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1993-04-21 Regular MeetingI. II. III KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 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 April 21, 1993 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jody Hodgins, Chair Jon Aspgren Tuck Bonney Jerrol Friend Tom Peterson Pat Szabo Commissioners Absent: Clay Koplin, Excused A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following changes to the agenda: DELETIONS: VI PUBLIC HEARINGS P) CASE: 93-034 APPLICANT: Kodiak Island Borough REQUEST: Review by the Planning and Zoning Commission of a disposal of an interest in land for fair market value, consisting of a portion of South Russian Creek Road right-of- way, near proposed Lot 913-1, Russian Creek Subdivision. LOCATION:12756 Noch Drive. ZONING: RR1--Rural Residential One This case was deleted as a public hearing item, and moved to the NEW BUSINESS section of this agenda. X REPORTS B) Community Development Department Plat Activity Report KIBS227876 P & Z Minutes: April 21, 199R 3 Page 1 of 25 This report has been incorporated into Reports Item A, as part of the Community Development Department Monthly Status Report. ADDITIONS: VIII NEW BUSINESS r— A) CASE: 93-034 APPLICANT: Kodiak Island Borough REQUEST: Review by the Planning and Zoning Commission of a disposal of an interest in land for fair market value, consisting of a portion of South Russian Creek Road right-of- way, near proposed Lot 913-1, Russian Creek Subdivision. LOCATION:12756 Noch Drive. ZONING: RR1--Rural Residential One IX COMMUNICATIONS A) City of Kodiak Policy, RE: Water/Sewer Hookup Moratorium, signed by Gary Bloomquist, City Manager, dated April 10, 1991, revised March 12, 1993. B) Minutes from the KIB Parks and Recreation Committee meeting dated November 3, 1992. C) Newsletter dated April 9, 1993 for the first meeting of the Horseshoe Lake Community Association, D) Letter dated April 21, 1993 to Harry and Hazel Ardinger from Bob Scholze, RE: Construction without permits on U.S. Survey 2110 (Crooked Island). COMMISSIONER FRIEND MOVED TO ACCEPT the agenda with the changes reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the March 17, 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 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 N26 & N2913, City Tidelands (Postponed from the March 17, 1993 regular meeting). KIBS227877 P & Z Minutes: April 21, 199P Page 2 of 25 DUANE DVORAK explained that the property owner was able to secure alternate parking, but not for the period of time originally required by the Commission as a condition of approval. He explained that the Commission had 3 options; 1. Approve the request with or without conditions of approval; 2. Postpone the request until the May meeting to allow the applicant additional time to negotiate a revised agreement with the owner of Tract N2613; or, 3. Deny the request. Staff made no recommendation. Bill Bishop, property owner, appeared before the Commission and stated that he had been working with another nearby property owner, that of Tract N22, to secure an adequate parking agreement as required by the Commission. He requested action on this case be postponed until the May 19, 1993 regular meeting to allow additional time to comply with the conditions suggested by the Commission. COMMISSIONER ASPGREN MOVED TO POSTPONE action on Case 93-013 until the May 19, 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 93-022. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tract A-1, U.S. Survey 3879, consisting of 10.2 acres, from C-- Conservation to RD--Rural Development. Near Village Islands, on the west side of Uganik Bay. DUANE DVORAK indicated 30 public hearing notices were mailed for this case and 6 were returned, 4 stating opposition or concern, and 2 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: Don Fox, acting as agent for the applicants, appeared before the Commission and expressed support for this request, as the applicants were not able to attend the public hearing. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Tract A-1, U.S. Survey 3879, a 10.2 acre parcel of land located near Village Islands, Uganik Bay, from C--Conservation to RD-- P & Z Minutes: April 21, 19913 KIBS227878 Page 3 of 25 Rural Development; and to adopt the findings contained in the staff report dated April 12, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from C--Conservation to RD--Rural Development is needed and justified because the RD--Rural Development zoning district permits development that: A. is consistent with the type of development that private land owners increasingly want to develop in remote areas of the Borough; B. will not increase the nonconformity of any existing uses or structures; C. must be setback from marine and anadromous waters unless the use developed is water - dependent; D. will result in a sensible and efficient use of coastal lands; E. allows for a balance of uses, due to the range of uses permitted, which will not favor short run gains at the expense of long-term benefits, and; F. will be coordinated with all applicable State and federal agencies, to the appropriate extent, when new development occurs. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan A change of zoning from C--Conservation to RD--Rural Development on Tract A-1, U.S. Survey 3879, a 10.2 acre tract located near Village Islands, Uganik 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 insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 93-023. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tract B, ASLS 75-33, consisting of 4.59 acres, from WH--Wildlife Habitat to RD--Rural Development. Generally located on the south shore of Ugak Bay, on the east side of Kodiak Island. KIBS227879 P & Z Minutes: April 21, 199t3 Page 4 of 25 DUANE DVORAK indicated 26 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: Willie Heinrichs, applicant, appeared before the Commission to answer questions and to express 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 75-33, a 4.59 acre parcel of land located along the south shore of the northwest arm of Ugak Bay, from WH--Wildlife Habitat to RD--Rural Development; and to adopt the findings contained in the staff report dated April 12, 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 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 WH--Wildlife Habitat to RD-- Rural Development on ASLS 75-33, a 4.59 acre tract located along the south shore of the northwest arm of Ugak Bay, is generally consistent with the applicable KIBS227880 P & Z Minutes: April 21, 199f3 Page 5 of 25 policies of the Kodiak Island Borough Coastal Management Program. The KIBCMP is an adopted component of the Kodiak Island Borough's comprehensive plan. This tract of land is located in an area designated for Development. 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. C) Case 93-024. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 2584, consisting of 4.72 acres, from C--Conservation to RD--Rural Development. Generally located on Sevenmile Beach, near Karluk, on the west side of Kodiak Island. DUANE DVORAK indicated mailed for this case and 2 stating concern for this forwarding this request to recommendation of approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. 16 public hearing notices were were returned, 1 in favor and 1 request. Staff recommended the Borough Assembly with a COMMISSIONER SZABO MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 2584, a 4.72 acre parcel of land located at Seven Mile Beach along the Shelikof Strait, from C--Conservation to RD-- Rural Development; and to adopt the findings contained in the staff report dated April 12, 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; KIBS227881 P & Z Minutes: April 21, 19923 Page 6 of 25 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 2584, a 4.72 acre tract located on Seven Mile Beach along the Shelikof Strait, 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. D) Case 93-025. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of a ten (10) acre parcel of land located on Thumb Lake, from C-- Conservation to RD--Rural Development. Generally located on the northwest shore of Thumb Lake, on the south west side of Kodiak Island. DUANE DVORAK indicated 12 public hearing notices were mailed for this case and 1 was returned, requesting additional information. Staff recommended forwarding this request to the Borough Assembly with a recommendation of approval. Regular Session Closed. Public Hearing Opened: John Merrick, representative of KONIAG, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. KIBS227882 P & Z Minutes: April 21, 199A Page 7 of 25 r- COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of a 10 acre parcel, as described by aliquot parts description, located near Thumb Lake, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated April 14, 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 a 10 acre tract located near Thumb Lake, 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, E) Case 93-026. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of a 37.2 acre parcel of land located on Camp Island, in Karluk KIBS227883 P & Z Minutes: April 21, 199ts Page 8 of 25 Lake, from C--Conservation to RD--Rural Development. Generally located on Karluk Lake on the south west side of Kodiak Island. DUANE DVORAK indicated 12 public hearing notices were mailed for this case and 1 was returned, requesting more information. 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 a proposed 37.2 acre parcel, described as Camp Island, excepting therefrom Tracts 1 and 2, U.S. Survey 10689, located on Karluk Lake, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated March 14, 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 a proposed 37.2 acre parcel located on Camp Island on Karluk Lake, is generally consistent with KIBS227884 P & Z Minutes: April 21, 199p Pagel) of 25 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 Program. The motion was seconded and CARRIED by unanimous roll call vote. F) Case 93-027. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of a 52.5 acre parcel of land located on the Karluk River, from C-- Conservation to RD--Rural Development. Generally located on the Karluk River. DUANE DVORAK indicated 12 public hearing notices were mailed for this case and 1 was returned requesting more information. 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 a 52.5 acre parcel, as described by aliquot parts description, located along the Karluk River, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated April 14, 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; KIBS227885 P & Z Minutes: April 21, 19943 Page 10 of 25 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 &-Conservation to RD--Rural Development on a 52.5 acre tract located along the Karluk River, 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. G) Case 93-028. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of a 40 acre parcel of land located on the northwest shore of Karluk Lake, from C--Conservation to RD--Rural Development. Generally located on the northwest shore of Karluk Lake. DUANE DVORAK indicated 12 public hearing notices were mailed for this case and 1 was returned requesting additional information. 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 a 40 acre parcel, as described by aliquot parts description, located ffiBS227886 P & Z Minutes: April 21, 19913 Page 11 of 25 along the northern shore of Karluk Lake near the outlet of the Karluk River, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated April 14, 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 a proposed 40 acre parcel located along the northern shore of Karluk Lake near the outlet of the Karluk River, 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. H) Case 93-029. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1858, consisting of 9.12 acres, from C--Conservation to KIBS227887 P & Z Minutes: April 21, 199P 'age 12 0125 RD--Rural Development. Generally located on the shore of 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 FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 1858, a 9.12 acre parcel of land located along the western shore of Deadman's Bay, from C--Conservation to RD-- Rural Development; and to adopt the findings contained in the staff report dated April 12, 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 1858, a 9.12 acre tract located along the western shore of Deadman's Bay, is generally consistent with the applicable policies of the KIBS227888 P & Z Minutes: April 21, 199Q3 Page 13 o125 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 93-030. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1914, consisting of 5.81 acres, from C--Conservation to RD--Rural Development. Generally located in Zachar Bay on the west side of Kodiak Island. DUANE DVORAK indicated 15 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: Cathy Cordry appeared before the Commission and presented staff with a corrected drawing of actual location of the structures on the lot. She expressed 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 1914, a 5.81 acre parcel of land located along the northern shore of Zachar Bay, from C--Conservation to RD-- Rural Development; and to adopt the findings contained in the staff report dated April 13, 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; KIBS227889 P & Z Minutes: April 21, 199J3 Page 14 of 25 r— 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 1914, a 5.81 acre tract located along the northern 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 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 93-031. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of a portion of U.S. Survey 2735, Middle Bay, from B--Business to RR1--Rural Residential One. 22077 Chiniak Highway. DUANE DVORAK indicated 9 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: Jay Johnston, applicant, appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO FORWARD the rezone of a portion of U.S. Survey 2735, Middle Bay, comprising 1.15 KIBS227890 P & Z Minutes: April 21, 199fd Page 15 of 25 acres, from B--Business to RR1--Rural Residential One, to the Borough Assembly with a recommendation for approval. 1. Findings as to the Need and Justification for a change or Amendment. The rezone of a Portion of U.S. Survey 2735, comprising 1.15 acres, from B--Business to RR1--Rural Residential One is necessary and justified because the RR1--Rural Residential One zoning district permits development that: A. is consistent with other residential developments in the surrounding area. B. will not create any nonconforming land uses when the applicant completes the conversion of the one existing structure to residential use. C. will reduce the potential traffic that could be generated on the Chiniak Road. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from B--Business to RR1--Rural Residential One, on a Portion of U.S. Survey 2735 is not addressed in the 1968 Kodiak Island Borough Comprehensive Plan. This request was evaluated under the enforceable policies of the Kodiak Island Borough Coastal Management Program and found to be "not applicable" for the most part. The motion was seconded and CARRIED by unanimous roll call vote. K) Case 93-032. Request for a rezone, according to Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tracts A5, A6, B, E, and F, Unit 5, Kadiak Alaska Subdivision, from R-2--Two Family Residential to R-3--Multi Family Residential. 2956 - 3100 Woody Way Loop. DUANE DVORAK indicated 57 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: Jay Johnston, applicant, appeared before the Commission to answer questions and to express support for this request. There was discussion between the Commissioners and Mr. Johnston concerning the proposed use of Tract A5 if it were zoned R2 versus being zoned R3. Mr. Johnston stated that if the zoning remained R2, he would proceed with his pending subdivision plan, and eventually build 5 duplexes on the tract. If it were rezoned to R3, he would pursue prior discussions with KIBS227891 P & Z Minutes: April 21, 1990 Page 16 of 25 Kodiak Island Housing Authority about the possibility of them purchasing the tract from him for the purpose of building a Senior Citizens housing unit on the tract. Karen King, Executive Director of the Kodiak Island Housing Authority, appeared before the Commission to answer questions concerning the Housing Autority's existing housing complex, the exception under which they were operating on Tracts B and E, and to express support for this rezone request. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO FORWARD this request to the Borough Assembly with a recommendation to rezone Tracts A-5, A-6A, A-613, B, E and F, Unit 5, Kadiak Alaska Subdivision, from R-2--Two Family Residential to R-3--Multi Family Residential, and to adopt the findings in the staff report dated March 25, 1993 as "findings of fact" for this case. 1. Findings as to the Need and Justification for a change or Amendment. The rezone of Tracts A-5, A-6A, A-613, B, E and F, Unit 5, Kadiak Alaska Subdivision, from R-2--Two Family Residential to R-3--Multi Family Residential is necessary and justified because the R3--Multifamily Residential zoning district permits development that: A. is consistent with the development already existing on the overall site and specifically consistent with the multifamily residential development that was developed as a result of Exception Z-81-010. B. will not create any nonconforming land uses in the area identified for rezone. C. will not generate a substantial increase in vehicular traffic or interfere with vehicle traffic on Woody Way Loop. D. will create a geographically distinct multifamily residential zone bounded by right-of-ways, drainages, physical berms and existing church development that provides for a compact, contiguous area surrounding the existing multifamily residential development. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan A change of zoning from R2--Two-family Residential to R3--Multifamily Residential for Tracts A-5, A-6A, A-613, B, E, and F, Unit 5, Kadiak Alaska Subdivision is not consistent with the objectives of the 1968 comprehensive plan. Clearly this request should be reviewed, however, in light of the 48 unit multifamily residential development that now exists on Tracts B and E as a result of Exception Z-81-010 which was previously P & Z Minutes: April 21, 199* KIBS227992 Page 17 of 25 granted by the Borough Assembly. In addition, the plan did not take into account the existing Rezanof Drive access which, according to the plan maps, was not anticipated to serve this area in the way that it presently does. The motion was seconded and CARRIED by a roll call vote of 5-1. COMMISSIONER BONNEY voted no. L) Case 93-033. Planning and Zoning Commission review and finding, according to Section 17.03.090 B (Similar Uses) of the Borough Code, that a non -medical detoxification facility is a similar use to a conditionally permitted use of land in the B-- Business Zoning District (hospitals), and A conditional use permit, according to Section 17.21.030B (Conditional Uses) of the Borough Code, to permit a non- medical detoxification facility to operate in the B--Business Zoning District. Lots 6 & 10, Block 14, New Kodiak Subdivision, 115 Upper Mill Bay Road. DUANE DVORAK indicated 34 public hearing notices were mailed for this case and 2 were returned, 1 opposing and 1 stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Thomas Goldston, Executive Director of the Kodiak Council on Alcoholism, appeared before the Commission and expressed support for this request. Wally Johnson, neighboring property owner, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO FIND find that a non- medical detoxification facility is similar in character and impact to a conditionally permitted hospital use in the B-- Business Zoning District, and to adopt the finding contained in the staff report dated March 31, 1993 as a "Finding of Fact" for this case. FINDING OF FACT - SIMILAR USE 1. A non -medical detoxification facility is similar in character and of less impact than a hospital use. The detoxification facility will not treat all segments of community and will see less traffic than a medical hospital. The present structure will not be changed by the proposed use and currently meets all applicable zoning requirements. The motion was seconded and CARRIED by unanimous roll call vote. KIBS227893 P & Z Minutes: April 21, 19913 Page 18 of 25 COMMISSIONER ASPGREN MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030B (Conditional Uses) of the Borough Code to permit a non medical detoxification facility to locate on Lots 6 and 10, Block 14, New Kodiak Subdivision, and to adopt the findings contained in the staff report dated March 31, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT - CONDITIONAL USE PERMIT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. Clients of the detoxification facility will normally be transported to and from the facility by public safety personnel. Adequate alarm systems and other means will be use to monitor clients to insure that they cannot discharge themselves until the staff has determined that they are sufficiently detoxified. Clients will not be permitted to enter the detoxification program under any circumstances until they have been evaluated by competent medical authority. The facility has been in operation for a year with no significant complaints specifically regarding the detoxification program. The Commission can attach reasonable conditions of approval to this request in order to address any concerns the public may have. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in Question The property under review is the site of professional offices, a clinic and transitional care home, in addition to the existing detoxification facility. These uses are consistent with the general purposes and intent of Title 17, and in fact comply with the specific zoning standards required for development in a B--Business zoning district. The proposed conditional use is complimentary to the existing programs, staff and facilities already located on the site. The detoxification program can share non medical counselors and other staff that maintain offices and do counseling on site for other KCA clients. 3. That granting the conditional use permit will not be harmful to the public health, safety convenience and comfort. Granting a conditional use permit for a voluntary non medical detoxification facility will not endanger the public's health, safety or general welfare. Intoxicated individuals will be held at this facility on a voluntary basis, only after they have been examined by a physician and determined to be no danger to themselves or to others. Intoxicated individuals who do not meet this criteria will not be entered into the detoxification facility and will be referred to alternative services that are appropriate. In most cases they will either stay at the hospital for medically supervised detoxification or if P & Z Minutes: April 21, 199t3 KIBS227894 Page 19 of 25 medical supervision is not required, placed in protective custody at the local jail. The KCA staff will monitor the individuals in the detoxification facility and insure that alarm systems are in place to notify staff if anyone tries to discharge themselves before they are detoxified or referred to another appropriate agency for detoxification. 4. The sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section The structure presently meets all zoning requirements of the B--Business zoning district. The only condition placed on the previous approval for the detoxification facility was a condition of temporary one (1) year approval, subject to review prior to consideration of an extension by the Planning and Zoning Commission. No significant complaints have been documented for this site relating to the operation of the voluntary non medical detoxification facility during the last year. As a result, it does not appear necessary to require buffers or safeguards to this conditional use permit in addition to the applicable performance standards already contained in Title 17 (Zoning) of the Borough code. The motion was seconded and CARRIED by unanimous roll call vote. M) Case S93-007. Request for preliminary approval of the vacation and replat of Lot 1, Block 1; Lots 1 & 2, Block 2; Lot 4, Block 3; Lot 7, Block 6; and Lot 1, Block 7, Black Canyon Subdivision, creating Lot 1A, Block 1; Lots lA & 2A, Block 2; Tract A; Lot 4A, Block 3; and Lot 7A, Block 6, Black Canyon Subdivision. 26242 - 27456 Chiniak Highway. DUANE DVORAK indicated 13 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. 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 and replat of Leisnoi Land Survey #1 and Lot 1, Block 1; Lots 1 & 2, Block 2; Lot 4, Block 3; Lot 7, Block 6; and Lot 1, Block 7, Black Canyon Subdivision, creating Lot IA, Block 1; Lots lA & 2A, Block 2; Tract A; Lot 4A, Block 3; and Lot 7A, Block 6, Black Canyon Subdivision; and to adopt the findings contained in the staff report dated April 8, 1993 as "Findings of Fact" for this case. KIBS227895 P & Z Minutes: April 21, 199# .� Page 20 of 25 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. N) Case S93-010. Request for preliminary approval of the subdivision of Lot 5A, Block 2, Alderwood Subdivision, creating Lots 5A-1 and 5A-2, Block 2, Alderwood Subdivision, and vacating a 30 foot driveway easement on the rear portion of Lot 5A. 1323 Mylark Lane. DUANE DVORAK indicated 55 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Margaret Reed, owner of Lot 5A, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT preliminary approval of the dedication of a 15 X 40 foot portion of Lot 5A, Block 2, Alderwood Subdivision, and the vacation of the remaining 15 foot portion of a 30 foot driveway easement; subject to the conditions of approval contained in the staff report dated March 25, 1993, and to adopt the findings contained in the staff report dated March 25, 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. KIBS227896 P & Z Minutes: April 21, 1991$ Page 21 of 25 CONDITIONS OF APPROVAL 1. Designate the remainder of Lot 5A as Lot 5A-1 on the final plat. 2. Show the right-of-way take as a dedication on the final plat. 3. Correct the title block to reflect changes noted in conditions #1 and #2. The motion was seconded and CARRIED by unanimous roll call vote. O) Case S93-011. Request for preliminary approval of the subdivision of Lot 8, Block 4, Miller Point Alaska Subdivision, First Addition, creating Lots 8A, 813, 8C, & 8D, Block 4, Miller Point Alaska Subdivision, First Addition. 3388 Eider Street. DUANE DVORAK indicated 48 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request, if a note was placed on the plat prohibiting the connection of two mobile homes together to form a duplex. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Tom Everitt, agent, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER PETERSON MOVED TO GRANT preliminary approval of the subdivision of Lot 8, Block 4, Miller Point Alaska Subdivision, First Addition, creating Lots 8A, 813, 8C, & 8D, Block 4, Miller Point Alaska Subdivision, First Addition; subject to the conditions of approval contained in the staff report dated March 25, 1993, and to adopt the findings contained in the staff report dated March 25, 1993, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place notes on the final plat as follows: "Per Section 16.40.050.B.3.a.ii, future subdivision of flag Lots 8B and 8C is prohibited." "Front setbacks for flag Lots 813 and 8C will be calculated from the rear lot line of Lots 8A and 8D." 2. Revise the flag stem easement to allow for utility service to all lots in the subdivision per KEA memorandum dated April 5, 1993. KIBS227897 P & Z Minutes: April 21, 19913 Page 22 of 25 3. Provide a grading and drainage plan for review and approval by the Kodiak Island Borough Engineering and Facilities Department prior to final approval of the plat. 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. P) This item was moved to New Business A of this agenda. Q) Case S93-035. Review by the Planning and Zoning Commission of the Public Hearing Draft of the Urban Islands Comprehensive Plan. DUANE DVORAK indicated that the Public Hearing Draft of this plan was mailed to 29 members of the community and miscellaneous government agencies, the Borough Assembly, City of Kodiak, and department heads at the Borough, and was also advertised in the local newspaper. Staff recommended postponement of this request until the May 19, 1993 regular meeting to allow for further public testimony and input. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO POSTPONE ACTION on Case 93-035 until the May 19, 1993 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Case 93-034. Review by the Planning and Zoning Commission of a disposal of an interest in land for fair market value, consisting of a portion of South Russian Creek Road P & Z Minutes: April 21, 199 f � KIBS227898 Page 23 of 25 right-of-way, near proposed Lot 9B-1, Russian Creek Subdivision. 12756 Noch Drive. COMMISSIONER ASPGREN MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 93-034. 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 South Russian Creek Road right-of-way adjacent to proposed Lot 9B-1, Russian Creek Subdivision, to accommodate an existing well and well house, 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 9B-1 The motion was seconded and CARRIED by unanimous roll call vote. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) City of Kodiak Policy, RE: Water/Sewer Hookup Moratorium, signed by Gary Bloomquist, City Manager, dated April 10, 1991, revised March 12, 1993. B) Minutes from the KIB Parks and Recreation Committee meeting dated November 3, 1992. C) Newsletter dated April 9, 1993 for the first meeting of the Horseshoe Lake Community Association. D) Letter dated April 21, 1993 to Harry and Hazel Ardinger from Bob Scholze, RE: Construction without permits on U.S. Survey r— 2110 (Crooked Island). There were no further communications. X. REPORTS COMMISSIONER BONNEY 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. KIBS227899 P & Z Minutes: April 21, 199t3 Page 24 of 25 There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS K+iili,]�1ZiIiI: ►�`i`�M�]�4a CHAIR HODGINS adjourned the meeting at 9:30 p.m. PLANNING ATTEST By: C -- V ✓' Li�? c - — Eileen Probasco, Secretary Community Development Department DATE APPROVED: May 19, 1993 KODIAK ISLAND BOROUGH AND ZONIN COMMISSION Jod od ins Chair Y g , KIBS227900 P & Z Minutes: April 21, 1990 Page 25 of 25