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1994-01-19 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 19, 1994 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Acting Chair Jerrol Friend on January 19, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Acting Chair Jon Aspgren Tuck Bonney Pat Szabo Commissioners Absent: None Three positions vacant. 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: IX COMMUNICATIONS A) Letter dated December 29, 1993 to Pending Rural Development Rezone Applicants, from Linda Freed, RE: Revised zoning regulations for C--Conservation and RD--Rural Development districts. B) Municipality of Anchorage Ordinance No. 93-124(S-3), adopted December 14, 1993, RE: Amending provisions of the Anchorage Municipal Code relating to initiation of code enforcement actions by private citizens. C) Letter dated December 23, 1993 to DeWitt Fields, Kodiak Livestock Co-op President, from Bob Scholze, RE: Violations on Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision. D) Letter dated January 6, 1994 to Jerry and Penny Lampl from Bob Scholze, RE: Storage of wrecked cars on Lot 15A, U.S. Survey 3098. P & Z Minutes: January 19, 1994 Page 1 of 9 E) Letter dated January 13, 1994 to Rick Bundy from Bob Scholze, RE: Illegal dwellings on Lot 15, Block 7, Monashka Bay Subdivision. COMMISSIONER ASPGREN MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and r— CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the December 15, 1993 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 94-001. Request for a variance from Section 17.18.050 C. (Rear Yard) of the Borough Code to permit an existing garage addition to project 8.2 feet into the required 10 foot rear setback on a nonconforming lot with only 4,669 square feet of area. Lot 13, Leite Subdivision. 1311 Mission Road. DUANE DVORAK indicated 50 public hearing notices were mailed for this case and 5 were returned, 1 opposing, 3 stating non -objection and 1 requesting further information on this request. Staff reported that the applicants had submitted a letter requesting postponement of this case until the February 16, 1994 meeting to allow for a full commission to hear their request. Staff concurred, and recommended postponement of this case. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO POSTPONE action on Case 94-001 until the February 16, 1994 regular meeting and to schedule it for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 94-002. Planning and Zoning Commission review, in accordance with Section 18.20.030 A. (Review by Commission) of the Borough Code, of the disposal for fair market value of all Borough lands on Shuyak Island as described in the State of Alaska final decision document dated May 4, 1982 and amended by ADL 37988, dated September 27, 1985. Generally located on Shuyak Island. i P & Z Minutes: January 19, 1994 Page 2 of 9 C DUANE DVORAK indicated no individual public hearing notices were mailed for this case but that notice was published in the local newspaper. Staff recommended the Commission adopt a resolution recommending that the Borough Assembly approve this disposal. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. 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 94-002, and to adopt the findings in the staff memo dated January 3, 1994 as "Findings of fact" for this case. WHEREAS, about 27,000 acres of Kodiak Island Borough land on Shuyak Island has been identified as high value habitat that will benefit the recovery of resources and services injured by the Exxon Valdez oil spill, and; WHEREAS, the Borough Administration has determined that all Borough land on Shuyak Island is surplus to the needs of Borough residents, so long as the land is maintained in pubic ownership, and; WHEREAS, the proposed use of the lands acquired by the Trustee Council (as indicated in the Memorandum of Agreement and Consent Decree executed between the United States and the State of Alaska and approved and entered by Judge Holland on August 28, 1991) is consistent with the goals and objectives of the 1986 Shuyak Island Comprehensive Plan, and; WHEREAS, compensation for Shuyak Island Land, at fair market value, will benefit all residents of the Kodiak Island Borough consistent with the intent of the state land entitlement at the time of incorporation, and; WHEREAS, The Kodiak Island Borough Planning and Zoning Commission, having reviewed the pertinent facts relating to this land disposal, wishes to recommend that the Borough Assembly dispose of all Borough interest in Shuyak Island Lands for fair market value; Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That the disposal, for fair market value, of all Borough Lands on Shuyak Island, as described in the State of Alaska final decision document dated May 4, 1982 and amended by ADL 37988, dated September 27, 1985, is recommended for approval by the Borough Assembly. P & Z Minutes: January 19, 1994 Page 3 of 9 l FINDINGS OF FACT The disposal of Kodiak Island Borough land on Shuyak Island is needed and justified because: 1. The disposal will ensure the land is available to the public for recreation purposes, consistent with the goals and objectives of the 1986 Shuyak Island Comprehensive Plan. 2. Disposal of Shuyak Island land to the Trustee Council will provide valuable habitat to support and augment lands damaged by the Exxon Valdez oil spill. 3. Disposal of Shuyak Island land to the Trustee Council will eliminate the possibility of disposing Borough land on Shuyak to private ownership. 4. Disposal of Shuyak Island land to the Trustee Council precludes the possibility of resource extractive development, such as mining, logging and quarrying. 5. Disposal of Shuyak Island land will benefit Borough residents and fulfill the intent of the Borough's land entitlement at the time of incorporation. 6. The use of the land for habitat protection and recreation are public property uses that are beneficial to the Borough. The motion was seconded and CARRIED by unanimous roll call vote. C) Case S93-034. Request for preliminary approval of the vacation of Lots 3F and 3G, Block 2, Bells Flats Alaska Subdivision, creating Lots 3F-1, 3F-2, 3F-3, and 3F-4, Block 2, Bells Flats Alaska Subdivision. 876 & 883 Preston Lane (Postponed from the November 17, 1993 and December 15, 1993 regular meetings). DUANE DVORAK indicated 50 public hearing notices were mailed for this case and 2 were returned, 1 opposing and 1 stating non -objection to this request. Staff reported that the applicant had called from Anchorage this afternoon requesting postponement of this case until the February 16, 1994 regular meeting because he was not able to be present tonight. Staff concurred and recommended postponement. Regular Session Closed. Public Hearing Opened: Nancy Padget, nearby property owner, appeared before the Commission and urged them to carefully consider comments they might receive from ADEC concerning the stream on these lots, before they make a decision on this case. Public Hearing Closed. Regular Session Opened. P & Z Minutes: January 19, 1994 Page 4 of 9 $ COMMISSIONER BONNEY MOVED TO POSTPONE action on Case S93-034 until the February 16, 1994, regular meeting, and reschedule it for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. D) Case S93-036. Request for preliminary approval of the subdivision of Lot 7, U.S. Survey 3099, creating Lots 7A & 713, U.S. Survey 3099, and defining the Cutoff Road right-of-way and utility easement. 2625 Spruce Cape Road (Revised and postponed from the December 15, 1993 regular meeting). DUANE DVORAK indicated 28 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this subdivision request, subject to conditions. Regular Session Closed. Public Hearing Opened: Petrina Peterson appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO GRANT preliminary approval of the subdivision of Lot 7, U.S. Survey 3099, creating Lots 7A & 713, U.S. Survey 3099, and defining the Cutoff Road right-of-way and utility easement, subject to the conditions of approval contained in the staff report dated January 12, 1994 and to adopt the findings contained in the staff report dated January 12, 1994, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Remove or relocate the accessory building on proposed Lot 7B to a legal location. 2. Relocate the underground fuel tank on proposed Lot 7B to the lot that it presently serves. 3. Include a plat note on the final plat which states: "Development of Lot 7B will be restricted to such a time that a new water service can be installed for it (KIB Code 13.01.030.)" 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 P & Z Minutes: January 19, 1994 Page 5 of 9 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. E) Case S93-018. Request for Review of a revised plat for the subdivision of Lot 1, Block 3, Kadiak Alaska Subdivision, First Addition, creating Lots lA - 1J, Kadiak Alaska Subdivision, First Addition. 3382 Sharatin Road. DUANE DVORAK indicated 23 public hearing notices were mailed for this case and 2 were returned, 1 opposing tree cutting on the lot and 1 stating non -objection to this request. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval for a revised plat of the subdivision of Lot 1, Block 3, Kadiak Alaska Subdivision, First Addition, creating Lots lA - 1J, Block 3, Kadiak Alaska Subdivision, First Addition, subject to the conditions of approval contained in the staff report dated January 12, 1994, and to adopt the findings contained in the staff report dated January 12, 1994, as "Findings of Fact" for this case. CK�]►1�7_F_�i1�7�3�]'rla\3�:I�I+l:��f 1. Increase the width of the electrical utility easement along Sharatin Road and Carroll Way to 10 feet. 2. Provide a 5 foot electrical utility easement along the frontage of Eggemeyer Circle. 3. Provide a 27 foot by 10 foot anchor/downguy easement on Lot 1C as requested by KEA in the letter dated December 28, 1993. 4. Modify the plat note to restrict the access to all lots in the subdivision to Eggemeyer Circle. 5. Per Section 16.80.100 (Exceptions to Minimum Standards) of the Borough Code, submit an engineered intersection plan to the Borough Engineering and Facilities Director in order to obtain an exception to Sections 16.80.050.13 and 16.80.050.D.1. P& Z Minutes: January 19, 1994 Page 6 of 9 1 C 6. Any change from the approved drainage plan required by the revised subdivision design must be reviewed and approved by the Borough Engineering and Facilities Department. FINDINGS OF FACT 1. This plat, with conditions of approval, will meet 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. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION to include a seventh condition of approval, as suggested in the Engineering/Facilities memorandum dated December 21, 1993, as follows: 7. Provide a 5 foot construction easement along Lots lA and W to provide for fill to bring Eggemeyer Circle up to the level of Carroll Way. 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 A) Election of Officers The Commission postponed election of officers until the February 16, 1994 regular meeting, so they would have a full Commission present to nominate from. B) Appointment of Commission representative to the Parks and Recreation Committee The Commission postponed appointment of a representative to the Parks and Recreation Committee until the February 16, 1994 regular meeting, so they would have a full Commission present to choose from. COMMISSIONER SZABO volunteered to be the representative for the February 8 Parks meeting, only until a permanent representative was selected. P & Z Minutes: January 19, 1994 Page 7 of 9 I / IX. COMMUNICATIONS COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. r-- A) Letter dated December 29, 1993 to Pending Rural Development Rezone Applicants, from Linda Freed, RE: Revised zoning regulations for C--Conservation and RD--Rural Development districts. B) Municipality of Anchorage Ordinance No. 93-124(S-3), adopted December 14, 1993, RE: Amending provisions of the Anchorage Municipal Code relating to initiation of code enforcement actions by private citizens. C) Letter dated December 23, 1993 to DeWitt Fields, Kodiak Livestock Co-op President, from Bob Scholze, RE: Violations on Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision. D) Letter dated January 6, 1994 to Jerry and Penny Lampl from Bob Scholze, RE: Storage of wrecked cars on Lot 15A, U.S. Survey 3098. E) Letter dated January 13, 1994 to Rick Bundy from Bob Scholze, RE: Illegal dwellings on Lot 15, Block 7, Monashka Bay Subdivision. There were no further communications. ►. t • e] &I COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Monthly Status Reports for October, November and December, 1993. LINDA FREED reported the following upcoming Planning and Zoning Commission meetings: Wednesday, January 26 - No worksession Thursday, January 27 - Joint worksession with Assembly RE: Lakeside Subdivision and Borough land management policy. Wednesday, February 2 - regular worksession with Jon Isaacs in attendance to discuss the Coastal Management plan update with the Commission and interested parties. Wednesday, February 9 - Packet Review Wednesday, February 16 - Regular Meeting Wednesday, February 23 - Worksession on alternative housing, boarding houses, single residence occupancies, etc. MS. FREED also reported that, hopefully, the Assembly would confirm the appointment of three new Commissioners at their January 25 regular meeting. There were no further reports. P & Z Minutes: January 19, 1994 Page 8 of 9 1 � r XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION as , Acting Chair ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: February 16, 1994 P & Z Minutes: January 19, 1994 Page 9 of 9 11