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1993-11-17 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 17, 1993 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Jody Hodgins on November 17, 1993 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Chair Jon Aspgren Tuck Bonney Jerrol Friend Clay Koplin Pat Szabo Commissioners Absent: One vacant position. A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following changes to the agenda: A) La CASE: 93-066 APPLICANT: Charles E. Davidson AGENT: David R. Thorson REQUEST: A rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of Lot 13C, Russian Creek Alaska Subdivision, from RR1--Rural Residential One to RNC--Rural Neighborhood Commercial. LOCATION: 12761 Noch Drive ZONING: RR1--Rural Residential One CASE: APPLICANT: AGENT: REQUEST: 93-067 Charles E. Davidson David R. Thorson Review and approval of a similar use determination, as required by Section P & Z Minutes: November 17, 199A 3 Page 1 of 10 1 of? 17.03.090 B (Similar Uses), that a commercial TV and broadcast facility is similar to a conditionally permitted utility and service use: and A conditional use permit, in accordance with Section 17.22.040 B (Conditional Uses) of the Borough Code, to permit a utility and service use to locate on Lot 13C, Russian Creek Alaska Subdivision. LOCATION: 12761 Noch Drive ZONING: RR1--Rural Residential One The above two cases were deleted from the agenda by request of the applicant. ADDITIONS: IX. COMMUNICATIONS A) Letter dated November 3, 1993 to Yoram Palkovitch, Minex Alaska, Inc., from Duane Dvorak, RE: Expiration of Conditional Use Permit (Case 87-068) for resource extraction activities on Sitkinak Island. B) Series of articles from Anchorage Daily News (October 27, November 1, and November 3, 1993), RE: Ongoing zoning issues in Anchorage. C) Newsletter dated September 18, 1993 RE: Proposed East Addition Homeowner's Association Charter. D) Letter dated November 16, 1993 to Linda Freed from Joel Bolger RE: Notice of Civil Appeal from Jennifer Abbott and John and Virginia Shank, appealing superior court award of costs and attorney's fees. COMMISSIONER SZABO MOVED TO ACCEPT the agenda with the changes reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the October 20, 1993 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Jack McDonald, Chief of the City of Kodiak Police Department, appeared before the Commission to report that the City would be submitting two applications for the Commission's December agenda. They would include a rezone from I --Industrial to LI--Light Industrial of Lots 1-6, Block 1, Lakeside Subdivision, and a request for a conditional use permit for the proposed public safety/correctional facility planned on those lots. He briefly explained the City's plans P & Z Minutes: November 17, 199P3 Page 2 of 10 i 1D for the facility, answered questions from the Commission, and requested favorable consideration of the requests. Robin Heinrichs, representing Bayside Fire Department, appeared before the Commission to answer questions concerning Case 93-068, the site plan review for the proposed fire training facility. Scott Arndt, also representing Bayside Fire Department, appeared before the Commission to answer questions concerning Case 93-068, the site plan review for the proposed fire training facility. A) Case 93-064. Planning and Zoning Commission review and approval, as required by Section 17.21.050C of the Borough Code, of a proposed screening plan for Lot I-2A, U.S. Survey 3218. 3137 Mill Bay Road. DUANE DVORAK stated that a supplemental memorandum was presented to the Commission for their consideration. Staff recommended the Commission approve a screening plan they felt was appropriate for this case. COMMISSIONER FRIEND MOVED TO APPROVE a plan that does not require any screening along the common property line between Lots I-2A and I-1, U.S. Survey 3218, as appropriate to separate a permitted office building on Lot I-2A and a nonconforming duplex on Lot I-1, in accordance with Section 17.21.050 (Performance Standards) of the Borough Code, and to adopt the following finding of fact: FINDING OF FACT 1. Office uses are generally not obtrusive to residential uses because office activities are conducted inside of the building. Traffic generation is the most likely source of impact that would affect adjoining residential development. Historically, the two lots have used a common driveway; a screening requirement would limit this flexibility in the future. The motion was seconded. COMMISSIONER ASPGREN MOVED TO AMEND THE MAIN MOTION to place a requirement on this approval, that, should the use change from an office to another permitted B--Business use, the Commission would then review the need for a different screening plan. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER SZABO expressed her concern for lack of screening on this lot. She felt the common driveway would not necessarily benefit the residence on the adjoining lot, and that a separation, at least for parking, would be preferable. P& Z Minutes: November 17, 199f 3 Page 3 of 10 11 1 The question was called and the MAIN MOTION AS AMENDED CARRIED by a roll call vote of 5-1. COMMISSIONER SZABO voted no. B) Case 93-065. Planning and Zoning Commission review, as required by Section 18.20.030.A of the Borough Code, of a disposal of interest in Borough land by issuance of a Special Land Use Permit (SLUP). Generally located on the north shore of Veikoda Bay, on the west side of Kodiak Island. DUANE DVORAK reported that staff recommended the Commission approve the SLUP subject to the conditions of approval in the Community Development Department memorandum and the restrictions referenced in the Resource Management Officer's memorandum, and forward the request to the Borough Assembly. COMMISSIONER SZABO MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 93-065. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That the disposal, by Special Land Use Permit, of a portion of Section 8, T26S, R24W, Seward Meridian, to allow a setnetlrecreation cabin site to remain on Borough land, is recommended for approval by the Borough Assembly subject to the following restrictions and conditions of approval: 1. Reconciliation of past payments 2. Submit site plan to Community Development Department for review 3. Obtain zoning compliance permits for existing structures to ensure compliance with C-- Conservation zoning. RESTRICTIONS 1. The applicant obtains no interest in the real property underneath the cabin. 2. The permit shall be renewed yearly and expires on the date of a land sale. 3. The applicant does not acquire any preference right during the sale of the parcel. Should the applicant or heirs and assigns not be the winning bidder, the applicant has 60 days in which to remove any and all improvements. 4. The continued use of this site is for set net or residential purposes only. No commercial P & Z Minutes: November 17, 199t3 Page 4 of 10 111 hunting, fishing, guiding or similar commercial use shall occur here (other than existing commercial fishing operation that occurs at this site, no other use that competes with uses occurring on private lands shall occur on Borough lands). 5. No additional structures shall be constructed. 6. The applicant shall reimburse the Borough rent on the use of the parcel back to the date of occupation. COMMISSIONER ASPGREN expressed his concern for the 2 conditions referencing reconciliation and/or reimbursement of past payments. The Commission discussed these conditions and asked questions of staff. COMMISSIONER ASPGREN MOVED TO DELETE condition of approval number 1 and restriction number 6, from the proposed resolution before forwarding it to the Borough Assembly. The motion 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. C) Case 93-068. Planning and Zoning Commission review, as required by Section 17.33.020 of the Borough Code, of a detailed site plan for an existing fire station and related fire training facilities proposed for development on Lot 2A-IA- 1 and Lot 3, Block 5, Miller Point Alaska Subdivision. 4050 Parkside Drive. COMMISSIONER KOPLIN MOVED TO APPROVE the detailed site plan for an existing fire station and related fire training facilities proposed for development on Lot 2A-IA-1 and Lot 3, Block 5, Miller Point Alaska Subdivision, as depicted on the site plan dated November 10, 1993 for this case. 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 93-066. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of Lot 13C, Russian Creek Alaska Subdivision, from RR1--Rural Residential One to RNC--Rural Neighborhood Commercial. 12761 Noch Drive. This request was withdrawn from the agenda by request of the applicant, on November 10, 1993. P & Z Minutes: November 17, 199f3 Page 5 of 10 112 B) Case 93-067. Review and approval of a similar use determination, as required by Section 17.03.090 B (Similar Uses), that a commercial TV and broadcast facility is similar to a conditionally permitted utility and service use; and .-- A conditional use permit, in accordance with Section 17.22.040 B (Conditional Uses) of the Borough Code, to permit a utility and service use to locate on Lot 13C, Russian Creek Alaska Subdivision. 12761 Noch Drive. This request was withdrawn from the agenda by request of the applicant, on November 10, 1993. C) Case 93-061. Investigation of the possible rezone of Lots 1 - 11, Block 3, Lakeside Subdivision, in accordance with Section 17.72.030.13 of the Borough Code, to B--Business, or UNC-- Urban Neighborhood Commercial, or RB--Retail Business, and possible revision of the Lakeside/Safeway Sub Area Land Use Plan (Postponed and revised from the October 20, 1993 regular meeting). 2095, 2165, 2207, 2249, 2289, 2327, 2373, 2245 Selief Lane, and 351, 403, 443 Von Scheele Way. DUANE DVORAK indicated 22 public hearing notices were mailed for this case and none were returned. Staff recommends that the Commission determine the most appropriate zone(s) for Block 3, Lakeside Subdivision. Staff further recommends that either LI--Light Industrial or B-- Business is the most appropriate zoning, since these zoning districts are consistent with the adopted comprehensive plan for the area, and that all lots in Block 3 should be zoned the same, except for Lot 10, the narrow buffer strip, which should remain NU --Natural Use Land. Regular Session Closed. Public Hearing Opened: Karen King appeared before the Commission and suggested that zoning which would allow residential development would be most appropriate. Scott Arndt appeared before the Commission and expressed support for LI--Light Industrial development. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Lots 1, 2 and 3, Block 3, Lakeside Subdivision, from I -- Industrial to LI--Light Industrial; and to adopt the findings contained in the staff report dated November 2, 1993, as appropriately amended to reflect the scope of the rezone and the lots involved; as "Findings of Fact" for this case. The motion was seconded. P & Z Minutes: November 17, 199J 3 Page 6 of 10 "Y The Commission discussed the Lakeside Subdivision/Safeway Sub Area Land Use Plan. They felt the plan was still appropriate. COMMISSIONER BONNEY felt that zoning Block 3 to B--Business would benefit the Borough by moving forward with the development of the property as indicated in the plan, even though B--Business zoning would allow multi -family r— residential development. The Commission agreed that before they proceed with a recommendation, they should meet with the Borough Assembly to further discuss this case. COMMISSIONER ASPGREN withdrew his original motion, with concurrence of the second, and MOVED TO POSTPONE action on Case 93-061 until a joint worksession with the Borough Assembly was held, after which time the case would again be scheduled on the Commission's agenda as a public hearing item. The motion was seconded and CARRIED by unanimous roll call vote. D) Case S93-029. Request for preliminary approval of the vacation of the easterly six (6) foot portion of the ten (10) foot wide utility easement on Lot 16, Block 10, Aleutian Homes Subdivision. 1013 Larch Street. DUANE DVORAK indicated 53 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request, subject to one condition. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT preliminary approval of the vacation of the easterly six (6) foot portion of the ten (10) foot wide utility easement on Lot 16, Block 10, Aleutian Homes Subdivision; subject to the condition of approval contained in the staff report dated November 2, 1993, and to adopt the findings contained in the staff report dated November 2, 1993, 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 P & Z Minutes: November 17, 199P Page 7 of 10 I iS the Borough outside a city. The Council or Assembly shall have thirty (30) days from 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. The vacation of a six (6) foot portion of a ten (10) foot utility easement will not adversely affect utility companies in their ability to provide adequate service to the public in this area. The motion was seconded and CARRIED by unanimous roll call vote. E) Case S93-034. Request for preliminary approval of the vacation of Lots 3F and 3G, Block 2, Bells Flats Alaska Subdivision, creating Lots 3F-1, 3F-2, 3F-3, and 3F-4, Block 2, Bells Flats Alaska Subdivision. 876 & 883 Preston Lane. DUANE DVORAK indicated 51 public hearing notices were mailed for this case and 1 was returned opposing the request. Staff originally recommended preliminary approval of this request, but after further discussion with the applicant and with neighboring property owners who are concerned about the potential impact of the proposed subdivision on their water supply, staff recommended postponement until the December 15, 1993 regular meeting, pending review and comments from the Department of Environmental Conservation. Regular Session Closed. Public Hearing Opened: Forrest Blau, owner of adjacent Lot 41-1-1, Block 2, appeared before the Commission and expressed concerns about adequate water supply and quality on adjoining lots, some of which rely on the small creek located on the lots proposed for subdivision. He requested postponement of the request pending DEC review. Nancy Padget, owner of adjacent Lot 4F, Block 2, appeared before the Commission and expressed opposition to the subdivision request as it was currently proposed. She read a letter to the Commission from Betty Fitzgearl stating that she was the owner of Lot 4F from 1976 through 1978, and that she was granted water rights from the stream, from DEC in the amount of 500 gallons per day. Ms. Fitzjearl was concerned about protection of those water rights. Ms. Padget expressed her desire to have tests conducted to ensure safety of the water supply. She requested postponement of this case until adequate tests could be conducted. P & Z Minutes: November 17, 1943 Page 8 of 10 (16 John Andrews, owner of Lot 4E, Block 2, appeared before the Commission and expressed concern for water volume and quality in the creek on Lot 3F. He is not opposed to the land being subdivided, but to the affect the development may have on the creek and his existing well. Mike Anderson, applicant, appeared before the Commission and expressed his appreciation for the concerns mentioned. He also answered some of the questions raised previously. Mr. Anderson agreed with the postponement of his request so he can change the layout of the subdivision to address some of the concerns expressed and still get full use of his property. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO POSTPONE ACTION on Case S93-034 until the December 15, 1993 regular meeting and reschedule it for another public hearing. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 93-062. Request for a variance from Section 17.18.050.A (Yards) of the Borough Code, to permit a two-story single-family dwelling to encroach no more than twelve feet into the front setback along High Street, on a non -conforming lot containing 3,447 square feet. Lot 1C, Block 13, Kodiak Townsite, 304 High Street. (Postponed from the October 20, 1993 regular meeting). DUANE DVORAK reported that the property owner currently lived out of town and that the agent was not yet able to contact him to discuss the required engineered plans. COMMISSIONER SZABO MOVED TO POSTPONE ACTION on Old Business Item A until the December 15, 1993 regular meeting to allow the agent time to contact the property owner who lives out of town. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER KOPLIN MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. P & Z Minutes: November 17, 19913 Page 9 of 10 117 A) Letter dated November 3, 1993 to Yoram Palkovitch, Minex Alaska, Inc., from Duane Dvorak, RE: Expiration of Conditional Use Permit (Case 87-068) for resource extraction activities on Sitkinak Island. B) Series of articles from Anchorage Daily News (October 27, November 1, and November 3, 1993), RE: Ongoing zoning issues in Anchorage. C) Newsletter dated September 18, 1993 RE: Proposed East Addition Homeowner's Association Charter. D) Letter dated November 16, 1993 to Linda Freed from Joel Bolger RE: Notice of Civil Appeal from Jennifer Abbott and John and Virginia Shank, appealing superior court award of costs and attorney's fees. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS There were no reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER KOPLIN reported that he attended the last Parks and Recreation Committee meeting and that they had discussed proposed revisions to the NU --Natural Use Land Zoning District, among other things. He expected that the proposed changes would be presented to the Commission for their December 15, 1993 agenda. XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 9:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: December 15, 1993 P & Z Minutes: November 17, 199¢ 3 Page 10 of 10 11 b?