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1993-10-20 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 20, 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 October 20, 1993 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Chair Jon Aspgren Jerrol Friend Pat Szabo Commissioners Absent: Others Present: Linda Freed, Director Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Jennifer Dannewitz, Secretary Community Development Dept. Tuck Bonney - Excused Clay Koplin - Excused 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. News article from the Friday, September 17, 1993 Anchorage Daily News, by Paul Jenkins: "New Retailers Spark Old Zoning Questions". B. Memorandum dated September 27, 1993 to Mike Dolph and Len Kimball from Duane Dvorak, RE: Invitation to Planning and Zoning Commission worksession on October 6, 1993 concerning proposed additions to the Borough Code relating to Boarding Houses. C. Letter dated September 29, 1993 to Randall Borgeman from Bob Scholze, RE: Trailers on Tract P, Russian Creek Subdivision. D. Letter dated October 1, 1993 to Kimberly Phillips from Bob Scholze, RE: Setback encroachment on Lot 3, Block 2, Leite Addition. P & Z Minutes: October 20, 1993 Page 1 of 10 q3 E. Letter dated October 5, 1993 to Brent Arndt from Bob Scholze, RE: Outdoor storage on Lot 8, Block 1, Island Lake Subdivision. F. Letter dated October 6, 1993 to Randy and Charlene Chase from Bob Scholze, RE: Commercial auto body .� shop on Lot 9A, Block 2, Monashka Bay Subdivision. G. Letter dated October 7, 1993 to Reynold and Mary Morris from Bob Scholze, RE: Junk Vehicles on Lot 1, Block 3, Monashka Bay Subdivision. H. Letter dated October 8, 1993 to Del Jackson from Bob Scholze, RE: Construction without permits and minimum separation distance on Lots 5 & 6, U.S. Survey 3233, Jacksons Mobile Home Park. I. Letter dated October 8, 1993 to The Holy Spirit Association for the Unification for World Christianity from Bob Scholze, RE: Number of persons living in a dwelling unit. J. Letter dated October 15, 1993 to Roy Ecklund (also sent to Horizon Surveying and Robert Tarrant) from Eileen Probasco, RE: Changes in wording on Statement of Plat Approval from CHAIRMAN to CHAIR. K Horseshoe Lake Community Association Newsletter, dated October 17, 1993. L. Article from The Wall Street Journal, October 12, 1993 issue, RE: Zoning issues in Houston COMMISSIONER ASPGREN 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 SZABO MOVED TO ACCEPT the minutes of the September 15, 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 There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 93-049. Request for a rezone, according to Section 17.72.030B (Manner of Initiation) of the Borough Code, of additional land into the City of Port Lions Watershed, from C-- Conservation to W--Watershed. (The purpose of this request is to increase the boundaries of the City of Port Lions watershed). LINDA FREED indicated 14 public hearing notices were mailed for this case and none were returned. Staff had originally P & Z Minutes: October 20, 1993 Page 2 of 10 qb recommended postponement of this request pending comments from the Alaska. Department of Natural Resources. A letter of non -objection was received from DNR on October 14, therefore, staff revised their recommendation to forward the rezone request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO FORWARD this request to the Kodiak Island Borough Assembly, recommending the rezone of Sections 11 and 12, of T27S, R23W; and S-1/4 Section 34 and S-1/4 Section 35, of T26S, R23W, Seward Meridian, two tracts of land totaling about 1,600 acres, from C--Conservation to W--Watershed, and to adopt the findings of fact contained in the staff report dated October 14, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Sections 11 and 12, of T27S, R23W; and S- 1/4 Section 34 and S-1/4 Section 35, of T26S, R23W, Seward Meridian, two tracts of land totaling about 1,600 acres, from C--Conservation to W--Watershed, is necessary and justified because the W--Watershed zoning district: A. will protect and regulate the Port Lions municipal water supply to ensure good water quality is maintained: and B. will prohibit all other land uses not compatible with the maintenance of the municipal watershed; and C. will not create any nonconforming land uses. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1982 Port Lions Comprehensive Plan and the 1968 Kodiak Island Borough Comprehensive Plan do not address this area. Due to the possibility of development on watershed lands not owned by the City of Port Lions, this rezone will provide for basic protection of water quality for the Port Lions community. The motion was seconded and CARRIED by unanimous roll call vote. B) 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 P & Z Minutes: October 20, 1993 Page 3 of 10 7 7 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. LINDA FREED indicated 34 public hearing notices were mailed for this case and 3 were returned, 1 from the property owner in favor of the request, 1 stating non -objection to the request and 1 stating concern for stability of the hillside behind the house, after excavation. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT a variance from Section 17.18.050.A (Yards) of the Borough Code, to permit a two-story single-family dwelling on Lot 1C, Block 13, Kodiak Townsite, per the site plan dated September 17, 1993, to encroach no more than twelve feet into the front setback along High Avenue, on a non -conforming lot containing 3,447 square feet; and to adopt the findings contained in the staff report dated September 28, 1993, as "Findings of Fact" for this case. The motion was seconded. The Commission discussed the placement of the proposed house and their concerns for proper drainage of Erskine Creek, as well as concerns for an adequate foundation and stabilization of the hillside behind the house after excavation. COMMISSIONER FRIEND MOVED TO POSTPONE ACTION on Case 93-062, and schedule it as an Old Business item on the November 17, 1993 agenda, pending the applicant's submittal of the following information: 1. An engineered drainage plan, including plans for diversion of Erskine Creek. 2. An engineered foundation plan, including plans for stabilization of the hillside after excavation. The motion was seconded and CARRIED by unanimous roll call vote. C) Case S93-027. Request for preliminary approval of the vacation of the westerly five (5) foot portion of the ten (10) foot wide utility easement on Lot 17, Block 10, Aleutian Homes Subdivision. 1011 Larch Street. LINDA FREED indicated 57 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request, subject to one condition. P & Z Minutes: October 20, 1993 Page 4 of 10 C? S, 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 westerly five (5) foot portion of the ten (10) foot wide easement on Lot 17, Block 10, Aleutian Homes Subdivision; subject to the condition of approval contained in the staff report dated September 28, 1993, and to adopt the findings contained in the staff report dated September 28, 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 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 five (5) 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. D) Case S93-028. Request for preliminary approval of the vacation of Lots 25A, 25B, 25C & 25D, Russian Creek Alaska Subdivision, and Widgeon Circle, and replat to Lots 25A-1 and 2513-1, Russian Creek Alaska Subdivision. 891, 906, 935 and 950 Widgeon Circle. LINDA FREED indicated 35 public hearing notices were mailed for this case and 1 was returned from the owner of the property the Rendezvous was located on, supporting the request and the P & Z Minutes: October 20, 1993 Page 5 of 10 e?q desire to allow for separate driveways for each proposed lot. Ms. Freed indicated that the condition of approval concerning access to the lots in the original staff report had been revised in the Supplemental Memorandum dated October 14, 1993, to accommodate the property owner's concern. A copy of a letter from DOT/PF office received earlier that day indicated they would permit two driveways. Staff recommended approval of this request, subject to two conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO GRANT preliminary approval of the vacation of Lots 25A, 25B, 25C, and 25D, Russian Creek Alaska Subdivision, and Widgeon Circle, and replat to Lots 25A-1 and 2513-1, Russian Creek Alaska Subdivision; subject to the conditions of approval contained in the staff report dated October 14, 1993, and to adopt the findings contained in the staff report dated October 14, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The vacation of Widgeon Circle must be approved by the Kodiak Island Borough Assembly per Section 16.60.060 A (Additional Approval Required) of the Borough Code as follows: 16.60.060 Additional Approval Require A. A decision to grant a vacation is not effective unless approved by the City Council if the vacated area is within a city, or by the Assembly if the vacated area is within the Borough outside a city. The Council or Assembly shall have thirty (30) days from 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. 2. Obtain separate driveway permits from the Alaska r-- Department of Transporation and Public Facilities for Lots 25A-1 and 2513-1 prior to final approval of the plat, or, in the alternative, place a note on the plat as follows: "Access to Lots 25A-1 and 2513-1 is limited to a 40' wide common access easement centered on the existing road, previously known as Widgeon Circle" 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. P & Z Minutes: October 20, 1993 Page 6 of 10 100 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 Widgeon Circle will not affect the access of any other private or publicly owned property in the surrounding area. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 93-061. Investigation of the possible rezone of Lots 4 - 10, Block 3, Lakeside Subdivision, from LI--Light Industrial to R-3--Multi Family Residential, or R 1 --Single-family Residential, or B--Business, and possible revision of the Lakeside/Safeway Sub Area Land Use Plan. 2095-2327 Selief Lane and 443 Von Scheele Way. LINDA FREED indicated 22 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request until the November 17, 1993 regular meeting, and that the area be expanded to include all of Block 3. Ms. Freed also requested that the Commission provide direction for the staff in order to allow more focus in a continuing investigation. Regular Session Closed. Public Hearing Opened: Scott Arndt appeared before the Commission and expressed support for postponement and further investigation of this rezone request. He did not support rezoning the area to a residential classification. Tony Perez appeared before the Commission and expressed support for postponement and further investigation of this rezone request. He did not support rezoning the area to a residential classification. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO POSTPONE ACTION on Case 93-061, an investigation of the rezone of Lots 4 - 10, Block 3, Lakeside Subdivision, from LI--Light Industrial and NU --Natural Use to R3--Multifamily Residential or R1--Single- family Residential or B--Business, until the next regular Commission meeting on November 17, 1993, and to enlarge the scope of the review to include all lots located in Block 3, Lakeside Subdivision, specifically Lots 1, 2, 3, and 11, for possible rezone to a zone consistent with the rest of Block 3. The motion was seconded. P & Z Minutes: October 20, 1993 Page 7 of 10 (01 The Commission had considerable discussion concerning past efforts to rezone this area, the development of the Lakeside/Safeway Sub Area Land Use Plan, and ideas for the best use of this property, considering the intent of the City of Kodiak to utilize the nearby Block 1 for a jail facility, and the nearby use of the Municipal Airport. The Commission discussed several different zoning options and agreed that a non-residential zoning district would be most appropriate. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION to read as follows: MOVE TO POSTPONE ACTION on Case 93-061, an investigation of the rezone of Lots 4 - 10, Block 3, Lakeside Subdivision, from LI--Light Industrial and NU --Natural Use to B--Business or RB--Retail Business or UNC--Urban Neighborhood Commercial, until the next regular Commission meeting on November 17, 1993, and to enlarge the scope of the review to include all lots located in Block 3, Lakeside Subdivision, specifically Lots 1, 2, 3, and 11, for possible rezone to a zone consistent with the rest of Block 3. 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. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through L of communications. The motion was seconded and CARRIED by unanimous voice vote. A. News article from the Friday, September 17, 1993 Anchorage Daily News, by Paul Jenkins: "New Retailers Spark Old Zoning Questions". B. Memorandum dated September 27, 1993 to Mike Dolph and Len Kimball from Duane Dvorak, RE: Invitation to Planning and Zoning Commission worksession on October 6, 1993 concerning proposed additions to the Borough Code relating to Boarding Houses. C. Letter dated September 29, 1993 to Randall Borgeman from Bob Scholze, RE: Trailers on Tract P, Russian Creek Subdivision. P & Z Minutes: October 20, 1993 Page 8 of 10 ( Q.>, D. Letter dated October 1, 1993 to Kimberly Phillips from Bob Scholze, RE: Setback encroachment on Lot 3, Block 2, Leite Addition. E. Letter dated October 5, 1993 to Brent Arndt from Bob Scholze, RE: Outdoor storage on Lot 8, Block 1, Island Lake Subdivision. F. Letter dated October 6, 1993 to Randy and Charlene Chase from Bob Scholze, RE: Commercial auto body shop on Lot 9A, Block 2, Monashka Bay Subdivision. G. Letter dated October 7, 1993 to Reynold and Mary Morris from Bob Scholze, RE: Junk Vehicles on Lot 1, Block 3, Monashka Bay Subdivision. H. Letter dated October 8, 1993 to Del Jackson from Bob Scholze, RE: Construction without permits and minimum separation distance on Lots 5 & 6, U.S. Survey 3233, Jacksons Mobile Home Park. I. Letter dated October 8, 1993 to The Holy Spirit Association for the Unification for World Christianity from Bob Scholze, RE: Number of persons living in a dwelling unit. J. Letter dated October 15, 1993 to Roy Ecklund (also sent to Horizon Surveying and Robert Tarrant) from Eileen Probasco, RE: Changes in wording on Statement of Plat Approval from CHAIRMAN to CHAIR. K Horseshoe Lake Community Association Newsletter, dated October 17, 1993. L. Article from The Wall Street Journal, October 12, 1993 issue, RE: Zoning issues in Houston 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 Report. There were no further reports. XI. AUDIENCE COMMENTS Tony Perez appeared before the Commission and stated that he was on the Commission years ago when the need for more industrial land in Kodiak was identified, and the area designated at that time was the Lakeside Subdivision area currently being considered for rezone. Mr. Perez reiterated that need, and commended the Commission for their dedication to maintaining that block of Lakeside Subdivision as non-residential. P & Z Minutes: October 20, 1993 Page 9 of 10 1 03 XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 8:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By � D��_pon-d�� Eileen Probasco, Secretary Community Development Department DATE APPROVED: November 17, 1993 P & Z Minutes: October 20, 1993 Page 10 of 10 10 H