional use permit is granted by the Planning and Zoning Commission, since airports and airport facilities are conditionally permitted in this district. .— B. Same as above. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO DIRECT STAFF to investigate the possible rezone of the Kodiak State Airport area to a more apppropriate zoning district and to schedule it as a New Business Item for the September, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. B) Case 92-019. Request for a rezone, in accordance with Section 17.72.030B (Manner of Initiation) of the Borough Code, of a five (5) acre parcel of land located in Hidden Basin, in Ugak Bay, from C--Conservation to RD--Rural Development. Head of Ugak Bay, South shore of Hidden Basin, on Kodiak Island. DUANE DVORAK indicated 35 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended forwarding this case to the Assembly with a recommendation of approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of a five (5) acre parcel of land (ASLS 77-131) located in Hidden Basin, in Ugak Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated August 10, 1992, as "Findings of Fact" for this case. The motion was seconded. There was some discussion about property ownership in this area, the Rural Development Zoning District in general, and long range plans for development in these outlying areas. COMMISSIONER BONNEY stated that he would like more information on these items before he would feel comfortable making a decision. COMMISSIONER BONNEY MOVED TO POSTPONE ACTION on this case and schedule it for another public hearing at the September 16, 1992 regular meeting. MBS227716 P & Z Minutes: August 19, 1992 Page 6 of 17 The motion was seconded and CARRIED by unanimous voice vote. C) Case S91-038. Planning and Zoning Commission review of the plat for the vacation and replat of Lot 9, Block 33, East Addition, and Lot 7B, Block 1, Kodiak Townsite, creating Lot 9A, Block 33, East Addition. 7141/2 and 716 Mission Road. DUANE DVORAK indicated 31 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 HEINRICHS MOVED TO GRANT preliminary approval of the revised vacation and replat of Lot 9, Block 33, East Addition, and Lot 7B, Block 1, Kodiak Townsite, creating Lot 9A, Block 33, East Addition, subject to the conditions of approval contained in the staff report dated August 6, 1992, and to adopt the findings contained in the staff report dated August 6, 1992, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Show a vacation of the old storm drain easement on the final plat. 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 (15) foot storm drain easement, as requested by the City of Kodiak. 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. 6. Engineered plans and specifications for all construction be submitted for review and approval by the City of Kodiak Public Works. 7. A written commitment from the property owner to: A) construct improvements in accordance with City of Kodiak Standards; KIBS227717 P & Z Minutes: August 19, 1992 Page 7 of 17 B) complete construction within 45 days of plat approval; and C) bear all costs associated with the project. 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 92-020. Request for a rezone, in accordance with Section 17.72.030B (Manner of Initiation) of the Borough Code, of the Olga Bay Cannery Cove -Cannery Complex from C-- Conservation to RD--Rural Development. Generally located along the North shore of Olga Bay. DUANE DVORAK indicated 8 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff had recommended forwarding this request to the assembly with a recommendation of approval. However, since the applicant was not able to be present at this public hearing, he had requested postponement until the September 16, 1992 regular meeting. Staff concurred with this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. LINDA FREED gave a brief explanation of the AKI areas proposed for rezoning and referenced a map posted on the wall, to more accurately show these areas. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of the Cannery Cove -Cannery Complex in Olga Bay from C-- Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated August 10, 1992, as "Findings of Fact" for this case. The motion was seconded. KIBS227718 P & Z Minutes: August 19, 1992 Page 8 of 17 COMMISSIONER BONNEY stated that he would like more information about the Rural Development Zoning District in general, and long range development plans in these outlying areas before he would feel comfortable making a decision on this case. LINDA FREED recommended that the Commission dedicate one of their future worksessions to the subjects raised by COMMISSIONER BONNEY. COMMISSIONER HEINRICHS MOVED TO POSTPONE ACTION on Case 92-020, and to schedule it for another public hearing at the September, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. E) Case 92-021. Request for a rezone, in accordance with Section 17.72.03013 (Manner of Initiation) of the Borough Code, of a five (5) acre parcel on Upper Olga Lake from C-- Conservation to RD--Rural Development. Within Protracted Section 15, T36S, R31W, along the south shore of Upper Olga Lake. DUANE DVORAK indicated 8 public hearing notices were mailed for this case. Staff recommended postponement of this case, at the request of the applicant (AKI). Regular Session Closed. Public Hearing Opened: Jay Bellinger, Kodiak National Wildlife Refuge representative, appeared before the Commission and expressed opposition to this request, due to the possible negative impact on eagles and brown bears on adjacent refuge land in the Upper Olga Lake area. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of a five (5) acre parcel of land located on the south shore of Upper Olga Lake, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated August 10, 1992, as "Findings of Fact" for this case (within Protracted Section 15, T36S, R31W). The motion was seconded. COMMISSIONER HEINRICHS suggested that this case might be postponed as the previous case was, pending a worksession on the topics discussed in that case, and the concerns expressed by Mr. Bellinger. COMMISSIONER HEINRICHS MOVED TO POSTPONE ACTION on Case 92-021 and schedule it for a public hearing at KIBS227719 P & Z Minutes: August 19, 1992 Page 9 of 17 the September, 1992 regular meeting, and sometime prior to that public hearing, discuss at a worksession the impact of the Coastal Management Program on RD--Rural Development rezoning, and the differences between the C--Conservation and RD--Rural Development Zoning Districts relating to what kind of development is allowed. The MOTION was seconded and CARRIED by unanimous voice vote. F) Case S92-024. Request for preliminary approval of the subdivision of Lot 7A, Block 2, Monashka Bay Alaska Subdivision, creating Lots 7A-1 and 7A-2, Block 2, Monashka Bay Alaska Subdivision. 3116 Bay View Drive. DUANE DVORAK indicated 41 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Joe Black appeared before the Commission and expressed opposition to this request. Fred Roberts appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS asked some questions of staff concerning consistency of this request with the Monashka Bay Comprehensive Plan. COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 7A, Block 2, Monashka Bay Alaska Subdivision, creating Lots 7A-1 and 7A-2, Block 2, Monashka Bay Alaska Subdivision; subject to the conditions of approval contained in the staff report dated August 12, 1992, and to adopt the findings contained in the staff report dated August 12, 1992 as "Findings of Fact" for this case. The motion was seconded and FAILED by unanimous roll call vote. The Commission deferred findings of fact on this case until the end of the meeting. G) Case 92-022. Request for a rezone, in accordance with Section 17.72.030B (Manner of Initiation) of the Borough Code of proposed Lot 7A-1, Block 2, Monashka Bay Alaska Subdivision from PL--Public Use Land to RR1--Rural Residential One. 3116 Bay View Drive. ftS227720 P & Z Minutes: August 19, 1992 Page 10 of 17 DUANE DVORAK indicated 41 public hearing notices were mailed and 2 were returned, opposing this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 7A-1, Block 2, Monashka Bay Alaska Subdivision from PL-- Public Use Land to RR1--Rural Residential One in accordance with Section 17.72.030 of the Borough Code. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER BONNEY MOVED TO ADOPT the findings contained in the staff report dated August 7, 1992, as findings of fact for this case. FINDINGS OF FACT 1. Finding's as to the Need and Justification for a Change or Amendment. The rezone of Lot 7A-1, Block 2, Monashka Bay Subdivision from PL--Public Use Land to RR1--Rural Residential One is not necessary and justified because the RR1--Rural Residential One zoning district permits development that: A. is not consistent with the 1985 Monashka Bay Comprehensive Plan. B. is premature for the area given the fact that the area has not been fully developed for residential purposes and is only slowly being developed at the present time. 2. FindinO as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan The 1985 Monashka Bay Comprehensive Plan shows this area to be designated for Public Land. Changing the zoning to a residential classification would not be consistent with the objectives of the comprehensive plan. A rezone to NU --Natural Use would be more appropriate given the fact that the current plan designates this site for park development. KIBS227721 P & Z Minutes: August 19, 1992 Page 11 of 17 This area may be a long way from reaching its ultimate development density due to the possibility of municipal water and sewer in the future. It would therefore be premature to provide additional residential space in this neighborhood when there is still vacant residential land in the vicinity. The motion was seconded and CARRIED by unanimous voice vote. H) Case 92-024. Planning and Zoning Commission review of a land disposal for fair market value, in accordance with KIBC Section 18.20.030 A (Review by the Planning and Zoning Commission) and 18.20.100 B (Disposal for Fair Market Value) of proposed Lot 7A-1, Block 2, Monashka Bay Alaska Subdivision. 3116 Bay View Drive. DUANE DVORAK indicated 41 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended the Commission adopt a resolution recommending denial of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 92-024. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That, the disposal for fair market value of proposed Lot 7A-1, Block 2, Monashka Bay Alaska Subdivision is not recommended by the Planning and Zoning Commission based on the findings below: 1) Disposal is not consistent with the 1985 Monashka Bay Comprehensive Plan. The expectation of the residents in this area is that this lot be retained for public purposes in reliance on the Monashka Bay Comprehensive Plan. 2) The subdivision is not completely developed at the present time, disposal of additional residential land will not serve the public interest by providing needed residential land in the area. 3) The ultimate density of the area has not been determined due to the potential for increased KIBS227722 P & Z Minutes: August 19, 1992 Page 12 of 17 development density should municipal water and sewer become available. The motion was seconded and CARRIED by unanimous roll call vote. .— I) Case 92-025. Planning and Zoning Commission review of the disposal by lease, for less than fair market value, in accordance with KIBC Section 18.20.030A (Review by the Planning and Zoning Commission) and 18.20.10013 (Disposal for Fair Market Value) of Lot 9, U.S. Survey 2539, to the Kodiak Island Sportsman's Association. Generally known as the Salonie Creek rifle range. DUANE DVORAK indicated 14 public hearing notices were mailed for this case and none were returned. Staff recommends adoption of a resolution recommending approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. r-- COMMISSIONER BONNEY MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 92-025. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That, the disposal by lease, to the Kodiak Island Sportsman's Association, for less than fair market value, of Lot 9, U.S. Survey 2539, is hereby recommended for approval by the Kodiak Island Borough Assembly. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding the following phrase to the resolution: ...and that the lease shall provide for free access to publicly owned lands in the upper portions of the valley through the leased tract. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. J) Case 92-023. Request for a rezone, in accordance with Section 17.72.030 B (Manner of Initiation) of the Borough Code P & Z Minutes: August 19, 1992 KIBS227723 Page 13 of 17 of Lot 7A, Block 4, Monashka Bay Alaska Subdivision from PL-- Public Use Land to RR1--Rural Residential One. 2800 Monashka Bay Road. DUANE DVORAK indicated 92 public hearing notices were mailed for this case and 5 were returned, opposing this request. Staff recommended denial of this request, and recommended that the Commission adopt findings of fact in support of that denial. Regular Session Closed. Public Hearing Opened: Bud Cassidy, Borough Resource Management Officer, appeared before the Commission and expressed support for this request. Fred Roberts appeared before the Commission and expressed opposition to this request. Keith Falatko appeared before the Commission and expressed opposition to this request. Al Spalinger appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 7A, Block 4, Monashka Bay Alaska Subdivision from PL--Public Use Land to RR1--Rural Residential One in accordance with Section 17.72.030 of the Borough Code. The motion was seconded and FAILED by a roll call vote of 3- 1. COMMISSIONER BONNEY voted no. COMMISSIONER BONNEY MOVED TO ADOPT the following findings of fact in support of their decision: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 7A, Block 4, Monashka Bay Subdivision from PL--Public Use Land to RR1--Rural Residential One is not necessary and justified because the RR1--Rural Residential One zoning district permits development that: A. is not consistent with the 1985 Monashka Bay Comprehensive Plan. B. is premature for the area given that the area has not been fully developed for residential purposes and is slowly being developed at the present time. 1 KIBS227724 P & Z Minutes: August 19, 1992 Page 14 of 17 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 Public Land. This designation superseded the prior designation for Public Use and Open Space, School Reserve, that was contained in the 1968 Kodiak Island Borough Comprehensive Plan. Changing the zoning to a residential classification would not be consistent with the objectives of the comprehensive plan. A rezone to NU --Natural Use might be more appropriate given the fact that the Borough has concluded that the site has no utility as a possible school site. The original designation of this site as a School Reserve was intended to reserve this site until such time as the Monashka Bay Community was completely developed, when municipal services and public open space would be most needed. This area is still a long way from reaching its ultimate development density due to the possibility of municipal water and sewer in the future. It would therefore be premature to provide additional residential space in this neighborhood when there is still so much vacant residential land in the vicinity. The MOTION was seconded and CARRIED by unanimous roll call vote. K) Proposed deletion of Chapter 17.65 (Exception) of the Borough Code (Postponed from the June, 1992 regular meeting). LINDA FREED indicated no individual public hearing notices were mailed for this case as it is a Borough wide request. Staff recommended that Chapter 17.65 be deleted from the Borough Code (upon advice from the Borough Attorney). FREED reviewed the specific recommendations made in the staff report. Regular Session Closed. Public Hearing Opened: Scott Arndt appeared before the Commission and expressed opposition to the deletion of this chapter from the Borough Code. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly delete Chapter 17.65 Exceptions, and related references, from the Borough Code. In addition, the Commission recommends that a specific appeal reference for decisions made under Section 17.03.090 be added to the Borough Code and that language similar to that of the KIBS227725 P & Z Minutes: August 19, 1992 Page 15 of 17 Borough attorney's be included in any adopting ordinance to deal with previously granted exceptions. The motion was seconded. COMMISSIONER HEINRICHS expressed concern about the possible impacts on property owners who previously had been granted exceptions, and wished to target those property owners specifically before this request goes to the Borough Assembly, to inform them of the proposed changes to the code, and the possible implications to their individual situation. He directed staff to implement a public information program. The MOTION was voted upon and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 92-018. Findings of fact for a determination based on a Planning and Zoning Commission review, in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, determining that a second floor addition to an existing small scale seafood processing plant is NOT similar to permitted uses in a B--Business zone, and is potentially obnoxious and detrimental to the welfare of the community. Lot 18, Block 3, New Kodiak Subdivision. 330 Shelikof Street (postponed from the July, 1992 regular meeting). COMMISSIONER HEINRICHS excused himself due to a previously determined conflict of interest. Due to the fact that there were now only three (3) Commissioners available to vote on findings, no action could be taken. By default, adoption of findings of fact was postponed until the next available meeting. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER BONNEY MOVED TO ACKNOWLEDGE RECEIPT of items A through B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated July 24, 1992 to Tony Perez, from Bob Scholze, RE: Clean-up of Lots 1, 3, and 10, Tona Subdivision. B) Letter dated August 11, 1992 to Brent McCormick, from Bob Scholze, RE: Lot 3, U.S. Survey 5667, Chiniak, Junk Vehicles. There were no further communications. X. REPORTS KIBS227726 P & Z Minutes: August 19, 1992 Page 16 of 17 COMMISSIONER FRIEND 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 Findings of fact for Case S92-024. COMMISSIONER HEINRICHS MOVED TO ADOPT the following findings of fact in support of their decision to deny Case S92-024: 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 not consistent with Section 16.10.010 C of the Borough Code (i.e. the 1985 Monashka Bay Comprehensive Plan). XIII. ADJOURNMENT VICE CHAIR HODGINS adjourned the meeting at 9:35 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: U -- ody H dginsj, ice Chair ATTEST By: �e' Eileen Probasco, Secretary Community Development Department DATE APPROVED: September 30, 1992 KIBS227727 P & Z Minutes: August 19, 1992 Page 17 of 17