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1993-09-15 Regular MeetingI. II IV. V. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 15, 1993 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Jody Hodgins on September 15, 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: Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Tom Peterson, Resigned, effective August 19, 1993. A quorum was established. APPROVAL OF AGENDA Staff reported the following additions to the agenda: IX. COMMUNICATIONS A) Superior Court's Memorandum Decision, dated August 30, 1993 concerning the affirmation of the decisions of the Kodiak Island Borough Asembly rezoning Lot 1, U.S. Survey 5696 and granting preliminary approval of the subdivision of that lot to the Natives of Kodiak. COMMISSIONER FRIEND 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 SZABO MOVED TO ACCEPT the minutes of the August 18, 1993 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. P & Z Minutes: September 15, 1993 Page 1 of 10 &1 VI. PUBLIC HEARINGS A) Case S93-022. Request for preliminary approval of the vacation of the 10' wide sewer utility easement on Lot 1813-1, U.S. Survey 3100, and the vacation of the driveway easement on Lot 1813-2, U.S. Survey 3100. 3260 and 3266 Spruce Cape Road. DUANE DVORAK indicated 20 public hearing notices were mailed for this case and 1 was returned this month, from the owner of Lot 18-A, stating that they would be using the sewer utility easement and opposed it's vacation. Staff recommended the Commission approve the vacation of the driveway easement only, and make no reference to the vacation of the sewer utility easement. Regular Session Closed. Public Hearing Opened: Everett Stone, owner of adjacent Lot 18-A, appeared before the Commission and expressed opposition to the vacation of the sewer utility easement, as they will be utilizing the easement for their home which is currently under construction. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO GRANT preliminary approval of the driveway easement on Lot 1813-2, U.S. Survey 3100, and to adopt the following findings as "Findings of Fact" for this case. 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. Vacation of the designated easement will have no effect on the access to other properties in the area. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 93-060. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tract B, U.S. Survey 1671, a 5.00 acre parcel of land on Spruce Island, from C--Conservation to RD--Rural Development. Generally located on the south shore of Spruce Island, north of Kodiak Island. P & Z Minutes: September 15, 1993 Page 2 of 10 V19 DUANE DVORAK indicated 28 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended forwarding this request to the Borough Assembly with a recommendation of approval. Regular Session Closed. .- Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Tract B, U.S. Survey 1671, a 5.0 acre parcel located near Sunny Cove and Pleasant Harbor on Spruce Island, from C-- Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated September 1, 1993, 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 type of development that private land owners increasingly want to develop in remote areas of the Borough; B. will not increase the nonconformity of any existing uses or structures; C. must be setback from marine and anadromous waters unless the use developed is water - dependent; D. will result in a sensible and efficient use of coastal lands; E. allows for a balance of uses, due to the range of uses permitted, which will not favor short run gains at the expense of long-term benefits, and; F. will be coordinated with all applicable State and federal agencies, to the appropriate extent, when new development occurs. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from C--Conservation to RD--Rural Development on Tract B, U.S. Survey 1671, a 5.0 acre parcel located near Sunny Cove and Pleasant Harbor on Spruce Island, is generally consistent with the applicable P & Z Minutes: September 15, 1993 Page 3 of 10 3 `1 policies of the Kodiak Island Borough Coastal Management Program. The KIBCMP is an adopted component of the Kodiak Island Borough's comprehensive plan. The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to lodge development on a nonconforming lot in the RD--Rural Development zone. This will allow the placement of stipulations on future approvals subject to Planning and Zoning Commission review. Such review will ensure consistency with the policies of the Kodiak Island Borough Coastal Management Program. The motion was seconded and CARRIED by unanimous roll call vote. C) Case S93-026. Request for preliminary approval of the subdivision of Tract C, U.S. Survey 1396, creating Tracts C-1, C-2, and C-3, U.S. Survey 1396. 118 Ole Johnson Avenue. DUANE DVORAK indicated 70 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Gary Byers, nearby property owner, appeared before the Commission and expressed no opposition to the subdivision request, but was opposed to the development of the unnamed City of Kodiak roadway between Tract C and Block 53, East Addition. Jim Bruskotter, representing WALDOS, Inc. and O'Kraft and Sons, appeared before the Commission and expressed support for this request. He stated that rather than being required to construct a road to proposed Tract C-3 prior to final plat approval, the condition of approval could be that the road be constructed prior to Tract C-3 being developed, so finalization of the plat would not be delayed. Tom Healey, nearby property owner, appeared before the Commission and expressed no opposition to the subdivision request, but felt there should be a buffer of trees or a fence between Tract C and Block 53, East Addition, and stated that he was concerned for drainage in the area. Robin Killeen, owner of Lot 10, Block 53, East Addition, appeared before the Commission and expressed no opposition to the subdivision request, but was opposed to the development of the unnamed City of Kodiak roadway between Tract C and Block 53 of East Addition. Public Hearing Closed. Regular Session Opened. P & Z Minutes: September 15, 1993 Page 4 of 10 9J COMMISSIONER SZABO MOVED TO GRANT preliminary approval of the subdivision of Tract C, U.S. Survey 1396, creating Tracts C-1, C-2 and C-3, U.S. Survey 1396, subject to the following conditions of approval and to adopt the findings contained in the staff report dated September 7, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place notes on the final plat stating: "All parking on Tracts C-1 and C-2 shall be available for the use on both tracts." "Parking calculations shall be based upon the sum of the required parking for occupancies on Tracts C-1, and C-2 U.S. Survey 1396." "Further subdivision of Tract C-3 is prohibited until such time as an adequate secondary access to this tract is developed." "Development of Tract C-3 requiring access from Ole Johnson Avenue is prohibited until unnamed street is constructed to City of Kodiak standards which will also meet the minimal cul-de-sac and trafficway widths required in the Borough Code. 2. Provide a name for the unnamed cul-de-sac if it is to be different from Chichenoff Street. 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. COMMISSIONER SZABO stated for the record that, although the Commission was sympathetic to the concerns of neighboring property owners, they had no jurisdiction about what should happen to the unnamed road, as it belongs to the City of Kodiak, and the City is ultimately responsible for its appropriate development. In addition, the Commission had no authority to require a buffer between Tract C and Block 53, East Addition, that the unnamed road served as the buffer. P & Z Minutes: September 15, 1993 Page 5 of 10 d 6 D) Case 93-058 Proposed amendments to Chapters 17.13 (C-- Conservation) and 17.14 (RD--Rural Development) of the Borough Code (Postponed from the August 18, 1993 regular meeting). LINDA FREED indicated that after the September 1 worksession, several changes to Draft #4 were made and that Draft #5 was then mailed to a list of approximately 120 interested persons and organizations. Staff recommended the Commission approve Draft #5 for forwarding to the Borough Assembly, after it is sent to the Borough Attorney for review. Regular Session Closed. Public Hearing Opened: Bill Barker, a setnetter from Olga Bay, appeared before the Commission and expressed support for the code revisions and thanked the Commission for their work. Tony Drabek, representing Natives of Kodiak, appeared before the Commission and expressed support for the code revisions and thanked the Commission for their work. Public Hearing Closed. Regular Session Opened. COMMISSIONER KOPLIN MOVED TO FORWARD the proposed revisions to the C--Conservation zoning district and the RD--Rural Development zoning district to the Assembly for their consideration. The motion was seconded and CARRIED by unanimous roll call vote. CHAIR HODGINS thanked the public for their input and participation during this code revision process, and said that she felt the end product was something that would serve the needs of all involved. She stated that people would still have the opportunity to comment at a public hearing at the Borough Assembly meeting. E) Case 90-075. Proposed amendments to Chapter 17.26 (Mobile Home Parks) of the Borough Code (Postponed from the August 18, 1993 regular meeting). DUANE DVORAK indicated notice of this public hearing was published in the newspaper of local circulation and that mobile home park owners were mailed a copy of the most recent proposed revisions. Staff recommended the Commission postpone action on these amendments until the October 20, 1993 regular meeting and hold a worksession to further discuss the amendments on October 6, 1993. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. P & Z Minutes: September 15, 1993 Page 6 of 10 S�7 Public Hearing Closed. Regular Session Opened. The Commission discussed their options on this case and felt that perhaps tonight they could make appropriate changes without another worksession and public hearing, and forward this case to the Borough Assembly. COMMISSIONER FRIEND MOVED TO FORWARD Draft #4, dated June 9, 1993 of proposed amendments to Chapter 17 (Mobile Home Parks) of the Borough Code to the Borough Assembly, recommending approval, with the following changes: DELETE Section 17.26.140 Amortization, Section 17.36.070 General Provisions, and referenced changes to Chapter 15.20.020 Mobile Home Construction Standards. CHANGE Section 17.26.010 Districts Where Permitted to read as follows: 17.26.010 Districts Where Permitted. A. Mobile home parks shall be permitted only in the R-3--Multi Family Residential Zoning District, and; B. as a Conditional Use in the B--Business Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. F) Proposed amendments to Titles 16 and 17 of the Borough Code relating to the Waiver procedure (Postponed from the August 18, 1993 regular meeting). DUANE DVORAK indicated notice of this public hearing was published in the newspaper of local circulation. The Borough Attorney, in a memorandum, suggested minor revisions to Draft #2, which were incorporated into an additional staff report and Draft #3. Staff recommended forwarding the proposed amendments in revised Draft #3 to the Borough Assembly with a recommendation of approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. CHAIR HODGINS called a short recess at 8:40 p.m. to allow the Commissioners time to review the revisions in draft #3, reflecting the Attorneys suggestions. The meeting was reconvened at 8:50 p.m. P & Z Minutes: September 15, 1993 Page 7 of 10 EY COMMISSIONER BONNEY MOVED TO FORWARD proposed amendments to the Waiver procedure (KIBC 16.10), Lot definition (KIBC 16.20.120), Preliminary Plat procedure (KIBC 16.40.060) and Zoning Compliance procedure (KIBC 17.03.060), to the Borough Assembly, as an ordinance for introduction based on the language contained in draft #3, dated September 15, 1993, and as approved for forwarding by the Planning and Zoning Commission. The motion was seconded and CARRIED by unanimous roll call vote. G) Capital Improvements Program. Planning and Zoning Commission review, under Section 2.40.030(E) of the Borough Code, of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1995 through Fiscal Year 1999). LINDA FREED indicated notice of this public hearing was published in the newspaper of local circulation. Staff recommended the Commission establish a list of recommended Capital Improvements for FY95 - FY99 and forward the list to the Borough Assembly. 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 incorporate the following projects, in the priority listed, into the Borough's adopted CIP list for FY95 through FY99: 1. Sewer Treatment Plant upgrade and infrastructure to handle the build out of the urban area. 2. Service District One water and sewer completion. 3. Spruce Cape Road reconstruction - upgrade and walkway. 4. Selief Lane drainage (design and construction). 5. Monashka Bay sewer and water (design and engineering). 6. Road design funds for Three Sisters, Sawmill Extension, Peninsula Drive, Otmeloi Way, Marmot Drive, etc. 7. Acquisition and construction of small boat launch for Monashka and Ugak Bays. P & Z Minutes: September 15, 1993 Page 8 of 10 W 8. Sheratin Road and Perenosa Drive construction and water and sewer completion. 9. Anton Larsen Bay small boat landing ramps and road extension. ._ 10. Chiniak Highway hazards removal design. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S93-024. Findings of fact supporting the denial of the subdivision of Lot 1, Block 2, S.E. Addition creating Lots 1A & 1B, Block 2, S.E. Addition. 1213 West Kouskov Street. COMMISSIONER ASPGREN MOVED TO ADOPT the following findings of fact as "Findings of Fact' for Case S93-024. 1. This subdivision is not appropriate for the locality in which the subdivision is located because: a) the twenty (20) foot access easement serving this lot is not adequate for the additional traffic that would be generated by the creation of one additional single-family residential lot; b) the minimal area and width of the proposed lots is not in keeping with the prevailing neighborhood character (specifically lot size and width), based on testimony by a number of property owners from the surrounding area, nor is the potential increase in development density in keeping with the expectations of those who testified about the subdivision; c) the lot lines of the proposed subdivision project out over the tidelands, thereby making the developable area of the lots much less than the building envelope that would be provided by a totally developable 7,200 square foot minimum size lot in the R 1 --Single-family Residential zoning district; d) the steep topography of the proposed lots is compounded by the minimal buildable area so that structural development on the proposed lots would not be in keeping with the character of existing development in the neighborhood. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW P & Z Minutes: September 15, 1993 Page 9 of 10 10 There was no new business. IX. COMMUNICATIONS COMMISSIONER KOPLIN MOVED TO ACKNOWLEDGE RECEIPT of item A of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Superior Court's Memorandum Decision, dated August 30, 1993 concerning the affirmation of the decisions of the Kodiak Island Borough Asembly rezoning Lot 1, U.S. Survey 5696 and granting preliminary approval of the subdivision of that lot to the Natives of Kodiak. There were no further communications. X. REPORTS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Reports for July, and August, 1993. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 9:15. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: _ C i(.P_� �✓ WCn,- Eileen Probasco, Secretary Community Development Department DATE APPROVED: October 20, 1993 P & Z Minutes: September 15, 1993 Page 10 of 10 671