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1993-05-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -MAY 19, 1993 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Vice Chair Jerrol Friend on May 19, 1993 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Jon Aspgren Duane Dvorak, Associate Planner Jerrol Friend, Vice Chair Community Development Dept. Clay Koplin Eileen Probasco, Secretary Tom Peterson Community Development Dept. Commissioners Absent: Pat Szabo - Excused Jody Hodgins - Excused Tuck Bonney - Ecxused A quorum was established. III. APPROVAL OF AGENDA Staff reported the following changes to the agenda: DELETIONS: VI PUBLIC HEARINGS M) CASE: S93-016 APPLICANT: Joseph O'Donnoghue AGENT: Robert Tarrant REQUEST: Preliminary approval of the subdivision of Lot 3, Block 3, Bells Flats Alaska Subdivision, creating Lots 3A, 313, and 3C, Block 3, Bells Flats Alaska Subdivision. LOCATION: 1042 Sargent Creek Road ZONING: RR1--Rural Residential One After staff review of this preliminary plat, some revisions were made to change the status to an ABBREVIATED PLAT PROCEDURE. ADDITIONS: IX COMMUNICATIONS F) City of Kodiak, Resolution Number 16-93, A Resolution of the Council of the City of Kodiak, Clarifying, Ratifying, and P & Z Minutes: May 19, 1993 Page I of 21 Extending Existing Policy Concerning Restrictions on New Hookups to the City Sewer and Waste Treatment System. G) Letter dated March 30, 1993 to Walter Russell, Planning Director, Northwest Arctic Borough, from Copeland, Landye, Bennett and Wolf, RE: Court Decision upholding Mat -Su .- Borough Zoning Decision to deny a Conditional Use Permit to Lazy Mountain Land Club. H) Letter dated May 17, 1993 to local surveyors and various native corporations, from Linda Freed, RE: Invitation to June 2, 1993 Planning and Zoning Commission regular worksession, concerning proposed revisions to the waiver procedure in the KIB Code. COMMISSIONER KOPLIN 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 ASPGREN MOVED TO ACCEPT the minutes of the April 21, 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 Lee James, owner of Lots 19-21, Block 3, New Kodiak Subdivision, appeared before the Commission and expressed his opposition to Case 93-013. He was concerned about the present parking situation, impact on the values of surrounding properties, and maintaining the current B--Business zoning without exception to the rules. Jim Fisk appeared before the Commission and expressed support for Case 93-013. Bill Bishop, owner of the subject lot for Case 93-013, appeared before the Commission to answer questions, to explain that he had complied with previous conditions required by the Commission, and to express support for this request. A) Case 93-013. Planning and Zoning Commission review and finding, pursuant to Section 17.57.050 (Off -Street Parking -- Location) of the Borough Code, that it is impractical to locate all the required parking spaces on Lot 18, Block 3, New Kodiak Subdivision, or on any contiguous lot, and permitting them to be located within six hundred feet of the principal building or use, on Tract N22, City Tidelands (Postponed and revised from the March 17, and April 21, 1993 regular meetings). COMMISSIONER PETERSON MOVED TO DETERMINE that the freezer van attached to the structure on Lot 18, Block 3, New Kodiak Subdivision is permitted as a legitimate addition of floor area in support of a retail use, provided that the addition does not reduce the number of required off-street parking spaces to less than five (5) spaces and that any additional P & Z Minutes: May 19, 1993 Page 2 of 21 spaces, related to the additional floor area, are provided for in an approved parking plan. The motion was seconded. COMMISSIONER KOPLIN was concerned about the freezer van complying with the UBC and the fact that zoning compliance was not obtained before it was moved into its current location. The motion was voted upon and FAILED by a vote of 3-1. COMMISSIONER KOPLIN voted no. COMMISSIONER ASPGREN MOVED TO FIND that it is impractical to locate all the required parking spaces for the use and commercial structure on Lot 18, Block 3, New Kodiak Subdivision and to permit three (3) parking spaces in support of the use on Lot 18 to be located on City Tidelands Tract N22. The basis for this finding is that the structure on Lot 18, Block 3 New Kodiak Subdivision is nonconforming due the inadequate lot area around the structure to provide for the use of the structure and the necessary off-street parking. In addition, the three (3) spaces to be relocated will comply with all applicable parking codes and conditions of approval required by the Commission to ensure compliance with the specific provisions of Section 17.57.050 of the Borough Code. CONDITIONS OF APPROVAL 1. A parking plan will be submitted for review and approval by the Community Development Department within 10 days of Commission approval of an alternate parking location. 2. The parking agreement will be modified to include the legal description of the lot where the parking spaces will be located (Tract N22, City Tidelands). 3. Signs will be posted at both the Lot 18 and Tract N22 parking areas clearly identifying the use which the parking areas support and the parking location in relation to the use. 4. Supporting documentation will be provided to show the relationship of Majdic Enterprises to the owners of record of Tract N22. The motion was seconded. COMMISSIONER KOPLIN expressed his concern for this request, in that he felt uncomfortable determining the status on the freezer van before taking action on the parking plan. The Commission discussed the series of events and the fact that, had the freezer van not been placed where it currently is, the extra parking would not be needed. The question was called and the MOTION was voted upon and CARRIED by unanimous roll call vote. P & Z Minutes: May 19, 1993 Page 3 of 21 3 COMMISSIONER PETERSON MOVED TO RECONSIDER the original motion on Case 93-013 concerning the determination on the freezer van. The motion to reconsider was seconded and CARRIED by unanimous roll call vote. COMMISSIONER PETERSON MOVED TO RECONSIDER THE PARKING MOTION AND TO ADD the following condition number 5 to the original 4 conditions concerning the parking: 5. The freezer van will be removed upon conclusion of the 2 year parking agreement. The motion was seconded and CARRIED by unanimous roll call vote. (NOTE: No vote was taken on the reconsidered motion. The item is therefore entered on the minutes for action at the next meeting). Staff pointed out that the motion to reconsider the determination on the freezer van had been approved and therefore, the question was currently on the floor, and needed to be voted upon. The MOTION TO DETERMINE that the freezer van attached to the structure on Lot 18, Block 3, New Kodiak Subdivision is permitted as a legitimate addition of floor area in support of a retail use, provided that the addition does not reduce the number of required off-street parking spaces to less than five (5) spaces and that any additional spaces, related to the additional floor area, are provided for in an approved parking plan was voted upon, and CARRIED by unanimous roll call vote. SEE PAGE 21, COMMISSIONER COMMENTS, OF THESE MINUTES FOR FURTHER COMMENTS ON THIS CASE. There were no further audience comments or appearance requests. There was a five (5) minute recess. VI. PUBLIC HEARINGS A) Case 93-036. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, ASLS 86-91, a 4.89 acre parcel of land on the south shore of Ugak Bay from WH--Wildlife Habitat to RD--Rural Development. Generally located on the southwest shore of Ugak Bay on the east side of Kodiak Island. DUANE DVORAK indicated 19 public hearing notices were mailed for this case and none were returned. Staff recommended forwarding this request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: P & Z Minutes: May 19, 1993 Page 4 of 21 y Joyce Healey, property owner, appeared before the Commission and to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. r— COMMISSIONER PETERSON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of ASLS 86-91, a 4.89 acre parcel of land located along the south shore of Ugak Bay, from WH--Wildlife Habitat to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from WH--Wildlife Habitat 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 nonconforming 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 the 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 WH--Wildlife Habitat to RD-- Rural Development on a ASLS 86-91, a 4.89 acre tract located along the south shore of Ugak Bay, is generally consistent with the applicable 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 commercial development of a lot smaller than five (5) acres in the RD- -Rural Development zone. This will allow the placement of stipulations on future approvals subject to Planning P & Z Minutes: May 19, 1993 Page 5 of 21 S' and Zoning Commission review. Such review will insure consistency with the policies of the Kodiak Island Borough Coastal Management Program. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 93-037. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of TL 1806, located within T30S, R28W, a 10 acre parcel of land in Zachar Bay, from C--Conservation to RD--Rural Development. Generally located on Carlsen point, in Zachar Bay, on the west side of Kodiak Island. DUANE DVORAK indicated 24 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: Lani Carlsen, property owner, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KOPLIN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Tax Lot 1806, T30S, R28W, a 10 acre parcel located near Carlsen Point in Zachar Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 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 nonconforming 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: May 19, 1993 Page 6 of 21 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 the 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 Tax Lot 1806, T30S, R28W, a 10 acre parcel located near Carlsen Point in Zachar Bay, is generally consistent with the applicable 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 commercial development of 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 93-038. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1973, a 6.83 acre parcel of land in Zachar Bay, from C-- Conservation to RD--Rural Development. Generally located in Zachar Bay, on the west side of Kodiak Island. 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: Martin Eaton, property owner, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 1973, a 6.83 acre tract located along the north shore of Zachar Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 1993, as "Findings of Fact" for this case. P & Z Minutes: May 19, 1993 Page 7 of 21 7 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 nonconforming 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 the 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 1973, a 6.83 acre tract located along the north shore of Zachar Bay, is generally consistent with the applicable 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 commercial development of 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 r Borough Coastal Management Program. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 93-039. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of a 5 acre parcel of land located on Whale Island, within Section 9 of T26S, R22W, from C--Conservation to RD--Rural Development. Generally located on the south shore of Whale Island, north of Kodiak Island. P & Z Minutcs: May 19, 1993 Page 8 of 21 r-- DUANE DVORAK indicated 7 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: Bob May, property owner, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of a five (5) acre tract located along the south shore of Whale Island along Whale Passage, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 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 nonconforming 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 the 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 a five (5) acre tract located along the south shore of Whale Island along Whale Passage, is P & Z Minutes: May 19, 1993 Page 9 of 21 generally consistent with the applicable 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 commercial development of 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. E) Case 93-040. Request for rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1855, a 6.4 acre parcel of land in Deadman's Bay, from C--Conservation to RD--Rural Development. Generally located in Deadman's Bay on the south end of Kodiak Island. DUANE DVORAK indicated 20 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 KOPLIN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 1855, a 6.4 acre tract located along the eastern shore of Deadmans Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 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 nonconforming uses or structures; P & Z Minutes: May 19, 1993 Page 10 of 21 10 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 the 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 1855, a 6.4 acre tract located along the eastern shore of Deadmans Bay, is generally consistent with the applicable 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 commercial development of 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. F) Case 93-041. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tract I, ASLS 71-3, a 4.56 acre parcel of land in Ugak Bay, from WH-- Wildlife Habitat to RD--Rural Development. Generally located along the south shore of Ugak Bay on the east side of Kodiak Island. DUANE DVORAK indicated 29 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: May 19, 1993 Page 11 of 21 COMMISSIONER PETERSON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Tract I, ASLS 71-3, a 4.56 acre parcel of land located along the south shore of Ugak Bay, from WH--Wildlife Habitat to RD-- Rural Development; and to adopt the findings contained in the staff report dated May 4, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from WH--Wildlife Habitat 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 nonconforming 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 the 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 WH--Wildlife Habitat to RD-- Rural Development on Tract I, ASLS 71-3, a 4.56 acre tract located along the south shore of Ugak Bay, is generally consistent with the applicable 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. A conditional use permit is required prior to commercial development of lots smaller than five (5) acres 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 insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. P & Z Minutes: May 19, 1993 Page 12 of 21 The motion was seconded and CARRIED by unanimous roll call vote. G) Case 93-042. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of ASLS 75-147, a 4.13 acre parcel of land in Ugak Bay from WH-- Wildlife Habitat to RD--Rural Development. Generally located along the south shore of Ugak Bay on the east side of Kodiak Island. DUANE DVORAK indicated 13 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 PETERSON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of ASLS 75-147, a 4.13 acre parcel of land located along the south shore of Ugak Bay, from WH--Wildlife Habitat to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 1993, as "Findings of Fact' for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from WH--Wildlife Habitat 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 nonconforming 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; P & Z Minutes: May 19, 1993 Page 13 of 21 13 F. will be coordinated with the 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 WH--Wildlife Habitat to RD-- Rural Development on ASLS 75-147, a 4.13 acre tract located along the south shore of Ugak Bay, is generally consistent with the applicable 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 commercial development of lots smaller than five (5) acres 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 insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. The motion was seconded and CARRIED by unanimous roll call vote. H) Case 93-043. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of ASLS 75-11, a 5 acre parcel of land in Hidden Basin, from C-- Conservation to RD--Rural Development. Generally located along the west shore of Hidden Basin, in Ugak Bay, on the east side of Kodiak Island. DUANE DVORAK indicated 46 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. r COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of ASLS 75-11, a five (5) acre tract, located along the western shore of Hidden Basin, at the head of Ugak Bay, from C-- Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. P & Z Minutes: May 19, 1993 Page 14 of 21 1 y 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 nonconforming 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 the 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 ASLS 75-11, a five (5) acre tract, is generally consistent with the applicable 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 commercial development of 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 insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. The motion was seconded and CARRIED by unanimous roll call vote. I) Case 93-044. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of ASLS 90-151, a 3.46 acre parcel of land in Ugak Bay from WH-- Wildlife Habitat to RD--Rural Development. Generally located in Ugak Bay on the east side of Kodiak Island. DUANE DVORAK indicated 22 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. P & Z Minutes: May 19, 1993 Page 15 of 21 IS- Regular Session Closed. Public Hearing Opened: John Boeck, property owner, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER PETERSON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of ASLS 90-151, a 3.46 acre parcel of land located along the south shore of Ugak Bay, from WH--Wildlife Habitat to RD--Rural Development; and to adopt the findings contained in the staff report dated May 4, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from WH--Wildlife Habitat 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 nonconforming 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 the 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 WH--Wildlife Habitat to RD-- Rural Development on ASLS 90-151, a 3.46 acre tract located along the south shore of Ugak Bay, is generally consistent with the applicable 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 commercial P & Z Minutes: May 19, 1993 Page 16 of 21 16 development of lots smaller than five (5) acres 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 insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. The motion was seconded and CARRIED by unanimous roll call vote. J) Case S93-002. Request for preliminary approval of the subdivision of a Portion of Lot 2, U.S. Survey 2539, and Tract I, U.S. Survey 444, consisting of approximately 440 acres, creating Lots 1 - 42, Cliff Point Estates. North of the Chiniak Road, past Womans Bay. DUANE DVORAK indicated 7 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request until the June 16, 1993 regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER PETERSON MOVED TO POSTPONE ACTION on Case 93-002 and reschedule this case for another public hearing at the next regular meeting on June 16, 1993. The motion was seconded and CARRIED by unanimous roll call vote. K) Case S93-008. Request for preliminary approval of the subdivision of Tract D, U.S. Survey 4947 and 2261 on Near Island, creating Tracts D-1, D-2, D-3 and D-4, U.S. Survey 4947. DUANE DVORAK indicated 64 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request. Regular Session Closed. r— Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the subdivision of Tract D, U.S. Survey 4947 and 2261 on Near Island, creating Tracts D-1, D-2, D-3 and D-4, U.S. Survey 4947; and to adopt the findings contained in the P & Z Minutes: May 19, 1993 Page 17 of 21 17 staff report dated May 12, 1993, as "Findings of Fact" for this case. 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. L) Case S93-015. Request for preliminary approval of the commercial tract subdivision of Tract S-5A-1, U.S. Survey 3218, creating Commercial Tracts 1 - 10, Tract S-5A-1, U.S. Survey 3218. 2675 Mill Bay Road. DUANE DVORAK indicated 27 public hearing notices were mailed for this case and none were returned. 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 ASPGREN MOVED TO GRANT preliminary approval of the commercial tract subdivision of Tract S-5A-1, U.S. Survey 3218, creating Commercial Tracts 1 - 10, Tract S- 5A-1, U.S. Survey 3218; subject to the conditions of approval contained in the staff report dated May 12, 1993 and to adopt the findings contained in the staff report dated May 12, 1993 as "Findings of Fact" for this case. 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. P & Z Minutes: May 19, 1993 Page 13 of 21 1 8 CONDITIONS OF APPROVAL 1. Place a note on the final plat to provide for common parking and access to the site by all commercial tract owners and commercial developments that may share the site, subject to review and approval by the Community Development Department. 2. Provide utility and drainage plans to the KIB Engineering and Facilities department, as requested in the memorandum dated April 30, 1993, for review and approval prior to final approval of the plat. The motion was seconded and CARRIED by unanimous roll call vote. M) This subdivision case was deleted from the agenda and processed as an ABBREVIATED PLAT. N) Case 93-035. Review by the Planning and Zoning Commission of the Public Hearing Draft of the Urban Islands Comprehensive Plan (Postponed from the April, 1993 regular meeting). DUANE DVORAK indicated that no public hearing notices were mailed this month as they were mailed last month, but that notice of the public hearing was published in the local newspaper. Staff recommended forwarding this plan 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 PETERSON MOVED TO FORWARD the Public Hearing Draft of the Urban Islands Comprehensive Plan (dated April, 1993) to the Borough Assembly recommending approval. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Case 90-075. Proposed revisions to Chapter 17.26 (Mobile Home Parks) of the Borough Code. DUANE DVORAK reported that at the last worksession, the Commission felt they needed to have another worksession on these proposed revisions before sending them to the Assembly. P & Z Minutes: May 19, 1993 Page 19 of 21 iq COMMISSIONER PETERSON MOVED TO POSTPONE ACTION on Case 90-075 until the June 16, 1993 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. There was no new business. IX. COMMUNICATIONS COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE RECEIPT of items A through H of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Minutes from the February 23, 1993 KIB Parks and Recreation Committee Meeting B) Letter dated April 22, 1993 to David Chatfield from Bob Scholze, RE: Outdoor Storage and Used Car Sales Lot, on Lot 32 and Ptn. 33, Block 3, Erskine Addition (208 Rezanof Drive) C) Letter dated April 22, 1993 to Matt Shadle from Bob Scholze, RE: Outdoor storage and Used Car Lot Sales, on Lot 1A, Block 1, Woodland Acres Subdivision 2nd Addition (3438 Woodland Drive) D) Letter dated April 23, 1993 to Michael and Karen King from Bob Scholze, RE: Illegal fishing gear storage on Lot 3D, Block 1, Bells Flats Alaska Subdivision (366 Pavloff Circle) E) Letter dated April 23, 1993 to Brent Arndt from Bob Scholze, RE: Illegal fishing gear storage on Lots 7 & 8, Block 1, Island Lake Subdivision (3189 & 3175 Arctic Tern) F) City of Kodiak, Resolution Number 16-93, A Resolution of the Council of the City of Kodiak, Clarifying, Ratifying, and Extending Existing Policy Concerning Restrictions on New Hookups to the City Sewer and Waste Treatment System. G) Letter dated March 30, 1993 to Walter Russell, Planning Director, Northwest Arctic Borough, from Copeland, Landye, Bennett and Wolf, RE: Court Decision upholding Mat -Su Borough Zoning Decision to deny a Conditional Use Permit to Lazy Mountain Land Club. H) Letter dated May 17, 1993 to local surveyors and various native corporations, from Linda Freed, RE: Invitation to June 2, 1993 Planning and Zoning Commission regular worksession, concerning proposed revisions to the waiver procedure in the KIB Code. There were no further communications. X. REPORTS COMMISSIONER KOPLIN 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. P & Z Minutes: May 19, 1993 Page 20 of 21 There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER PETERSON stated that his intention, in adding Condition of Approval #5 to Case 93-013, was to draw a balance between both views on this request, by setting the two year time limit on the use of the freezer van, which would hopefully allow the property owner enough time to come up with an alternate solution or option to solving the parking problem, while still acknowledging the concerns of the neighboring property owner. IT WAS DETERMINED AFTER THE MEETING, THAT IN ORDER FOR THE RECONSIDERATION OF THE VOTE ON THE STATUS OF THE FREEZER VAN TO BE VALID, COMMISSIONER KOPLIN NEEDED TO MAKE THE MOTION TO RECONSIDER. COMMISSIONER KOPLIN TOLD STAFF THAT HE WOULD SUBMIT A LETTER TO THE COMMISSION ON THE FOLLOWING DAY, REQUESTING THE RECONSIDERATION AT THE NEXT PLANNING AND ZONING COMMISSION REGULAR MEETING. XIII. ADJOURNMENT VICE CHAIR FRIEND adjourned the meeting at 9:35 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION r ' ( Jowly Hodg' s„Chair ATTEST i / By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: June 16, 1993 P & Z Minutes: May 19, 1993 Page 21 of 21 a