1992-12-16 Regular MeetingI.
II.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - DECEMBER 16, 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 Jon Aspgren on December 16,
1992 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jon Aspgren, Chair
Tuck Bonney
Jerrol Friend
Robin Heinrichs
Jody Hodgins
Clay Koplin
Commissioners Absent:
One position vacant
A quorum was established.
APPROVAL OF AGENDA
Others Present:
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 November 24, 1992, to Alaskans from
Malcolm R. 'Bob" Dick, Jr., State Forester RE: Update
on Forest Resources and Practices Regulations Process.
B) Memorandum dated November 12, 1992 to KIB Assembly
and Mayor, from Community Development Department
RE: Compliance with zoning and building regulations in
the Chiniak area.
C) Letter dated December 2, 1992 to Fields Revocable Trust,
from Bob Scholze, RE: Clean-up of Tract K, Russian
Creek Subdivision.
D) Letter dated December 10, 1992 to Linda Freed from
Elizabeth Bensen, Alaska APA Past President, RE:
upcoming commission training in spring of 1993.
COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with
the additions reported by staff. The motion was seconded and
CARRIED by unanimous voice vote.
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IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER HEINRICHS noted a correction to be made on page
8 of the drafft November 18, 1992 Planning and Zoning Commission
minutes, concerning proposed condition of approval #1 for Case S92-
029.
COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of
the November 18, 1992 Planning and Zoning Commission regular
meeting as corrected. The motion was seconded and CARRIED by
unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
A) Review of automobile spray painting as a similar use to a
permitted automobile repair garage in the B--Business Zoning
District when the painting is clearly subsidiary and incidental
to the principle permitted use of automobile repair; and
establishing guidelines to determine when such painting is
subsidiary and incidental to the principle use; and
Review of a screening plan for a proposed automobile repair
garage (with paint booth) on a portion of proposed Tract 132-2,
U.S. Survey 3218.
COMMISSIONER HEINRICHS MOVED TO APPROVE
automobile spray painting as a similar use to a permitted
automobile repair garage in the B--Business Zoning District
when the painting is clearly subsidiary and incidental to the
principle permitted use of automobile repair; and establishing
guidelines contained in the staff memorandum dated
November 23, 1992, to help staff determine when auto painting
is subsidiary and incidental to the principle use.
1. Automobile repair garages that provide painting services
as part of the repair process will be limited to one (1)
spray painting booth no larger than 400 square feet in
area (measured inside the booth).
2. Spray painting booths located in permitted auto repair
garages will be limited to painting vehicles and vehicle
parts only, in accordance with industry standards. No
conversion of the spray booth for production painting of
items unrelated to the automobile repair garage use will
be permitted.
3. These guidelines will apply to all existing and future auto
repair garage operations established in the B--Business
zoning district unless further reviewed and clarified by
the Planning and Zoning Commission
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER HODGINS MOVED TO APPROVE screening
for proposed Tract 132-2, U.S. Survey 3218, as shown on the
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(0^ I'll,
plan dated November 25, 1992, subject to a condition of
approval contained in the staff report dated December 3, 1992
CONDITION OF APPROVAL
1. Sight obscuring panels will be inserted into the proposed
r-
chain link fence to provide a minimum of 50% sight
obscuring screening.
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 92-034. Request for a rezone, in accordance with
Section 17.72.030C (Manner of Initiation) of the Borough Code,
of Tract B-2, Tract C, and Tract R-IC-1, U.S. Survey 3218,
from B--Business to LI--Light Industrial and Tract K, U.S.
Survey 3218, from RR1--Rural Residential One to B--Business
(postponed and expanded by the Planning and Zoning
Commission from the November 18, 1992 regular
meeting).
DUANE DVORAK indicated 64 public hearing notices were
mailed and 2 were returned, opposing this request. Staff
recommended Tract B-2, Tract C, and Tract R-lC-1, U.S.
Survey 3218, be rezoned from B--Business to LI--Light
Industrial and Tract K, U.S. Survey 3218 be rezoned from RR1-
-Rural Residential One to R-3--Multi Family Residential.
Regular Session Closed.
Public Hearing Opened:
Murvin Underwood, agent, appeared before the Commission
and withdrew his rezone request.
Charles Simpler, owner of Tract K, appeared before the
Commission and expressed opposition to the rezoning of his
lot.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND that
the Kodiak Island Borough Assembly approve the rezone of
Tracts B-2, C and R-lC-1, U.S. Survey 3218, from B--Business
to LI--Light Industrial and Tract K, U.S. Survey 3218, from
RR1--Rural Residential One to R3--Multifamily Residential, and
to adopt the findings contained in the staff report dated
December 7, 1992 as "Findings of Fact" for this case.
The motion was seconded and FAILED by unanimous roll call
vote.
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B) Case 92-036. Planning and Zoning Commission request for a
rezone, in accordance with Section 17.72.030B (Manner of
Initiation) of the Borough Code, of the Kodiak State Airport
Complex, as shown on the Kodiak Airport Property Plan dated
October 12, 1970, from C--Conservation to LI--Light Industrial,
with the exception of lease Lots 1 and 2, Block 1400 (Buksin
River Inn), and Lots 2 and 3B, Block 1200 (all located within
Mark -Air terminal), U.S. Survey 2539. Generally located
between the Buskin River and the U.S. Coast Guard Base
(postponed and revised from the November 18, 1992
regular meeting).
DUANE DVORAK indicated 38 public hearing notices were
mailed for this case and none were returned, and that a phone
call was received from a representative of the U.S. Coast Guard
stating non -objection to the rezone request. Staff
recommended forwarding this request to the Borough
Assembly, recommending approval, and that a Conditional Use
Permit be initiated following final approval, to legitimize all
existing airport operations.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HODGINS MOVED TO RECOMMEND that
the Kodiak Island Borough Assembly approve the rezone of the
Kodiak State Airport Complex, as shown on the Kodiak Airport
Property Plan dated October 12, 1970, from C--Conservation to
LI--Light Industrial, with the exception of lease Lots 1 & 2,
Block 1400 (Buskin River Inn), to be rezoned from C--
Conservation to B--Business, all located in a portion of U.S.
Survey 2539, and to adopt the findings in the staff report dated
November 30, 1992 as findings of fact for this case.
A. Findings as to the need and justification for a change or
amendment.
The proposed zoning changes to B--Business and LI--
Light Industrial will be appropriate for the land and the
existing land uses at the airport. The rezone will bring
those areas into conformance with Borough Code and
permit new development that is compatible with existing
airport uses. The rezone will not create any
nonconforming lots, and will have no adverse impacts on
leases and sub -leases of airport property and/or facilities.
The rezone will also eliminate unnecessary time delays
and Planning and Zoning Commission review of new
development at the airport.
B. Findings as to the effect a change or amendment would
have on the objectives of the Comprehensive Plan
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The proposed B--Business and LI--Light Industrial zoning
districts will have no effect on the objectives of the
Comprehensive Plan because the Plan does not cover the
rezone area.
The motion was seconded and CARRIED by unanimous roll
call vote.
COMMISSIONER HODGINS MOVED TO INITIATE a
Conditional Use Permit review for the Kodiak State Airport
Complex, in accordance with Chapter 17.67 (Conditional Use
Permits) of the Borough Code, to be scheduled for a public
hearing on the next regular Planning and Zoning Commission
meeting agenda after the rezone to LI--Light Industrial has
been approved by the Borough Assembly.
The MOTION was seconded and CARRIED by unanimous roll
call vote.
C) Case 92-038. Request for a rezone, in accordance with
Section 17.72.030C (Manner of Initiation) of the Borough Code,
of Lot 18, Block 3, New Kodiak Subdivision, from B--Business
to LI--Light Industrial. 330 Shelikof Street.
DUANE DVORAK indicated 51 public hearing notices were
mailed for this case and 4 were returned in favor of the request.
.— Staff recommended the Commission expand the proposed
rezone area to include Lots 10 - 22, Block 3, New Kodiak
Subdivision, and Lots 19A, 20A, and 20B, Block 18, Kodiak
Townsite, and postpone action on this request until the
January 20, 1993 regular meeting.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER FRIEND MOVED TO EXPAND the rezone
investigation of Lot 18, Block 3, New Kodiak Subdivision, to
include Lots 10 through 22, Block 3, New Kodiak Subdivision,
and Lots 19A, 20A, and 20B, Block 18, Kodiak Townsite; and
to schedule this case for another public hearing at the next
regular meeting on January 20, 1993.
The motion was seconded and CARRIED by unanimous roll
call vote.
D) Case 92-039. Request for a rezone, in accordance with
Section 17.72.030C (Manner of Initiation) of the Borough Code,
of an existing, non -conforming 4.82 acre parcel of land, located
in Hidden Basin, in Ugak Bay, (legally described as ASLS 80-
61) from C--Conservation to RD--Rural Development.
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DUANE DVORAK indicated 35 public hearing notices were
mailed for this case and none were returned. Staff
recommended forwarding this request to the Borough
Assembly recommending approval.
Regular Session Closed.
Public Hearing Opened:
Dale Cornelius appeared before the Commission and expressed
opposition to this request.
John Witteveen, agent, appeared before the Commission and
expressed support for this request.
Larry Nicholson, property owner, appeared before the
Commission and expressed support for this request.
Dale Cornelius appeared again and expressed concerns for the
impact of this request on deer hunting in the area.
John Witteveen appeared again and addressed the concerns
expressed by Mr. Cornelius.
Public Hearing Closed.
Regular Session Opened.
DUANE DVORAK informed the Commission of the Borough
Assembly's proposed emergency ordinance, placing a
moratorium on remote parcel rezones from C--Conservation to
RD--Rural Development, which would be considered at their
December 17, 1992 meeting. He stated that it was unknown at
this time what affect, if any, this ordinance, if passed, would
have on pending rezone applications such as this one.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND that
the Kodiak Island Borough Assembly approve the rezone of
ASLS 80-61, a 4.82 acre parcel of land 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
December 7, 1992, as "Findings of Fact" for this case.
1. Findings as to the Need and Justification for a Change or
Amendment.
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 development of
remote upland areas around Kodiak Island;
B. will not create any nonconforming uses or
structures;
C. will not require a variance to develop uses other
than single-family residences on a nonconforming
lot of record.
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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 been
traditionally used for commercial purposes over the
years, particularly those areas with the highest 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 is implemented, land owners will be
permitted to develop commercial uses consistent with
traditional 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.
E) Case 92-040. Request for a rezone, in accordance with
Section 17.72.030C (Manner of Initiation) of the Borough Code,
of Tract H-2, U.S. Survey 1396 from R-2--Two Family
Residential to R-3--Multi Family Residential. 1328 Selief Lane.
DUANE DVORAK indicated 143 public hearing notices were
mailed for this case and 6 were returned, 1 in favor and 5
opposing this request. Staff recommended denial of this
request.
Regular Session Closed.
Public Hearing Opened:
Gordon Gould appeared before the Commission and expressed
opposition to this request.
Cecil Meade, representing the LDS Church, appeared before the
Commission and expressed opposition to this request.
Scott Pillans appeared before the Commission and expressed
opposition to this request.
Jerry Carmichael appeared before the Commission and
expressed opposition to this request.
Greg Petrich appeared before the Commission and expressed
opposition to this request.
Kevin Arndt, applicant, appeared before the Commission and
expressed support for this request.
Scott Pillans appeared again and expressed concerns for the
impact this request would have on Horseshoe Lake.
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Kevin Arndt appeared again and expressed support for this
request.
Scott Pillans appeared again and expressed concerns for
increased trash in the area.
Chair Jon Aspgren read a letter into the record, which was
submitted by Vickie Carmichael, expressing concern for
adequate wetland permits and requesting postponement of the
request.
Kevin Arndt appeared again and addressed the questions raised
about permits, stating that he already had the permits he
would need for what he had planned.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER FRIEND MOVED TO RECOMMEND that the
Kodiak Island Borough Assembly approve the rezone, in
accordance with Section 17.72.030C (Manner of Initiation) of
the Borough Code, of Tract H-2, U.S. Survey 1396 from R-2--
Two Family Residential to R-3--Multi Family Residential.
The motion was seconded and CARRIED by a roll call vote of
4-2. COMMISSIONERS BONNEY and ASPGREN voted no.
COMMISSIONER HEINRICHS MOVED TO ADOPT findings as
follows, as "Findings of Fact" for this case.
1. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from R2--Two-family Residential to R3--
Multifamily Residential is needed and justified because
the R-3--Multi Family Residential zoning district permits
development that:
A. allows a higher density of residential development,
B. this density is not unlike other apartment
complexes in the area;
C. will not significantly increase the potential for
residential traffic in the area, since Selief Lane
already acts as a collector street for this area;
2. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan
The 1968 Comprehensive Plan designates this area for
Public and Open Space. The comprehensive plan
designation for this area is clearly out of date. The
rezone, therefore would have no effect on the objectives
of the comprehensive plan.
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Considerable public testimony as to the need for more R-
3--Multi Family Residential land in this area was
presented by the KIB Assembly earlier this fall.
The MOTION was seconded and CARRIED by a roll call vote
of 5-1. COMMISSIONER BONNEY voted no.
F) Proposed amendments to Title 16 (Subdivisions) of the
Borough Code to provide for the platting of "commercial tracts"
for phased large scale commercial developments (postponed
from the November 18, 1992 regular meeting).
DUANE DVORAK indicated no public hearing notices were
mailed for this case as it is a borough -wide request. Staff
recommended postponement of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO POSTPONE action
on this case until the January 20, 1993 regular meeting.
The motion was seconded and CARRIED by unanimous roll
call vote.
G) Proposed amendments to Title 16 (Subdivisions) of the
Borough Code to provide procedures for right-of-way
acquisition platting (postponed from the November 18,
1992 regular meeting).
DUANE DVORAK indicated no individual public hearing
notices were mailed for this case as it is a proposed code
revision. Staff recommended approval of the draft changes
dated December 16, 1992 and postponement of further action
on this case until the February 17, 1993 regular meeting, to
allow time for review agencies and the Borough Attorney to
submit their comments.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO APPROVE the draft
changes dated December 16, 1992 and TO POSTPONE
FURTHER ACTION on this case until the February 17, 1993
regular meeting and reschedule it for another public hearing at
that time.
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The motion was seconded and CARRIED by unanimous roll
call vote.
II. OLD BUSINESS
A) Review of a 1988 Planning and Zoning Commission decision,
determining that a small scale fish processing plant is similar
r` to permitted uses in the B--Business Zoning District
(Postponed from the November 18, 1992 regular
meeting).
COMMISSIONER HODGINS MOVED TO RESCIND the March
16, 1988 Planning and Zoning Commission interpretation that
permits small scale fish smoking and meat processing as a use
similar in character and intent to retail and/or service
activities.
The motion was seconded and CARRIED by unanimous roll
call vote.
B) Case S90-033. Planning and Zoning Commission review of
revised utility easements on the final plat of the subdivision of
Lot 5A, U.S. Survey 2538-A, into Lots 5A-1 and 5A-2, U.S.
Survey 2538-A.
DUANE DVORAK referenced the revised plat which was posted
on the wall, and indicated where the two additional utility
�r easements were located. He also stated that there was a need
for an extension of an easement to include a manhole located
north of the 8" line under the downguy easement, but that
there had not been enough time to revise the plat to include
that extension before this meeting. He suggested that the
motion be revised to include that additional easement for the
extension to the manhole.
COMMISSIONER HEINRICHS MOVED TO GRANT preliminary
approval of the revised plat of the subdivision of Lot 5A, U.S.
Survey 2538-A, into Lots 5A-1 and 5A-2, U.S. Survey 2538-A,
which indicates two additional utility easements to be platted,
as shown on the plat dated November 12, 1992, with the plat to
be corrected to show the 15' sanitary sewer easement which
centers on the existing 8" sewer lines on lot 5A-1.
The motion was seconded and CARRIED by unanimous voice
vote.
C) Proposed draft code section regarding Flood Damage
r Prevention and establishing review criteria and procedures
under Title 17 (Zoning) of the Borough Code (Postponed from
f the October 21, 1992 regular meeting).
DUANE DVORAK indicated that staff recommendation was to
postpone action on this proposed code section and to request
direction from the Borough Assembly, indicating if staff and
the Commission should spend any more time on this issue.
COMMISSIONER HODGINS MOVED TO POSTPONE ACTION
on the draft code section regarding Floodplain Management
and establishing review criteria and procedures under Title 17
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