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1993-07-21 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JULY 21, 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 July 21, 1993 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Chair Tuck Bonney Jerrol Friend Clay Koplin Pat Szabo Commissioners Absent: Jon Aspgren - Excused Tom Peterson - Excused A quorum was established. 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 additions to the agenda: IX COMMUNICATIONS A) Letter dated June 21, 1993 to interested citizens and property owners, RE: Kodiak Island Borough Urban Islands Comprehensive Plan B) Letter dated July 7, 1993 to Mobile Home Park Owners from Linda Freed, RE: proposed changes to regulations for mobile home parks. C) Letter dated July 9, 1993 to William and Carole Bardot and Yeshi Benyamin from Bob Scholze, RE: boarding house operation on Space 10, Lot 1, Block 6, U.S. Survey 3066AB (Cove Trailer Park). D) Letter dated July 6, 1993 to Paul Hansen from Bob Scholze, RE: Illegal dwellings on Lot 6A, Block 7, Miller Point Alaska Subdivision. E) Memorandum dated June 21, 1994(?) to various government agencies and officials, from Alex Viterl Jr., Manager, Domestic Wastewater Treatment Program, RE: Domestic Wastewater Work, FY94. P & Z Minutes: July 21, 1993 Page 1 of 19 4< F) Horseshoe Lake Community Association Newsletter dated July 13, 1993. COMMISSIONER FRIEND MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED r. by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the June 16, 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. A) Case 93-049. Request for the Planning and Zoning Commission to initiate a rezone of additional Port Lions watershed. COMMISSIONER BONNEY MOVED TO INITIATE a rezone investigation of additional land into the Port Lions watershed, as described in Port Lions resolution 93-12-R, and to schedule the case for public hearing at the October 20, 1993 regular meeting. 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 93-048. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1932, a 4.98 acre parcel of land in Uganik Bay, from C-- Conservation to RD--Rural Development. DUANE DVORAK indicated 12 public hearing notices were mailed for this case and none were returned. 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 SZABO MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 1932, a 4.98 acre parcel located near Miners Point, Uganik Bay, from C--Conservation to RD--Rural Development; P & Z Minutes: July 21, 1993 Page 2 of 19 14 s' and to adopt the findings contained in the staff report dated July 6, 1993, as "Findings of Fact" or this case. 1. Findings as to the Need and Justification for a Change or Amendment. r-- 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 U.S. Survey 1932, a 4.98 acre parcel located near Miners Point, Uganik Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Program. The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. 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. COMMISSIONER SZABO reiterated the fact that this tract is located in an area designated for Development with Restrictions, and that a Conditional use permit is required prior to development of intensive commercial land uses. P & Z Minutes: July 21, 1993 Page 3 of 19 44 B) Case 93-050. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Lot 6, U.S. Mineral Survey 247, a 5.46 acre parcel of land near the mouth of the Ayakulik River, from C--Conservation Lo RD-- Rural Development. DUANE DVORAK indicated 23 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 FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Lot 6, U.S. Mineral Survey 247, a 5.46 acre parcel located near the mouth of the Ayakulik River, from C--Conservation #g RD-- Rural Development; and to adopt the findings contained in the staff report dated July 2, 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. P & Z Minutes: July 21, 1993 Page 4 of 19 , 4 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 Lot 6, U.S. Mineral Survey 247, a 5.46 acre parcel located near the mouth of the Ayakulik River, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Program. The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. 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. COMMISSIONER SZABO reiterated the fact that this tract is located in an area designated for Development with Restrictions, and that a Conditional use permit is required prior to development of intensive commercial land uses. C) Case 93-051. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Lot 4, U.S. Mineral Survey 247, a 5.13 acre parcel of land near the mouth of the Ayakulik River, from C--Conservation to RD-- Rural Development. DUANE DVORAK indicated 23 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 FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Lot 4, U.S. Mineral Survey 247, a 5.13 acre parcel located near the mouth of the Ayakulik River, from C--Conservation to RD-- Rural Development; and to adopt the findings contained in the staff report dated July 2, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. P & Z Minutes: July 21, 1993 Page 5 of 19 u,, 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. r - 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 Lot 4, U.S. Mineral Survey 247, a 5.13 acre parcel located near the mouth of the Ayakulik River, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Program. The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. 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. r COMMISSIONER SZABO reiterated the fact that this tract is located in an area designated for Development with Restrictions, and that a conditional use permit is required prior to development of intensive commercial land uses. D) Case 93-052. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tract B, U.S. Survey 362, a 5.46 acre parcel of land along the Karluk River, from C--Conservation to RD--Rural Development. P & 9 Minn}ro- .Tuly 9.1 lAA9 Pout R of lA The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. 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. COMMISSIONER SZABO reiterated the fact that this tract is located in an area designated for Development with Restrictions, and that a Conditional use permit is required prior to development of intensive commercial land uses. E) Case 93-054. Request for a rezone, according to Section 17.72.030B (Manner of Initiation) of the Borough Code, of U.S. Survey 362, Tract A, a 5.04 acre parcel of land along the Karluk River, from C--Conservation to RD--Rural Development. DUANE DVORAK indicated 15 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 BONNEY MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 362, Tract A, a 5.04 acre parcel located along the south shore of Karluk Lagoon, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated July 7, 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 r 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; P & Z Minutes: July 21, 1993 Page 8 of 19 ,S'! 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 A, U.S. Survey 362, a 5.04 acre parcel located along the south shore of Karluk Lagoon, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Program. The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. 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. COMMISSIONER SZABO reiterated the fact that this tract is located in an area designated for Development with Restrictions, and that a Conditional use permit is required prior to development of intensive commercial land uses. F) Case 93-055. Request for a rezone, according to Section 17.72.030B (Manner of Initiation) of the Borough Code, of U.S. Survey 125A, a 7.11 acre parcel of land on Packers Spit, in Uganik Bay, from C--Conservation to RD--Rural Development. DUANE DVORAK indicated 14 public hearing notices were mailed for this case and none were returned. 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. P & Z Minutes: July 21, 1993 Page 9 of 19 �1 COMMISSIONER SZABO MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 125A, a 7.11 acre parcel located along the north side near the mouth of the East Arm of Uganik Bay, from C-- Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated July 7, 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 U.S. Survey 125A, a 7.11 acre parcel located along the north side near the mouth of the East Arm of Uganik Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Program. The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. 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. P & Z Minutes: July 21, 1993 Page 10 of 19 4^3 COMMISSIONER FRIEND reiterated the fact that this tract is located in an area designated for Development with Restrictions, and that a Conditional use permit is required prior to development of intensive commercial land uses. G) Case 93-056. Request for a rezone, according to Section 17.72.030B (Manner of Initiation) of the Borough Code, Tracts A3 & A4, U.S. Survey 3879, two (2) - 10-acre parcels of land near Village Islands, from C--Conservation to RD--Rural Development. DUANE DVORAK indicated 29 public hearing notices were mailed for this case and 3 were returned, 2 opposing and 1 stating non -objection to 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 FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Tracts A-3 and A-4, U.S. Survey 3879, two ten (10) acre parcels of land located near Village Islands, Uganik Bay, from C-- Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated July 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; P & Z Minutes: July 21, 1993 Page 11 of 19 S 9 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 Tracts A-3 and A-4, U.S. Survey 3879, two ten (10) acre parcels located near Village Islands, Uganik Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Program. The tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. 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. COMMISSIONER SZABO reiterated the fact that this tract is located in an area designated for Development with Restrictions, and that a Conditional use permit is required prior to development of intensive commercial land uses. H) Case S93-018. Request for preliminary approval of the subdivision of Lot 1, Block 3, Kadiak Alaska Subdivision, First Addition, creating Lots lA - 1L, Block 3, Kadiak Alaska Subdivision, First Addition. 3382 Sharatin Road. DUANE DVORAK indicated 23 public hearing notices were mailed for this case and 2 were returned, 1 opposing and 1 stating non -objection to this request. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Block 3, Kadiak Alaska Subdivision, First Addition, creating Lots lA - 1L, Block 3, Kadiak Alaska Subdivision, First Addition, subject to the conditions of approval contained in the staff report dated July P & Z Minutes: July 21, 1993 Page 12 of 19 ft' 8, 1993 and to adopt the findings contained in the staff report dated July 8, 1993 as "Findings of Fact" for this case. The motion was seconded. CONDITIONS OF APPROVAL 1. Place notes on the final plat stating: "Further subdivision of Lots 1F, 1G, 1I, 1J, 1K and 1L is prohibited." "Lots 1F, 1G, 1I, 1J, 1K and 1L are restricted to single- family and duplex development." "The front setback for Lots 1F, 1G, 1I, 1J, 1K and 1L will be calculated from the rear or side lot line of the interior lot adjoining the flag stem access." 2. Flag stem access drives for Lots 1G and 1J will be relocated at least 31.5 feet outside of the extended right- of-way lines for Perenosa Drive. 3. Plat a five foot electrical utility easement along the frontage of Carroll Way and Sharatin Road. 4. The flag stem access for Lots 1F, 1I, 1J, 1K and 1L shall be designated electrical utility easements on the final plat. 5. Plat 30' flag stems for all flag lots in lieu of the plat note restricting development to single-family and duplex density. 6. Increase utility easement width across Lots 1F, and lI to 15 feet, or, relocate easement to common lot line with adjoining Lots 11 and 12, U.S. Survey 3100. FINDINGS OF FACT 1. This plat (with conditions) meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat (with conditions) 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 Commission discussed their concerns for adequate lot size for R3 development, adequate drainage, and the location of the nearest fire hydrant. COMMISSIONER FRIEND MOVED TO AMEND THE MAIN MOTION to delete the second line of the first recommended plat P & Z Minutes: July 21, 1993 Page 13 of 19 S6 note, restricting certain lots to single family and duplex development, and to add three (3) conditions. The amended conditions of approval would read as follows: 1. Place notes on the final plat stating: r-- "Further subdivision of Lots IF, 1G, 1I, W, 1K and 1L is prohibited." "The front setback for Lots 1F, 1G, 1I, W, 1K and 1L will be calculated from the rear or side lot line of the interior lot adjoining the flag stem access." 2. Flag stem access drives for Lots 1G and W will be relocated at least 31.5 feet outside of the extended right- of-way lines for Perenosa Drive. 3. Plat a five foot electrical utility easement along the frontage of Carroll Way and Sharatin Road. 4. The flag stem access for Lots 1F, 1I, W, lK and 1L shall be designated electrical utility easements on the final plat. 5. Plat 30' flag stems for all flag lots. .— 6. Increase utility easement width across Lots 1F, and II to 15 feet, or, relocate easement to common lot line with adjoining Lots 11 and 12, U.S. Survey 3100. 7. All lots must be developable to R-3--Multi Family Residential standards 8. A drainage plan must be submitted with final plat. 9. Plat must come back to the Planning and Zoning Commission for review, prior to final approval. 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. I) Case S91-020. Request for a two (2) year extension and approval of a revised preliminary plat, of the subdivision of Lot '— 26, U.S. Survey 3099, creating Lots 26A, 2613, 26C & 26D, U.S. Survey 3099. DUANE DVORAK indicated 21 public hearing notices were mailed for this case and none were returned. Staff recommended granting the extension request and preliminary approval of the revised plat, subject to conditions. Regular Session Closed. Public Hearing Opened: P & Z Minutes: July 21, 1993 Page 14 of 19 0 Leslie VanValkenberg appeared before the Commission and expressed support for this request. Scott Arndt appeared before the Commission and expressed concern for access to proposed Lots 26C and 26D bordering the right-of-way, which was blocked by 3 mobile homes which were located within the right-of-way. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT preliminary approval of a two (2) year extension and approval of a revised preliminary plat, of the subdivision of Lot 26, U.S. Survey 3099, creating Lots 26A, 26B, 26C & 26D, U.S. Survey 3099, subject to the revised conditions of approval contained in the staff report dated June 14, 1993, and to adopt the findings contained in the staff report dated June 14, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The warehouse on Lot 26A should be connected to public sewer and water. 2. Place a note on the plat restricting further connections to the 6" sewer service line crossing Lot 26B and 26D from Jackson Mobile Home Park's Lots 27 and 28. It would be in the best interest of the subdivider to have Jackson Trailer Court abandon this line and to tie into the 8" public sewer line that crosses Lot 27. 3. Address off-street parking needs, since existing parking relies on the road right-of-way along Spruce Cape Road. 4. Remove or remodel the lean-to on the mobile home on Lot 4 that encumbers Lot 26C and is within the utility easement. 5. Provide fifteen (15) foot utility easements adjacent to both the westerly boundary of Lot 26A and 26C and the easterly boundary of Lot 26B and 26D. This will allow utility access to the back lots when further development occurs. FINDINGS OF FACT 1. This plat (with conditions) meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat (with conditions) 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. P & Z Minutes: July 21, 1993 Page 15 of 19 SS The motion was seconded. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION to include the following additional condition: r— 6. Reconfigure plat to provide (minimum 20 foot) flagstems for access to Lots 26C and 26D from Spruce Cape Road. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER FRIEND MOVED TO AMEND THE MAIN MOTION to include the following additional condition: 7. Plat must come back to the Planning and Zoning Commission for review, prior to final approval. 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 A) Case 93-046. Findings of fact for the denial of a rezone of Lots 1-8, Block 47, and Lots 1-4, Block 48, East Addition, from R 1 --Single-family Residential to R-2--Two Family Residential. 1412-1424 and 1419-1425 Simeonoff, and 1411-1417 Zentner. COMMISSIONER SZABO MOVED TO ADOPT the following findings as "Findings of Fact" for Case 93-046. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from R 1 --Single-family Residential to R2--Two- family Residential is not needed and not justified because the R1--Single-family Residential zoning district permits development that: A. is consistent with the type of development generally indicated for this area in the comprehensive plan; B. is consistent with the expectations of a majority of the people who testified about this rezone; C. will not change the neighborhood character and aesthetics of the area; D. will not create any additional nonconforming uses in the rezone area; and, E. will not increase the traffic and parking potential in the area. P & Z Minutes: July 21, 1993 Page 16 of 19 C14 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from Rl-Single-family Residential to R2--Two-family Residential on Lots 1 through 8, Block 47 and Lots 1 through 4, Block 48, East Addition, is generally consistent with the 1968 comprehensive plan. Although the area is specifically designated Central School District, it is clear that over the passage of time the district is unlikely to acquire this area. There are no specific plans to acquire this area for school purposes in the foreseeable future. This rezone area is located on the edge of the school district designation. The area surrounding the school district designation is designated medium density residential, which includes both single- family and two-family residential density. Based on the written public comments received and the testimony at the public hearing, a majority of people in the area do not believe that an increase in density to two-family residential is appropriate at this time. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS A) Case 93-053. Request for a waiver from requirements according to Section 16.110.010 of the Borough Code, to allow a flag stem in a proposed subdivision to be less than the required 30' width, on proposed Lot 6B, Block 14, Kodiak Townsite. COMMISSIONER FRIEND MOVED TO APPROVE a waiver from requirements according to Section 16.110.010 of the Borough Code, to allow a flag stem access in a proposed subdivision to be less than the required 30 feet in width, on proposed Lot 613, Block 14, Kodiak Townsite, and to adopt the findings contained in the staff report dated June 22, 1993 as "Findings of Fact" for this case. FINDINGS OF FACT 1. A type I flag stem with a thirty (30) foot width would not provide practical vehicle access to Lot 6B. 2. A thirty (30) foot flag stem will reduce the improvement created on this plat by making Lot 6A or 6C nonconforming. 3. Consolidation of five (5) lots into the four (4) lots proposed is an improvement to the land pattern in the area. P & Z Minutes: July 21, 1993 Page 17 of 19 to 4. The land pattern resulting from this replat is consistent with the characteristics of the surrounding area. The motion was seconded and CARRIED by unanimous voice vote. B) Case 93-057. Review by the Planning and Zoning Commission of a disposal of an interest in land for fair market value, consisting of a portion of Three Sisters Road right-of- way, by Lot 3, Block 3, Mountain View Subdivision, Second Addition. 2046 Three Sisters Way. 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 93-057. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That, the disposal by permit, for fair market value, of a portion of the Three Sisters Way right-of-way adjacent to Lot 3, Block 3, Mountain View Subdivision 2nd Addition, to accommodate an existing well, is recommended for approval by the Borough Assembly subject to the following conditions of approval: 1. The permit is revocable at any time. 2. The Borough will be held harmless. 3. Should a new well be installed, it will be located on Lot 3, Block 3, Mountain View Subdivision 2nd Addition. 4. The license will be recorded and made part of the property's permanent record. The motion was seconded and CARRIED by unanimous roll call vote. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through F of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated June 21, 1993 to interested citizens and property owners, RE: Kodiak Island Borough Urban Islands Comprehensive Plan B) Letter dated July 7, 1993 to Mobile Home Park Owners from Linda Freed, RE: proposed changes to regulations for mobile home parks. C) Letter dated July 9, 1993 to William and Carole Bardot and Yeshi Benyamin from Bob Scholze, RE: boarding house P & Z Minutes: July 21, 1993 Page 18 of 19 91 operation on Space 10, Lot 1, Block 6, U.S. Survey 3066AB (Cove Trailer Park). D) Letter dated July 6, 1993 to Paul Hansen from Bob Scholze, RE: Illegal dwellings on Lot 6A, Block 7, Miller Point Alaska Subdivision. E) Memorandum dated June 21, 1994(?) to various government agencies and officials, from Alex Viterl Jr., Manager, Domestic Wastewater Treatment Program, RE: Domestic Wastewater Work, FY94. F) Horseshoe Lake Community Association Newsletter dated July 13, 1993. There were no further communications. X. REPORTS COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of the May and June, 1993 Community Development Department Monthly Status 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 There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 9:20. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By:o— Eileen Probasco, Secretary Community Development Department DATE APPROVED: August 18, 1993 P & Z Minutes: July 21, 1993 Page 19 of 19