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1993-01-20 Regular MeetingI. II KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 20, 1993 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Jon Aspgren on January 20, 1993 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jon Aspgren, Chair Tuck Bonney Jerrol Friend Jody Hodgins Clay Koplin Tom Peterson Pat Szabo Commissioners Absent: None 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 additions to the agenda: A) Election of Officers B) Appointment of Planning and Zoning Commission representative to KIB Parks and Recreation Committee V AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) APPLICANT: McDonalds Corporation (Garry Ervin) AGENT: Ken Knowles REQUEST: 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 12A Thorsheim Subdivision, or on any contiguous lot in common ownership, permitting them to be located on Lot 7, Thorsheim Subdivision within six hundred feet of the principal building or use. LOCATION:209 and 210 Thorsheim ZONING: B--Business KIBS227804 P & Z Minutes: January 20, 1993 Page 1 of 23 IX COMMUNICATIONS A) Memorandum dated December 28, 1992 to Jerome Selby, from Duane Dvorak, RE: Development of a Floodzone Management Ordinance. B) Pamphlet for February 13, 1993 APA Planning Commissioners Training Seminar, to be held at the Regal Alaskan Hotel in Anchorage. C) Draft minutes from the November 3, 1992 Parks and Recreation Committee regular meeting D) Public Notice dated January 8, 1993 RE: Announcement of Corps Wetland Delineator Certification Program. E) Memorandum dated January 14, 1993 to Mike Dolph, City Fire Chief, and Len Kimball, City Building Official, from Bob Scholze, RE: Zoning, building and fire code violations related to illegal boarding house uses. F) Letter dated January 19, 1993 to Fred Ducolon, from Bob Scholze, RE: Deficiency of required parking on Lots 25- 26, Block 1, Airpark Subdivision. G) Summary dated January, 1993 of Assessment of Existing State of Alaska Authorities Regarding Cumulative and Secondary Impacts. COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. A) Election of Officers COMMISSIONER BONNEY NOMINATED Jody Hodgins as Chair and Jerrol Friend as Vice Chair. There were no further nominations and the slate of officers was APPROVED by unanimous consent. B) Appointment of Planning and Zoning Commission representative to KIB Parks and Recreation Committee. After a brief discussion, the Commission agreed to postpone this item until the end of the meeting. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER FRIEND MOVED TO ACCEPT the minutes of the December 19, 1992 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) APPLICANT: McDonalds Corporation (Garry Ervin) AGENT: Ken Knowles KIBS227805 P & 2 Minutes: January 20, 1993 Page 2 of 23 REQUEST: 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 12A Thorsheim Subdivision, or on any contiguous lot in common ownership, permitting them to be located on Lot 7, Thorsheim Subdivision within six hundred feet of the principal building or use. LOCATION: 209 and 210 Thorsheim ZONING: B--Business KEN KNOWLES, agent for the applicant, appeared before the commission to state that this was a formality which needed to be addressed in order for McDonalds to obtain a zoning compliance permit to expand the rear portion of the building. The expansion would affect the parking availability on the adjacent lot. COMMISSIONER FRIEND MOVED TO FIND that it is impractical to locate all the required parking spaces for the Kodiak McDonald's restaurant on Lot 12A, Thorsheim Subdivision, and to permit all twenty-five (25) of the spaces on Lot 7, Thorsheim Subdivision to be used to partially meet the parking requirement for the McDonald's restaurant. The basis for this finding is that Lot 12A Thorsheim Subdivision has topographic constraints that limit its full development. In addition, the parking spaces on Lot 7, Thorsheim Subdivision, have been developed to a high standard and for the most part are closer to the entrance of the restaurant than the parking spaces located on the same lot as the restaurant. Further, this finding is consistent with KIBC 17.57.050 in that a long term agreement has been secured with the property owner for the alternative parking spaces. 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 92-038. A rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of Lots 10 - 22, Block 3, New Kodiak Subdivision, and Lots 19A, 20A, and 20B, Block 18, Kodiak Townsite, from B--Business to LI-- Light Industrial (Postponed and expanded by the Planning and Zoning Commission from the December 16, 1992 regular meeting). 314 - 412 Shelikof Street. DUANE DVORAK indicated 76 public hearing notices were mailed for this case and 5 were returned, 1 in favor, and 4 objecting to the request. Staff recommended forwarding this request to the Borough Assembly with a recommendation of approval. KIBS227906 P & Z Minutes: January 20, 1993 Page 3 of 23 Regular Session Closed. Public Hearing Opened: Glenn Dick, owner of Arc-N-Spark Welding, 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 Lots 10 - 22, Block 3, New Kodiak Subdivision and Lots 19B, 20A and 20B, Block 18, Kodiak Townsite Subdivision, from B-- Business to LI--Light Industrial; and to adopt the finding contained in the staff report dated January 13, 1993 as "Findings of Fact" for this case. The motion was seconded and FAILED by a roll call vote of 3- 4. COMMISSIONERS SZABO, PETERSON, BONNEY and ASPGREN voted no. COMMISSIONER FRIEND MOVED TO POSTPONE findings of fact until the March 17, 1993 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 92-033. Request for a rezone, in accordance with Section 17.72.030B (Manner of Initiation) of the Borough Code, of Lot 1A, Block 2, Alderwood Subdivision, from R-3--Multi Family Residential to UNC--Urban Neighborhood Commercial (Postponed from the November 18, 1992 regular meeting). 1316 Selief Lane. DUANE DVORAK indicated this was the second public hearing held on this case (the first being held at the November 1992 regular meeting) and that over 600 public hearing notices were mailed for this case in January, and 13 were returned, 6 objecting and 7 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: Toby Cook appeared before the Commission and expressed support for this request. Pat Branson appeared before the Commission and expressed opposition to this request. David Colwell appeared before the Commission and expressed opposition to this request. Kathy Colwell appeared before the Commission and expressed opposition to this request. P & Z Minutes: January 20, 1993 KIBS227807 Page 4 of 23 Kevin Arndt appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve a rezone, in accordance with Section 17.72.030B (Manner of Initiation) of the Borough Code, of Lot 1A, Block 2, Alderwood Subdivision, from R-3--Multi Family Residential to UNC--Urban Neighborhood Commercial, and to adopt the findings contained in the staff report dated November 4, 1992, as "Findings of Fact" for this case. The motion was seconded and FAILED by a roll call vote of 2- 5. COMMISSIONERS PETERSON, SZABO, ASPGREN, KOPLIN and BONNEY voted no. COMMISSIONER FRIEND MOVED TO POSTPONE findings of fact until the end of the meeting. The motion was seconded and CARRIED by unanimous roll call vote. C) Case 93-001. Request for a variance from Section 17.24.040A (Yards) of the Borough Code to permit a storage building to encroach no more than 18 feet into the required 30 foot front setback on a lot in the I --Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision, 142 Sargent Creek Road. COMMISSIONER BONNEY declared that he had a conflict of interest on this case, as the company he was working for rents the adjoining lot, and the outcome of this case could determine if the company would rent the lot in question also. CHAIR HODGINS determined there was a conflict and COMMISSIONER BONNEY stepped down for this case. DUANE DVORAK indicated 10 public hearing notices were mailed for this case and 3 were returned, objecting to the request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO GRANT a variance from Section 17.24.040A (Yards) of the Borough Code to permit a storage building to encroach no more than 18 feet into the required 30 foot front setback on Tract D-1 of Tract A, Bells KIBS227808 P & Z Minutes: January 20, 1993 Page 5 of 23 Flats Alaska Subdivision; subject to the condition of approval contained in the staff report dated January 5, 1993 and to adopt the findings contained in the staff report dated January 5, 1993, as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. The intent of this condition is to prohibit a loading dock and/or parking in front of the building adjacent to Sargent Creek Road. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district The exceptional condition applicable to this property is the unusual lot shape of Tract D-1. The setbacks as applied to Tract D-1 provide for a narrow developable area in the center of the property. This area is most efficiently used for turning and maneuvering of vehicles with the outdoor storage items located along the perimeter of the site. Another exceptional circumstance is the location of the existing foundation. It is an encroachment of the front setback on Tract D-1 that is "grandfathered" due to its placement prior to the adoption of current Borough regulations. This location may be the preferred location for structural development as the lot may be susceptible to erosion by Sargent Creek along the rear lot line. The applicant has obtained permits to rechannel the stream to protect this property. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the zoning ordinance would require a smaller structure to be built farther back on the foundation, away from the front lot line. Another alternative would be to place the whole structure elsewhere on the tract, on a completely new foundation. Either of these alternatives would result in practical difficulties due to the loss of usable storage space or maneuvering room on the lot. In addition there would be the added expense of constructing a new foundation on the lot. The alternatives would not require the removal of the existing foundation. To be denied reasonable use of the foundation would result in an unnecessary hardship because the foundation will still be encroaching the front setback of Tract D-1, even if the variance is denied. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity KIBS227809 P & Z Minutes: January 20, 1993 Page 6 of 23 nor be detrimental to the public's health, safety and welfare. Granting of the variance to allow encroachment into the setback would not damage or prejudice other properties in the area. The Commission has granted at least one other variance in this subdivision for a similar use of an existing foundation for residential development where the foundation encroached a setback. In addition, there are other structures in the area that encroach required setbacks which are "grandfathered" and still in use today. 4. The granting of the variance will not be contrM-y to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the 1982 Womans Bay Community Plan which identifies this area for industrial development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant did not cause the special conditions from which relief is being sought by variance. The existing foundation was in place at the time the lot was acquired by the owner. The applicant will take no action to improve the foundation until the variance request has been decided. 6. That the granting of the variance will not permit a prohibited land use in the district involved Warehouse and storage are permitted uses in the I -- Industrial zoning district. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER BONNEY returned to the meeting. D) Case 93-002. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1857, consisting of 3.43 acres, from C-- Conservation to RD--Rural Development. Generally located in Deadman's Bay, at the south end of Kodiak Island. DUANE DVORAK indicated 21 public hearing notices were mailed and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. KIBS227810 P & Z Minutes: January 20, 1993 Page 7 of 23 Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 1857, a 3.43 acre parcel of land located near the head of Deadman Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated January 11, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT 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 tends to be developed in upland areas of remote Kodiak Island; B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 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 1857, a 3.43 acre tract located near the head of Deadman Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. The tract is located in the area designated for Development with Restrictions. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 93-003. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1579. consisting of 4.27 acres, from C-- Conservation to RD--Rural Development. Generally located in Olga Bay, at 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 recommending approval. KIBS227811 P & Z Minutes: January 20, 1993 Page 8 of 23 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 1579, a 4.27 acre parcel of land located along the southeast shore of Olga Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated January 11, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of U.S. Survey 1579 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 tends to be developed in upland areas of remote Kodiak Island; B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 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 1579, a 4.27 acre tract located along the southwest shore of Olga Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. This 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 permit requests or approvals subject to Planning and Zoning Commission review. This 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. KIBS227812 P & Z Minutes: January 20, 1993 Page 9 of 23 F) Case 93-004. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 2057, consisting of 5.09 acres, from C-- Conservation to RD--Rural Development. Generally located in Portage Bay at the south end of Kodiak Island. DUANE DVORAK indicated 23 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: Seeing and hearing none. Public Hearing Closed, Regular Session Opened. COMMISSIONER SZABO MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 2057, a 5.09 acre parcel of land located along the northwest shore of Portage Bay, from C--Conservation to RD-- Rural Development; and to adopt the findings contained in the staff report dated January 11, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of U.S. Survey 2057 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 tends to be developed in upland areas of remote Kodiak Island; B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 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 2057, a 5.09 acre tract located along the northwest shore of Portage Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. This tract is located in the area designated for Development with Restrictions. A conditional use permit is required KIBS227813 P & Z Minutes: January 20, 1993 Page 10 of 23 prior to development of intensive commercial land uses. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. This 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. G) Case 93-005. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tract C, U.S. Survey 1420, consisting of 5.88 acres, from C-- Conservation to RD--Rural Development. Generally located in Uganik Bay on the west side of Kodiak Island. DUANE DVORAK indicated 17 public hearing notices were mailed for this case and 1 was returned in favor of this request. Staff recommended forwarding this request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: Robin Heinrichs, applicant, appeared before the Commission and 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 Tract C, U.S. Survey 1420, a 5.88 acre parcel of land located along the east side of the Northeast Arm of Uganik Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated January 11, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of Tract C, U.S. Survey 1420 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 tends to be developed in upland areas of remote Kodiak Island; B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; KIBS227814 P & Z Minutes: January 20, 1993 Page 11 of 23 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 C, U.S. Survey 1420, a 5.88 acre tract located along the northeast arm of Uganik Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. This tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. This 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 93-006. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1578, consisting of 5 acres, from C-- Conservation to RD--Rural Development. Generally located in Olga 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 recommending approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 1578, a 5.0 acre parcel of land located on the southeast shore of Olga Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated January 11, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of U.S. Survey 1578 from C--Conservation to RD--Rural Development is needed and justified because the RD--Rural Development zoning district permits development that: KIBS227815 P & Z Minutes: January 20, 1993 Page 12 of 23 A. is consistent with the type of development that tends to be developed in upland areas of remote Kodiak Island; B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 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 1578, a 5.0 acre tract located along the southwest shore of Olga Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. This tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. This 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 93-007. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of Tract E, ASLS 71-3, consisting of 4.72 acres, from C-- Conservation to RD--Rural Development. Generally located in Ugak Bay on the east side of Kodiak Island. DUANE DVORAK indicated that this property was improperly located on the public hearing notices, so they were not mailed to the appropriate surrounding property owners. With the concurrence of the applicant, staff recommended postponement of this case until the February 17, 1993 regular meeting to allow for adequate public notification. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO POSTPONE action on this request until the February 17, 1993 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. KIBS227816 P & Z Minutes: January 20, 1993 Page 13 of 23 J) Case 93-008. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 1886, consisting of 32.35 acres, from C-- Conservation to RD--Rural Development. generally located in Olga Bay, on the south end of Kodiak Island. DUANE DVORAK indicated 18 public hearing notices were mailed for this case and 1 was returned, in favor of the request. Staff recommended forwarding this request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY stated his concern for the rezoning of lots into RD--Rural Development, which were large enough to then be subdivided into more than one RD lot, and stated that for this reason, he would vote against this particular rezone request. COMMISSIONER KOPLIN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 1886, a 32.35 acre parcel of land located along the northwest side of Olga Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated January 12, 1993, as "Findings of Fact' for this case. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of U.S. Survey 1886 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 tends to be developed in upland areas of remote Kodiak Island; B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan KIBS227817 P & Z Minutes: January 20, 1993 Page 14 of 23 A change of zoning from C--Conservation to RD--Rural Development on U.S. Survey 1886, a 32.35 acre tract located along the northwest shore of Olga Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. This tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. This will insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. The motion was seconded and CARRIED by a roll call vote of 6-1. COMMISSIONER BONNEY voted no. K) Case 93-009. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 305, consisting of 1.44 acres, from C-- Conservation to RD--Rural Development. Generally located in Uganik Bay, on the west side of Kodiak Island. DUANE DVORAK indicated 14 public hearing notices were mailed for this case and 1 was returned in favor of the request. Staff recommends forwarding this request to the Borough Assembly recommending 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 305, a 1.44 acre parcel of land located along the East Arm of Uganik Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated January 12, 1993, as "Findings of Fact' for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of U.S. Survey 305 from &-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 tends to be developed in upland areas of remote Kodiak Island; C •T►•g:W P & Z Minutes: January 20, 1993 Page 15 of 23 B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 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 305, a 1.44 acre tract located along the East Arm of Uganik Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. This 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 permit requests or approvals subject to Planning and Zoning Commission review. This 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. L) Case 93-010. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code, of U.S. Survey 174, consisting of 19.61 acres, from C-- Conservation to RD--Rural Development. Generally located in Olga 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 recommending approval. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY stated his concern for the rezoning of lots into RD--Rural Development, which were large enough to then be subdivided into more than one RD lot, and stated that for this reason, he would vote against this particular rezone request. COMMISSIONER KOPLIN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 174, a 19.61 acre parcel of land located along the southwest side of Olga Bay, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff KIBS227819 P & Z Minutes: January 20, 1993 Page 16 of 23 report dated January 12, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of U.S. Survey 174 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 tends to be developed in upland areas of remote Kodiak Island; B. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 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 174, a 19.61 acre tract located along the southwest shore of Olga Bay, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. This tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. This will insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. The motion was seconded and CARRIED by a roll call vote of 6-1. COMMISSIONER BONNEY voted no. M) Case 93-011. Request for a rezone, in accordance with Section 17.72.030C (Manner of Initiation) of the Borough Code of Lots 1, 2, and 3, U.S. Mineral Survey 247 consisting of 20 acres, from C--Conservation to RD--Rural Development. Generally located at the mouth of the Ayakulik River, on the southwest side of Kodiak Island. DUANE DVORAK indicated 18 public hearing notices were mailed for this case and none were returned. Staff recommends forwarding this request to the Borough Assembly recommending approval. Regular Session Closed. Public Hearing Opened: Dennis Harms, agent for the applicant, appeared before the Commission and expressed support for this request Public Hearing Closed. KIBS227820 P & Z Minutes: January 20, 1993 Page 17 of 23 Regular Session Opened. COMMISSIONER BONNEY stated his concern for the rezoning of lots into RD--Rural Development, which were large enough to then be subdivided into more than one RD lot, and stated that for this reason, he would vote against this particular rezone request. COMMISSIONER FRIEND MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of Lots 1, 2, and 3, U.S. Mineral Survey 247, three (3) tracts totalling 20 acres in overall area which are located along the mouth of the Ayakulik River, from C--Conservation to RD--Rural Development; and to adopt the findings contained in the staff report dated January 12, 1993, as "Findings of Fact" for this case. 1. Findings as to the Need and Justification for a Change or Amendment. A rezone of Lots 1, 2, and 3, U.S. Mineral Survey 247 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 tends to be developed in upland areas of remote Kodiak Island; B. will not create any nonconforming uses or structures; C. is generally consistent with the provisions of the Kodiak Island Borough Coastal Management Plan; 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 Lots 1, 2, and 3, U.S. Mineral Survey 247, three (3) tracts totalling 20 acres in overall area which are located along the mouth of the Ayakulik River, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Plan. These tracts are located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. This will insure consistency with the policies of the Kodiak Island Borough Coastal Management Plan. The motion was seconded and CARRIED by a roll call vote of 6-1. COMMISSIONER BONNEY voted no. KIBS227821 P & Z Minutes: January 20, 1993 Page 18 of 23 N) Case 93-012. Request for a conditional use permit, in accordance with section 17.21.030D Conditional Uses, of the Borough Code, to permit a single-family residence to locate within a structure containing a business, and not exceeding fifty percent of the area of the structure in the B--Business r— zoning district. Tract K, Russian Creek Subdivision, 11723 Russian Creek Road. DUANE DVORAK indicated 46 public hearing notices were mailed for this case and 1 was returned stating non -objection to the request. Staff recommend approval of this request. Regular Session Closed. Public Hearing Opened: Doug Hogan appeared before the Commission and expressed support for this request. John Zbitnoff, representing John Felton, appeared before the Commission and expressed opposition to this request. Doug Hogan appeared again and addressed some of the concerns expressed by Mr. Zbitnoff. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO GRANT a conditional use permit, in accordance with section 17.21.030D Conditional Uses, of the Borough Code, to permit a single-family residence to locate within a structure containing a business, and not exceeding fifty percent of the area of the structure on Tract K, Russian Creek Subdivision; and to adopt the findings contained in the staff report dated January 13, 1993, as "Findings of Fact" for this case. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area The area surrounding Tract K is developed with a combination of commercial and residential uses. There are more than 17 dwelling units legally located on lots within Block 1 of Russian Creek Alaska Subdivision. For this reason the proposed dwelling within a commercial structure will preserve the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question The proposed use is consistent with the provisions of Title 17 (Zoning) of the Borough Code. A review of the site plan for this case shows that there is adequate room for off-street parking on the site. There are no setback KIBS227922 P & Z Minutes: January 20, 1993 Page 19 of 23 requirements in the B--Business zoning district to affect the location of the structure. 3. That granting the conditional use permit will not be harmful to the public health, safety convenience and .— comfort. The proposed use will not be harmful to the public health, safety, convenience or comfort. The proposed dwelling will be located within an existing, permitted commercial structure. The dwelling construction will meet all applicable building code requirements. The dwelling will be connected to an onsite water and wastewater system. The fact that there are already more than 17 dwellings located in Block 1, of Russian Creek Alaska Subdivision demonstrates that residential uses can be located in the B--Business zone without detrimental impacts. 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 B--Business zoning district does not have any setback requirements. The building code will require the commercial structure to be adequately setback from other existing structures in the vicinity, if necessary. The structure has already been issued zoning compliance by staff as a permitted use. This review only deals with the conversion of a portion of the floor area from commercial to residential use. The lot area of 9.16 acres is adequate to insure that the building can be occupied for residential purposes without affecting neighboring dwellings and commercial structures. The motion was seconded and CARRIED by unanimous roll call vote. O) Proposed amendments to Title 16 (Subdivisions) of the Borough Code to provide for the platting of "commercial tracts" for phased large scale commercial developments (postponed from the December 16, 1992 regular meeting). DUANE DVORAK indicated no public hearing notices were mailed for this case as it a proposed code change. Staff recommended forwarding the proposed amendments to the Borough Assembly with a recommendation of approval. Regular Session Closed. Public Hearing Opened: Robin Heinrichs appeared before the Commission and expressed support for this request and stated that he felt it would be appropriate to add reference to mall development in particular. KIBS227823 P & Z Minutes: January 20, 1993 Page 20 of 23 Toby Cook appeared before the Commission and expressed support for the proposed additions as mentioned by Mr. Heinrichs. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO FORWARD to the Assembly, proposed amendments to Title 16 (Subdivisions) of the Borough Code to provide for the platting of "commercial tracts" for phased large scale commercial developments, with a recommendation for approval. The motion was seconded. There was some discussion concerning what additions should be added to specifically address the concern for mall development and the UBC. COMMISSIONER FRIEND MOVED TO AMEND Section 16.35.010 as proposed in the latest draft to reflect the following additions: 16.35.010 Intent. A commercial tract may be created and divided into fragment lots in order to facilitate financing or construction of commercial developments requiring multiple phases of construction. Designation of commercial tracts shall be allowed only for buildings constructed under the shopping mall provisions of the Uniform Building Code, in the RB--Retail Business, B--Business, LI--Light Industrial, or I --Industrial Zoning Districts. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through G of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Memorandum dated December 28, 1992 to Jerome Selby, from Duane Dvorak, RE: Development of a Floodzone Management Ordinance. KIBS227824 P & Z Minutes: January 20, 1993 Page 21 of 23 B) Pamphlet for February 13, 1993 APA Planning Commissioners Training Seminar, to be held at the Regal Alaskan Hotel in Anchorage. C) Draft minutes from the November 3, 1992 Parks and Recreation Committee regular meeting D) Public Notice dated January 8, 1993 RE: Announcement of Corps Wetland Delineator Certification Program. E) Memorandum dated January 14, 1993 to Mike Dolph, City Fire Chief, and Len Kimball, City Building Official, from Bob Scholze, RE: Zoning, building and fire code violations related to illegal boarding house uses. F) Letter dated January 19, 1993 to Fred Ducolon, from Bob Scholze, RE: Deficiency of required parking on Lots 25-26, Block 1, Airpark Subdivision. G) Summary dated January, 1993 of Assessment of Existing State of Alaska Authorities Regarding Cumulative and Secondary Impacts. There were no further communications. — X. REPORTS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report. B) Community Development Department Plat Activity Report. COMMISSIONER FRIEND MOVED TO ADOPT the following findings of fact in support of the decision to deny rezone request 92-038, Public Hearing Item A: 1. Findings as to the Need and Justification for a change or Amendment. The rezone of Lot 1A, Block 2, Alderwood Subdivision, from R3--Multi Family Residential to UNC--Urban Neighborhood Commercial is not necessary and justified because the UNC--Urban Neighborhood Commercial zoning district permits development that: A. would not meet the needs of nor be complimentary to the surrounding neighborhood; 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan The 1968 comprehensive plan identifies this area for Medium Density Residential Development. As noted in the staff report dated November 4, 1992, the comprehensive plan is clearly out of date for this area because the R3--Multi Family Residential zoning district was in place prior to the advent of the 1968 KIBS227825 P & Z Minutes: January 20, 1993 Page 22 of 23 Comprehensive Plan. The rezone is not consistent with the development trends in the area. The motion was seconded and CARRIED by unanimous roll call vote. After some discussion, COMMISSIONER KOPLIN was appointed as the Planning and Zoning Commission representative to the Kodiak Island Borough Parks and Recreation Committee. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR HODGINS adjourned the meeting at 10:15. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST Eileen Probasco, Secretary Community Development Department DATE APPROVED: March 17, 1993 Chair KIBS227826 P & Z Minutes: January 20, 1993 Page 23 of 23