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1994-04-20 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 20, 1994 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Friend on Wednesday, April 20, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Renato Asuncion Bruce Barrett Tuck Bonney Jeff Knauf Pat Szabo Commissioners Absent: None One position vacant A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following additions to the agenda: IX COMMUNICATIONS C) Minutes from the November 9, 1993 Parks and Recreation Committee Meeting. D) Minutes from the February 8, 1994 Parks and Recreation Committee Meeting. E) Minutes from the March 22, 1994 Parks and Recreation Committee Meeting. F) Memorandum dated March 21, 1994 to Interested Departments from Bud Cassidy, RE: 1991 Tax Foreclosed Lands. G) Letter dated April 19, 1994 to Phil Anderson, VFW, from Bob Scholze, RE: Non -permitted commercial use on Tract A of BLM Tract D, Monashka Bay (ADL 36049). COMMISSIONER BARRETT MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: April 20, 1994 Page 1 of 18 0 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the March 16, 1994 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Case 94-014. Planning and Zoning Commission review of a detailed site plan to permit the placement of a 8 foot by 40 foot storage container (accessory building) on a lot in the PL--Public Use Land Zoning District. Tract C, Block 38, East Addition (Main Elementary School) COMMISSIONER BONNEY MOVED TO APPROVE a detailed site plan to permit the placement of an 8 foot by 40 foot storage container (accessory building) on a lot in the PL--Public Use Land Zoning District on a portion of Tract C, Block 38, East Addition. 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 94-008. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of approximately 29.5 acres of land, comprising the Kodiak Baptist Mission, from RRl--Rural Residential One to UNC-- Urban Neighborhood Commercial; and the investigation of the rezone of Lots 23 and 24A-24E, U.S. Survey 3098; Lot 6, U.S. Survey 3511; Lot 1, Block 1, U.S. Survey 1822; Lot 2A, Block 4 and Lot 1, Block 6, 3066A/B, and Lots 1 & 2, Block 1 and the East portion of U.S. Survey 2739, from RR1--Rural Residential One to a more appropriate zoning district. (Postponed and expanded by the Planning & Zoning Commission from the March 16, 1994 regular meeting). 1910, 1944-2290 and unnumbered lots on Rezanof Drive, East; 1897-1967 Mission Road; 2180 Mill Bay Road; and 117-122 Bancroft Drive. LINDA FREED indicated 78 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended the Commission consider the rezone pattern suggested in the staff memorandum dated March 25, 1994, that the case be advertised as such, and that another public hearing be held at the May 18, 1994 regular meeting, prior to a recommendation being forwarded to the Assembly. Regular Session Closed. Public Hearing Opened: P & Z Minutes: April 20, 1994 Page 2 of 18 Bill Bulen, owner of Lots 21-23, U.S. Survey 3098, appeared before the Commission and expressed his desire for his Lot 23, currently zoned RR1--Rural Residential One, to be zoned the same as the adjoining lots in his ownership. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO POSTPONE Case 94-008 until the May 18, 1994, regular Commission Meeting and to readvertise the request with the zoning pattern indicated in the staff report dated March 25, 1994 as recommended by the staff, and to hold another public hearing on the proposed rezone of the lots under investigation. The motion was seconded. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION by recommending that the portions of U.S. Survey 1822 and U.S. Survey 2843, south of Mission Road and bordering Mission Lake, be proposed for rezoning to C-- Conservation. 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. B) Case 94-013. Request for a conditional use permit, in accordance with Section 17.13.040 (Conditional Uses) of the Borough Code to permit non -recreational mineral extraction activities (placer mining) and related structures in a C-- Conservation Zoning District. Activities will consist of excavating 900,000 cubic yards of material, stock piling overburden and reclaiming disturbed areas. Generally located on Sitkinak Island, south of Kodiak Island, within Sections 19, 25, 27, 28, 29, 30, and 34, T42S, R32W, and Section 30, T42S, R31W, Seward Meridian. LINDA FREED indicated 19 public hearing notices were mailed for this case and none were returned. 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 BARRETT MOVED TO GRANT a request for a conditional use permit, in accordance with Section 17.13.040 (Conditional Uses) of the Borough Code, to permit non - recreational mineral extraction activities (placer mining) and related structures in a C--Conservation zoning district, P & Z Minutcs: April 20, 1994 Page 3 of 18 L3 including the excavation of 900,000 cubic yards of material, stock piling overburden and reclaiming disturbed areas, subject to the conditions of approval contained in the staff report dated March 25, 1994, and to adopt the findings contained in the staff report dated March 25, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The conditional use permit is valid for a period of five (5) years. At the end of five (5) years, further resource extraction activities will require a one (1) time extension (for 5 years) of the conditional use permit based on a review by Community Development Department staff of the activities conducted during the first five (5) years. 2. Any change or enlargement of the scope, scale, size, methods of operation, or location of the resource extraction activities is not permitted under this conditional use permit. A reduction in the size, location, or quantities extracted is permitted. 3. A third party monitoring agency shall be identified to assure compliance with the above conditional use permit conditions. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the scale of operations of the proposed use will preserve the value, spirit, character and integrity of the surrounding area provided certain conditions are adhered to. The Commission recognizes that Sitkinak Island contains important wildlife habitat and that this must be considered in evaluation of a conditional use permit for resource extraction activities. Although the Borough lacks the expertise to make site specific recommendations to protect biological resources, the Planning and Zoning Commission does not feel that this should preclude issuance of a conditional use permit. Detailed site specific requirements or stipulations can and will be incorporated into the required state and federal permits for the proposed activity. At the state level, stipulations on the mining activities are included as r-- a part of the Alaska Coastal Management Program (ACMP) consistency determination from the Office of Management and Budget, Division of Governmental Coordination (DGC). The recommendations of all state resource agencies having jurisdiction (e.g., ADEC, ADF&G, DNR) are considered and incorporated into the DGC consistency determination. At the federal level, conditions or stipulations can be attached to the required permits from the U.S. Army Corps of Engineers (COE) and the Environmental Protection Agency (EPA). The federal permitting process also includes review by and incorporation of recommendations from the federal P & Z Minutes: April 20, 1994 Page 4 of 18 , z, resource agencies having jurisdiction (e.g., USF&WS, NMFS, etc.). The Planning and Zoning Commission finds that the detailed state and federal permitting process will adequately protect important wildlife habitat and biological resources. Therefore, the land use activity of excavating 900,000 cubic yards of material, stock piling overburden and reclaiming disturbed area, under appropriate conditions, should not adversely impact or be detrimental to 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 and support activities will fulfill all other requirements of the C--Conservation zoning district such as lot area and setback requirements. Adherence to other borough ordinances is handled through the zoning compliance and building permit process. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public's health, safety, convenience or comfort. Sitkinak Island is isolated and not generally used by the public. Resource extraction, under appropriate conditions, can take place in such a manner as to minimize conflicts with the grazing activities currently located on the island. Most importantly, placer mining requires an extensive state and federal review and permitting process. The proposed mining activity has been found consistent with the KIBCMP and the ACMP. This extensive review process will ensure protection of the public's health, safety and general welfare. 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. This mining operation has been reviewed periodically and has not been changed significantly since the original CUP was granted by the Commission in Case 87-068. The applicant has obtained all required permits and reviews at all levels of government. Since the scope of the project has not changed substantially since the original approval, the setbacks, lot areas, buffers and other safeguards imposed on this project should still be adequate to ensure the project complies with the conditions listed in subsections A through C of this section. The motion was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: April 20, 1994 Page 5 of 18 1r C) Case 94-015. Request for a variance from Section 17.26.100 (Separation Distances) of the Borough Code, to permit a recently located mobile home to project 6 feet into the required 15 foot minimum separation requirement between mobile homes. Space 2, Lot 13, U.S. Survey 3098, 1826 Mill Bay Road. LINDA FREED indicated 27 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Tony Perez, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNAUF MOVED TO GRANT a variance from Section 17.26.100 (Separation Distances) of the Borough Code, to permit a recently located mobile home on Space 2, Lot 13, U.S. Survey 3098, to project 6 feet into the required 15 foot minimum separation requirement between mobile homes. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER KNAUF MOVED TO ADOPT the findings contained in the staff report dated March 25, 1994, as "Findings of Fact" for this case. 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. There are no physical circumstances or conditions applicable to the property that have not been created by the property owner and/or mobile home park residents which generally do not apply to other mobile home parks. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the minimum separation distance requirements would require the removal of the 12 foot wide mobile home. This would result in practical difficulties and hardship for the mobile home owner. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity P & Z Minutes: April 20, 1994 Page 6 of 18 �� nor be detrimental to the public's health, safety and welfare. A variance would not result in material damages or prejudice other properties in the vicinity of Space 2. A variance would not be detrimental to the public's health, safety or welfare. Granting of the variance would be prejudicial to other mobile home park owners and residents who have complied with the minimum separation distance requirements. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The comprehensive plan does not address site specific standards such as minimum separation distances in mobile home park design. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. The zoning compliance permit (CZ-94-012) specifically referenced the applicable code section for the applicant and the mobile home owner prior to the placement of the mobile home on Space 2. If there was any question about the minimum separation distances as set forth in the Borough Code, the applicant and the mobile home owner had a reasonable opportunity to obtain the information prior to placement of the mobile home in violation of the minimum separation distance requirements. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of a variance will not permit a prohibited land use in the B--Business zoning district. The mobile home park on Lot 13, U.S. Survey 3098, is a grandfathered nonconforming use. The MOTION was seconded and CARRIED by unanimous roll call vote. D) Case 94-017. Request for a conditional use permit, in accordance with Section 17.33.030 G (Conditional Uses) of the Borough Code, to permit a 160 foot broadcasting tower, a 28 foot wide satellite antenna and a 16 foot by 24 foot single level equipment building on a lot in the PL--Public Use Land Zoning District. Lot 5A-1, U.S. Survey 2538A LINDA FREED indicated 36 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended approval of this request, subject to conditions. P & Z Minutes: April 20, 1994 Page 7 of 18 n Regular Session Closed. Public Hearing Opened: Mike Waller, agent, appeared before the Commission to explain the project plans, and to answer questions. Tom Merriman appeared before the Commission and expressed opposition to this request because of his concern for neighborhood aesthetics, the height of the tower, and for the safety of aircraft flying in the Kodiak area. Don Lawhead appeared before the Commission and expressed opposition to this request, because of his concern about the height of the tower and aircraft safety. Wally Johnson appeared before the Commission and expressed opposition to this request because of his concern for neighborhood aesthetics, and for the safety of aircraft flying in the Kodiak area. A letter from Helen Hall, opposing this request, was read into the record. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.33.030 G (Conditional Uses) of the Borough Code, to permit a 160 foot broadcasting tower, a 28 foot wide satellite antenna and a 16 foot by 24 foot single level equipment building on Lot 5A-1, U.S. Survey 2538AB; subject to the conditions of approval contained in the staff report dated March 31, 1994; and to adopt the findings contained in the staff report dated March 31, 1994, as "Findings of Fact" for this case. The motion was seconded. The Commissioners discussed the public's concerns for the height of the tower and aircraft safety. They agreed that the project was a necessary one for the Kodiak community, but felt that the height of the tower was a valid concern. They discussed possible alternate locations, and the possibility of making the tower shorter. At the request of the Commission, Mike Waller appeared again to answer questions. He stated that the location was the best in town due to the lack of "shadowing" and that although 160 feet was the ideal height for the tower, the project might be able to "make do" with a 120 foot tower. COMMISSIONER KNAUF MOVED TO POSTPONE action on Case 94-017 until the May 18, 1994 regular meeting to allow the agent to revise the request, and to hold another public hearing at that time. The MOTION was seconded and CARRIED by roll call vote 4- 2. COMMISSIONERS BARRETT and SZABO voted no. P & Z Minutcs: April 20, 1994 Page 8 of 18 �� n E) Case 94-018. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of Lots 9 and 10, Block 1, Pasagshak Subdivision, from RRl-- Rural Residential One to RNC--Rural Neighborhood Commercial. LINDA FREED indicated 33 public hearing notices were mailed for this case and 2 were returned, opposing this request. Staff recommended postponement of this case, that the notification area be increased to include all lots in the Pasagshak Subdivision, and that another public hearing be held at the May 18, 1994 regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. A letter was read into the record from Blake Kinnear, opposing this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASUNCION MOVED TO EXPAND the notice area for Case 94-018, to include all property owners in the Pasagshak Subdivisions, and to postpone action on this case until the May 18, 1994, regular Commission meeting and reschedule it for another public hearing at that time. The motion was seconded and CARRIED by roll call vote of 5- 1. COMMISSIONER BONNEY voted no. F) Case S94-006. Request for preliminary approval of the subdivision of Lot 2, U.S. Survey 3103, creating Lots 2A and 213, U.S. Survey 3103, 2895 Island Lake/Backside Road. (Postponed from the March 16, 1994 regular meeting). LINDA FREED indicated 30 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: r Len Grothe, acting as agent for the applicants, appeared before the Commission and stated that the applicants had no objections to the suggested conditions of approval for this request, except they requested that the utility and access easement be designated for utilities and private access only, so as not to cause setback problems for the property owners. LINDA FREED clarified that designating the existing driveway as a utility and public access easement would not create setback requirements the same as those for a public right-of- way dedication. P & Z Minutes: April 20, 1994 Page 9 of 18 : R Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval to the subdivision of Lot 2, U.S. Survey 3103, creating Lots 2A and 213, U.S. Survey 3103; subject to the revised conditions of approval contained in the staff report dated April 16, 1994 and to adopt the findings contained in the staff report dated April 16, 1994, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Remove a portion of the arctic entry from the dwelling on proposed Lot 2B to meet the side setback requirement of the RR1--Rural Residential One zoning district. 2. Provide as -built information for the existing water and sewer utilities to the KIB Engineering and Facilities Department. 3. Plat a 50 foot public utility and access easement across Lots 2A and 213 corresponding, to the extent feasible, with the alignment of the road and utilities serving the backside of Island Lake. The additional width should be platted on the uphill side of the existing access road, where it crosses Lots 2A and 213, in order to eliminate potential conflict with existing improvements on the lots. 4. Place the following note on the final plat: "Further subdivision of Lots 2A and 2B is prohibited until the road accessing the lots is improved to the Borough's local road standards." FINDINGS OF FACT 1. With conditions, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 (Subdivisions) of the Borough Code. 2. With conditions, this plat meets the requirements of Title 17 (Zoning) 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. G) Case 594-007. Request for preliminary approval of the creation of Lots 1 and 2, Tract E, within U.S. Surveys 2261 and 4947, and the vacation of a 20 foot electrical easement across proposed Lots 1 and 2. Generally located on Near Island. P & Z Minutes: April 20, 1994 Page 10 of 18 90 LINDA FREED indicated 4 public hearing notices were mailed for this case and none were returned. 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 SZABO MOVED TO GRANT preliminary approval of the creation of Lots 1 and 2, Tract E, within U.S. Surveys 2261 and 4947, and the vacation of a 20 foot electrical easement across proposed Lots 1 and 2, subject to the condition of approval contained in the staff report dated March 25, 1994, and to adopt the findings contained in the staff report dated March 25, 1994, as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Vacation of the electrical easement across proposed Lots must be reviewed by the Kodiak City Council, in accordance with Section 16.60.060 (Additional Approval) of the Borough Code, 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. H) Case S94-008. Request for preliminary approval of the vacation of a 20 foot construction and maintenance easement, located along the front lot line on Lot 12, Mountain View Subdivision, adjacant to Mountain View Drive. 1417 Mountain View Drive. LINDA FREED indicated 33 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: P & Z Minutes: April 20, 1994 Page 11 of 18 �t Kwasi Malezi, applicant, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASUNCION MOVED TO GRANT preliminary approval of the vacation of a 20 foot construction and maintenance easement, located along the front lot line on Lot 12, Mountain View Subdivision, adjacent to Mountain View Drive, subject to the conditions of approval contained in the staff report dated March 25, 1994, and to adopt the findings contained in the staff report dated March 25, 1994, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The shop/accessory building that encroaches the road right-of-way and the platted easement must be relocated to a legal location prior to final approval of the vacation. 2. The vacation must be reviewed and approved by the Kodiak Island Borough Assembly, per Section 16.60.060 (Additional Approval Required) of the Borough Code, prior to final approval of the vacation. 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. The vacation of a twenty (20) foot platted road construction and maintenance easement on Lot 12, Mountain View Subdivision, will not adversely impact the ability of area residents to gain access to their property in Mountain View Subdivision. In addition, the vacation will not affect the ability to provide adequate road maintenance and snow removal for the residents along Mountain View Drive. The motion was seconded and CARRIED by unanimous roll call vote. There was a fifteen (15) minute recess. I) Case S94-010. Request for preliminary approval of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision, creating Lots 7A-1 through 7A-6, Block 5, Miller Point Alaska Subdivision. 4053 Cliffside Drive. LINDA FREED indicated 23 public hearing notices were mailed for this case and 4 were returned opposing this request. Staff recommended approval of this request, subject to conditions. P & Z Minulcs: April 20, 1994 Page 12 of 18 73 Regular Session Closed. Public Hearing Opened: Len Grothe, partner with the applicant, appeared before the Commission to answer questions and to express support for this request. Joe Stevens, 4260 Cliffside Road, appeared before the Commission and expressed opposition to this request. He was concerned about road safety and additional traffic on Cliffside Road. Barbara Rabold, owner of Lot 9, Block 1, Miller Point Alaska Subdivision 2nd Addition, appeared before the Commission and expressed opposition to this request. She was concerned about maintaining the character of the neighborhood and suggested the Commission limit the number of lots to no more than three (3). She was also concerned about possible wetlands on Lot 7A. Len Schwarz, owner of Lot 513-1, Block 1, Miller Point Alaska Subdivision 2nd Addition, appeared before the Commission and expressed opposition to this request, for the same reasons as expressed by Ms. Rabold. -- Shirley Berns, owner of Lot 9, Block 5, Miller Point Alaska Subdivision, appeared before the Commission and expressed opposition to this request, for the same reasons as expressed by Ms. Rabold. Emil Norton, owner of Lot 7, Block 1, Miller Point Alaska Subdivision 2nd Addition, appeared before the Commission and expressed opposition to this request. He was concerned for the water rights he was granted in the early 1960's and for the wetlands on Lot 7A. Len Grothe appeared again to state that Lot 7A had been for sale from the Borough for several years and that anyone could have purchased it during that time. He stated that minimum lot size is 7,200 square feet and that he felt that the average 10,000 square foot lots he proposed were more than generous for that area. Barbara Rabold appeared again to reconfirm that her main concern for the development of this lot was the density. At this time, three letters were read into the record, all opposing this request, submitted by Stacy Studebaker and Mike Sirofchuck, Dana and Jeanette Campbell, and LeRoy Cossette. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision, creating Lots 7A-1 through 7A-6, Block 5, P & Z Minutes: April 20, 1994 Page 13 of 18 r74 "average" lot size, to make it clear to the developer what their intentions are. The AMENDMENT FAILED by roll call vote of 3-3. COMMISSIONERS KNAUF, SZABO, and FRIEND voted no. COMMISSIONER BARRETT MOVED TO AMEND the main motion to reflect a minimum lot size of 17,500 square feet. The motion was seconded. At CHAIR FRIEND'S request, Mr. Grothe was allowed to address the Commission. Mr. Grothe requested that the Commission either approve or deny his subdivision as proposed, rather than require him to reconfigure the subdivision in a way that might not be economically feasible for him. COMMISSIONER BARRETT withdrew his amendment, with the second's concurrence. The question was called and the MAIN MOTION FAILED by roll call vote of 1-5. COMMISSIONERS SZABO, KNAUF, BONNEY, ASUNCION and BARRETT voted no. COMMISSIONER SZABO MOVED TO POSTPONE findings of fact until the May 18, 1994 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. J) Case 94-016. Investigation of the possible implementation of a Boarding House Overlay Zoning District and SRO (Single Resident Occupancy) development standards, as additions to the Kodiak Island Borough zoning code. LINDA FREED indicated no individual public hearing notices were mailed for this case, as it is a proposed zoning code addition, however, the Commission had held advertised worksessions on this case since September, 1993, and produced a Public Hearing Draft for consideration at this public hearing. MS. FREED pointed out that staff had prepared a suggested strategy for implementing the boarding house overlay district, based on the discussion at the packet review worksession, for the Commission's consideration. Staff recommended forwarding these proposed code additions to the Borough Assembly with a recommendation of approval. Regular Session Closed. Public Hearing Opened: Robin Killeen of 1513 Simeonof, appeared before the Commission and expressed concern for the implications these proposed code additions would have on the R-1 neighborhood she lives in. P & Z Minutes: April 20, 1994 Page 15 of 18 ?S Miller Point Alaska Subdivision, subject to the conditions of approval contained in the staff report dated March 25, 1994, and to adopt the findings contained in the staff report dated March 25, 1994, as "Findings of Fact" for this case. The motion was seconded. COMMISSIONER BARRETT expressed his concern about the need to maintain the integrity of the neighborhood, and stated that he would vote against the request as presented, and would recommend the applicant reconfigure the lots to address the drainage, and to reflect a minimum lot size of 20,000 square feet. COMMISSIONER BONNEY agreed with COMMISSIONER BARRETT'S comments, but felt that a more appropriate minimum lot size would be 15,000 square feet. COMMISSIONER SZABO stated that her main concern was for traffic impacts and safety along Cliffside Road. COMMISSIONER KNAUF stated that he was opposed to this request because he felt that the 6 lot configuration would be detrimental to the neighborhood's integrity. COMMISSIONER ASUNCION agreed with COMMISSIONER r - BONNEY'S suggestion of 4 lots of 15,000 square feet. COMMISSIONER BONNEY MOVED TO AMEND THE MAIN MOTION to require the applicant to reconfigure the subdivision to provide no more than 4 lots, at a minimum of 15,000 square feet each. The motion to AMEND was seconded. CHAIR FRIEND stated that he supported the 6 lot subdivision as submitted, because he felt that the precedent had been set, in that lots of approximately 7,200 square feet had already been allowed in the area. He said that the Commission should not deny Mr. Grothe the right which had already been granted to other property owners on Cliffside Road. The Commissioners discussed their individual concerns for the subdivision. COMMISSIONER SZABO had reservations about the amendment as it was stated, in that it takes away the applicant's "creativity" to configure the lots in a way that would still be beneficial to him. At the request of the Commission, staff answered questions concerning neighborhood density and lot sizes. LINDA FREED suggested that, considering the current zoning of the area, similar requests would continue to arise, and perhaps a rezone would be appropriate for the Commission to consider. MS. FREED said that the issue the Commission appeared to be most concerned about was density, therefore, they should consider setting a "minimum" lot size, rather than an P & Z Minutes: April 20, 1994 Page 14 of 18 76 Mary Lee Brown appeared before the Commission and expressed concern for the implications these proposed code additions would have on the R-1 neighborhood she lives in. She felt more public input should be solicited. CHAIR FRIEND explained the process for obtaining permission for a boarding house under the new regulations, to those who had testified. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO FORWARD Case 93- 063 containing the final draft of the proposed Boarding House Overlay Zoning District and the Single Resident Occupancy Standards to the Kodiak Island Borough Assembly with the recommendation that these provisions be adopted into Title 17 of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER ASUNCION MOVED TO FORWARD the strategy regarding the implementation of the Boarding House Overlay Zone to the Borough Assembly as a supplement to Case 93-063, with a recommendation for Assembly approval. STRATEGY 1. The Commission proposes that a grace period be established for a one or two year period where owners and operators of boarding houses would be able to request the appropriate zoning and permit actions to become legal without fear of code enforcement. The Commission further proposes that the Borough Assembly waive the fees specified in the current fee schedule resolution for boarding house related rezone and conditional use permit requests during the grace period. Waiving of fees is only for those people who are legalizing an existing boarding house. As part of the grace period, the Borough should heavily publicize these regulations, making clear that the efforts are directed at concerns about health and safety issues, as well as the zoning issue. 2. The Commission notes that, in accordance with section 17.72.030 A and C (Amendments) of the Borough Code, both the Borough Assembly and the Commission can initiate rezone investigations to implement boarding house overlay zoning without a petition from the public. 3. The Commission proposes looking at the existing enforcement policy and procedures, to provide systematic zoning enforcement without complaint for boarding house uses. If illegal boarding houses are shut down one - by -one, so that all residents of boarding houses are not displaced at one time, then the owners and operators of P & Z Minutcs: April 20, 1994 Page 16 of 18 r)rd P- the boarding houses will have the incentive to upgrade the property to meet the minimal zoning and building standards established for the use. This would move boarding houses towards conformity with the code or have them risk losing revenue by being shut down. By making a firm commitment to this type of systematic enforcement, it is expected that actual enforcement effort will be minimized when the boarding house owners and operators realize that enforcement of zoning codes is inevitable. The motion was seconded and 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 BONNEY MOVED TO ACKNOWLEDGE RECEIPT of items A through G of communications. The motion was seconded r-- and CARRIED by unanimous voice vote. A) March 21, 1994 Newsletter, Horseshoe Lake Community Association B) Letter dated March 23, 1994 to Larry Bullis, DNR, Div. of Land, from Linda Freed, RE: Permit applications for log transfer activities in Kalsin Bay. C) Minutes from the November 9, 1993 Parks and Recreation Committee Meeting. D) Minutes from the February 8, 1994 Parks and Recreation Committee Meeting. E) Minutes from the March 22, 1994 Parks and Recreation Committee Meeting. F) Memorandum dated March 21, 1994 to Interested Departments from Bud Cassidy, RE: 1991 Tax Foreclosed Lands. G) Letter dated April 19, 1994 to Phil Anderson, VFW, from Bob Scholze, RE: Non -permitted commercial use on Tract A of BLM Tract D, Monashka Bay (ADL 36049). There were no further communications. X. REPORTS COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: April 20, 1994 Page 17 of 18 �? A) Community Development Department Status Reports, January and February, 1994. LINDA FREED gave an update on the status of SB 308. She reported the following upcoming meetings: Worksession - Wednesday, April 27, 7:30 p.m. in Conference Room, RE: Discussion of possible rezone of Block 3, Lakeside Subdivision NO Joint worksession with Assembly on April 28 concerning Coastal Management Program update. The Assembly wants to wait until after their budget deliberations are complete, to meet with the Commission on this subject. Worksession - Wednesday, May 4, 7:30 p.m. in Conference Room, RE: Kodiak Island Borough Coastal Management Program update. There were no further reports. XI. AUDIENCE COMMENTS Joe Stevens appeared before the Commission to comment on Case 94-017. He stated that he believes the proposed tower is necessary and will not adversely impact the community. He also commented on Case S94-010, and appreciated that the Commission took not only the factual issues of the proposed subdivision into consideration, but the public concerns as well. There were no further audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 10:15 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Jerrol Friend, Chair ATTEST Eileen Probasco, Secretary Community Development Department DATE APPROVED: May 18, 1994 P & Z Minutes: April 20, 1994 Page 18 of 18 r?C.l