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1994-06-15 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 15. 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 June 15, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Others Present: Jerrol Friend, Chair Linda Freed, Director Bruce Barrett Community Development Dept. Tuck Bonney Bob Scholze, Associate Planner Jeff Knauf Community Development Dept. Pat Szabo Eileen Probasco, Secretary Community Development Dept. Commissioners Absent: Renato Asuncion - Excused One position vacant A quorum was established. APPROVAL OF AGENDA Staff reported the following additions to the agenda: IX COMMUNICATIONS E) Letter dated May 27, 1994 to Bob Lloyd, BLM, from Bob Scholze, RE: Illegal dwelling on Lot 19, Russian Creek Subdivision. F) Notice dated May 25, 1994 from Thomas C. Warren, U.S. Dept. of Interior, Minerals Management Service, RE: Lower Cook Inlet Sale 149 Update. G) Letter dated June 6, 1994 to Linda Freed, from Robin Killeen, Chairperson of East Addition Homeowners Association, RE: Their interest in participating in the update of the Kodiak Island Borough Comprehensive Plan. H) Letter dated June 1, 1994 to Robert C. Flint, Pipeline Cooridor Regional Office, ADEC, from Linda Freed, RE: Alyeska Prince William Sound Tanker Oil Discharge Prevention and Contingency Plan, and request for additional information. P & Z Minutes: June 15. 1994 Puigc I al 21 a1� I) Letter dated June 10, 1994 to Tommy and Aurora Natividad from Bob Scholze, RE: Illegal duplex on Lot 9, Block 5, Leite Addition (1510 Mission Road). J) Letter dated June 9, 1994 to Jerrol Friend, Commissioner, from Michael Brechan, RE: Pasagshak - Narrow Cape Planning. COMMISSIONER SZABO MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER BARRETT MOVED TO ACCEPT the minutes of the May 18, 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 Robin Killeen, representing East Addition Homeowners Association, appeared to bring to the attention of the Commission Communications Item G, expressing their interest in participating in the update of the Kodiak Island Borough Comprehensive Plan, to .— ensure protection of residential neighborhoods. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 94-008. Request for a conditional use permit, in accordance with Section 17.23.040 (Conditional Uses) of the Borough Code to permit the continued use of the grandfathered group home facility, (including residential child care, alternate activities program for youth, and youth training through sale house activities) located at the Kodiak Baptist Mission. Lot 4, Hospital Subdivision, and portions of U.S. Survey 1822 and 2843. 1944 Rezanof Drive. (Postponed from the March 16, 1994 regular meeting). BOB SCHOLZE indicated 53 public hearing notices were mailed and none were returned. Staff recommended approval of this request, contingent upon approval, by the Assembly, of the rezone of the property to UNC--Urban Neighborhood Commercial. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO APPROVE a conditional use permit, in accordance with Section 17.23.040 (Conditional P & Z Minutes: Junc 15, 1994 Peg,, 2 ot21 Uses) of the Borough Code to permit the continued use of the institutional group home facility, (including residential child care, alternate activities program for youth, and youth training through sale house activities) located at the Kodiak Baptist Mission complex, subject to the approval, by the Borough Assembly, of a rezone of the site to UNC--Urban Neighborhood Commercial; and to adopt the findings contained in the staff report dated May 22, 1994 as "Findings of Fact" for this case. 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The institutional group home use established on the KBM complex has been located in the community for many years. This group home serves the community as well as other areas of the state by providing a structured living environment for young people. The CUP will make the existing facilities conform to the proposed UNC--Urban Neighborhood Commercial zoning district, if the rezone is approved. This CUP will only be effective in this regard if the rezone is subsequently approved for the UNC--Urban Neighborhood Commercial zoning by the Borough Assembly. The local board and director of the KBM have indicated no plans for expansion of the existing group home operations. If this situation changes, however, the rezone to UNC--Urban Neighborhood Commercial and a CUP would make the permitting process much more efficient, if replacement or expansion of facilities is required in the future. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The existing group home facility within the KBM complex fulfills all other requirements of a conditionally permitted institutional use under Chapter 17.23.040.E (Conditional Uses) of the Borough Code. The KBM staff should obtain a zoning compliance permit from the Kodiak Island Borough Community Development Department documenting the extent of existing group home operations for the record. This will preserve the CUP, which is good for 24 months from the date of approval and will provide a baseline of data for staff to consider if and when the use of the KBM complex is modified or expanded. The zoning compliance will show that the use complies with the existing zoning (provided the related rezone is passed and approved the Borough Assembly). 3. That granting the conditional use permit will not be harmful to the public health safety convenience and comfort. The Kodiak Baptist Mission (KBM) has had a presence in the Kodiak Community for over 100 years. During this P & Z Minutes: June 15, 1994 Page 3 of 21 a 1 u time the KBM complex has continued to grow and evolve with the needs of the community and state child welfare agencies. There are no complaints on file regarding the land uses occurring at the KBM complex. KBM has always been a good neighbor to the surrounding land owners and the community as a whole. The provision of appropriate zoning and the approval of a conditional use permit to legitimize the institutional youth group home operated there will not be harmful to the public health, safety, convenience and comfort. Even though the structures may be older, they are all inspected to ensure compliance with current building and safety requirements as a state approved childcare facility. 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 existing site of the Kodiak Baptist Mission complex is many times larger than necessary to provide for the existing group home facilities located there. The UNC-- Urban Neighborhood Commercial zoning district require setbacks that are identical to those of the urban residential zoning districts. This will help some of the structures on the site become conforming by reducing existing lot line and setback encroachments. A vacation and replat to consolidate the site is the only way to eliminate all encroachments, however. If the Commission believes that additional setbacks relating to the group home use are appropriate, then the Commission can require setbacks, buffers or screening as conditions of approval for this request. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 94-017. Request for a conditional use permit, in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code, to permit an additional 40 feet of tower height on a previously approved 120 foot broadcasting tower, on a lease lot in the PL--Public Use Land Zoning District. Lot 5A-1, U.S. Survey 2538A, 717 Rezanof Drive East. BOB SCHOLZE indicated 36 public hearing notices were mailed for this case and none were returned, however, a petition was submitted, signed by many people expressing support for this 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. P & Z Minutes: June 15, 1994 Page 4 of 21 I If F F COMMISSIONER KNAUF 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 an additional 40 feet of antenna height to a previously approved 120 foot broadcasting tower, bringing the permitted height to a total of 160 feet, on Lot 5A-1, U.S. Survey 2538AB; and to adopt the findings contained in the staff report dated May 22, 1994, as "Findings of Fact" for this case. The motion was seconded. COMMISSIONER BARRETT stated that he had received several calls during the past weeks, from neighbors who were concerned about the aesthetics of the proposed tower. He expressed disappointment that these people had not submitted written opposition or appeared to testify. He said that since no one had submitted written opposition or testified against the CUP tonight, he would vote in favor of it. COMMISSIONER SZABO stated that she would also vote in favor of the request. She thanked Mike Waller for supplying the Commission with all of the technical information they had requested. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. An additional 40 feet in tower height will not substantially affect the surrounding area any more than the permitted 120 foot broadcasting tower. The wider broadcast area may reduce the need for other antennae and satellite dishes in the area by attracting other broadcasting organizations to put their antennae on the tower. The Commission has the prerogative to require conditions of approval in order to insure that all aspects of the proposed development are consistent with the character and integrity of the surrounding area. The use will also be consistent with the existing use of the land for residential and office purposes farther from ground level. This will ensure, to the extent possible, that signals broadcast from the tower do not interfere with other electronic appliances on the ground. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The use of this land for a transmitter tower has been approved by the Commission and this review seeks only to review the maximum height of the proposed broadcasting tower. The tower height permitted in this situation is whatever the Commission approves. The FAA has also approved a maximum height of 160 feet (Study # 94-AAL-049-OE). P & Z Minutes: June 15, 1994 Page 5 of 21 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 health, safety, convenience or comfort if the tower is properly engineered and constructed to meet the requirements of the Uniform Building Code. Compliance with these codes will be ensured through the building permit and inspection program operated by the City of Kodiak. A taller tower height will place an additional 40 feet between the broadcasting antennae and the people living and working on the ground. It should also provide a greater margin of certainty that broadcast signals from the tower do not interfere with electronic appliances in the area. 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. Based on the tower plans submitted, it appears that additional buffers or other safeguards will have no effect on the proposed tower height of 160 feet. 5. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. The additional tower height is located in an area that should maximize public benefits. The structure will be located on a site that is currently devoted to public land uses and structures. This proposed tower addition may permit the consolidation of other broadcast transmitter facilities presently located in the area, and provide a wider range of radio and television broadcasting services to areas in and around Kodiak not presently served by a full range of broadcast services. The question was called and the MOTION CARRIED by unanimous roll call vote. C) Case 94-020. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of Lot 15, U.S. Survey 3471, from RR1--Rural Residential IOne to RNC--Rural Neighborhood Commercial or PL--Public Use Land, and A conditional use permit, in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code, to permit a microwave communications tower and related equipment on Lot 15, U.S. Survey 3471. 37044 Chiniak Highway. BOB SCHOLZE indicated 21 public hearing notices were mailed for this case and 3 were returned, 1 in favor, 1 P & Z Minutes: June 15, 1994 Page. 6 of 21 opposing, and 1 stating non -objection to rezoning to PL--Public Use Land if the site impact and tree cutting was minimal. Staff recommended forwarding the rezone request to the Borough Assembly with a recommendation of approval, and approval of the CUP, subject to conditions. Regular Session Closed. Public Hearing Opened: Craig Johnson, agent, appeared before the Commission and expressed support for this request. Chuck Stauffer, manager of PTI's Kodiak office, appeared before the Commission and expressed support for this request. Woody Koning, Chiniak resident, appeared before the Commission and expressed support for this request. Cliff Stone, Chiniak resident, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO FORWARD the rezone of a Portion of Lot 15, U.S. Survey 3471 from RR1-- �*^ Rural Residential One to PL--Public Use Land, to the Kodiak I Island Borough Assembly, in accordance with Section 17.72.055 (Submission to Assembly) of the Borough Code, with a recommendation for approval subject to the condition of approval contained in the staff report dated May 22, 1994, and to adopt the findings contained in the staff report dated May 22, 1994 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. The applicant will provide a metes and bounds description of the portion of Lot 15 to be rezoned to PL-- Public Use Land prior to forwarding the case to the Borough Assembly. The area of PL--Public Use Land zoning will not be less than 2 acres, consistent with the objectives of the Chiniak Community Comprehensive Plan. This will also ensure that, to the extent feasible, there is adequate area for natural vegetative screening from adjoining properties, also an objective of the plan. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from RR1--Rural Residential One to PL--Public Use Land is needed and justified because the PL--Public Use Land zoning district permits development that: P & Z Minutes: June 15, 1994 Pagr 7 of 21 A. is generally consistent with the provisions of the Chiniak Community Comprehensive Plan, B. requires a detailed site plan review by the Planning and Zoning Commission before development permits can be issued by Borough staff, C. is suitable only for use by government entities and bonaffde public utilities such as water and sewer service districts, electrical utilities, telephone utilities, etc. D. will not create any nonconforming uses on Lot 15, E. will not generate a substantial traffic increase between Chiniak and Kodiak, and F. can provide improved infrastructure or public facilities for which there is a need in the community; which may improve public safety; and which will enhance the quality of life for local residents. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from RR1--Rural Residential One to the PL--Public Use Land zoning district is necessary in order to provide a suitably located upland site for development of a telephone communications system that will utilize microwave technology to improve the quality of voice transmission between Chiniak and Kodiak. The Chiniak Community Comprehensive Plan generally identifies the areas and conditions that are appropriate for the development of public and quasi public facilities that will enhance the quality of life in Chiniak. The types of uses that are permitted in the PL--Public Use Land zoning district are related primarily to the needs of the public and the requirements of the zone are intended to allow the provision of these support services close to, or within, the areas to be served. The PL--Public Use Land zoning district provides for Commission review of all permitted uses to insure that in every development permitted by the zone that the public's interests are j` balanced with those of the immediately adjoining land owners. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER SZABO MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code to permit a microwave communications tower and related equipment on Lot 15. U.S. Survey 3471; subject to the conditions of approval contained in P & Z Minutes: June 15, 1994 Page 8 of 21 the staff report dated May 22, 1994; and to adopt the findings contained in the staff report dated May 22, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The area designated for the sole use of the microwave communications tower and related equipment will be no less than two (2) contiguous acres at the front of Lot 15. Future subdivision of the site will be based upon a metes and bounds description. 2. The color of the tower and related equipment will be subdued to blend in with the natural environment surrounding the site, to the extent permitted by other applicable regulations. 3. The development of the communications facility will preserve, to the maximum extent possible, all natural vegetation immediately surrounding the constructed facilities to the edges of the property. 4. To the maximum extent possible, the microwave tower and related equipment will be located centrally on the forward portion of Lot 15 per the site plan included with this request. 5. Should the site be abandoned in the future due to the advance of communications technology or the development of alternative communications facilities, the site will be cleared within one (1) year of abandonment and returned to a natural state. 6. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications will be reviewed by the Planning and Zoning Commission at a public hearing prior to the implementation of such changes. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Utility installations in residential areas, such as power lines, telephone lines and other infrastructure facilities, it are often considered part and parcel of residential development. Service lines are often located in right-of- ways and utility easements in residential areas with no regulation by municipal governments. When an electrical substation or telephone switching facility are located in a residential area, it may be hard to eliminate all impacts to adjoining properties. The most prevalent concern for this kind of development is usually an aesthetic one. In this case, the Commission must weigh the potential benefits of improved utility service to the P & Z Minutes: June 15, 1994 Page 9 of 21 1av Chiniak community against the potential impact to adjoining land owners. Conditions of approval to address these concerns must be reasonably applied to the request in order to mitigate the impact to the extent feasible and prudent. Conditions of approval to address the aesthetic and visual concerns of the public and, in particular, adjoining landowners will preserve the value, spirit, character and integrity of the surrounding area. The natural vegetation on the site will be maintained around the proposed microwave tower and related facilities to the extent possible. The color of the tower and related facilities should be subdued or camouflaged to the maximum extent possible that does not conflict with other government regulations and common safety practices. Should the site be abandoned for its intended purpose due to the advance of technology or the development of alternative solutions, the site will be cleared of unused equipment and returned to a natural state. Any change of technology that requires new or different equipment that would change the essential visual character of the site as viewed by adjoining landowners must be reviewed and approved by the Planning and Zoning Commission at a public hearing prior to installation. �^^ 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that the conditional use will fulfill all other requirements of Chapter 17.33 (PL--Public Use Land Zoning District) of the Borough Code. 3. That granting the conditional use permit will not be harmful to the public health, safety. convenience and comfort. The communications facility proposed for Lot 15 will be constructed and maintained in accordance with all applicable federal, state and local requirements. The tower and related facilities will be constructed to the standards required in the Uniform Building Code. The communications equipment will be installed and operated in compliance with the applicable FCC regulations. Microwave communications facilities do not represent an electromagnetic hazard to the surrounding area. This is due to a number of factors. The microwave system proposed will emit a low power focused beam. This beam is not harmful unless a person were to stand in front of the emitter for a long period of time. Since the emitter and receiving dish will be elevated well off the ground this should not be a problem. Any obstruction to the beam would be immediately detectable by a loss of P & Z Minutes: June 15, 1994 Page 10 of 21 1 ;0- 1 communications service, which would in turn alert the telephone company to generate a service call. 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 Commission can apply reasonable conditions of I approval to a conditional use permit to mitigate potential off -site impacts to other permitted uses in the area. Through the rezone and conditional use permit processes, the Commission will require adequate lot area, buffers or other safeguards to meet the above referenced conditions. A minimum of two acres is needed to ensure adequate physical separation from dwellings on adjoining lots. To the extent possible, the communications tower and related equipment should be located centrally on the lot. Natural vegetation will be maintained as a condition, to the extent feasible, to maintain the visual continuity of the surrounding area. The MOTION was seconded and CARRIED by unanimous roll call vote. D) Case 94-021. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code of Lots 3 through 17, Block 1, Miller Point Alaska Subdivision, 2nd Addition, and Lots IA-1 - 2A-2A, 2A-lA-2, and 6A-1 through 9, Block 5, Miller Point Alaska Subdivision, from R-2-- Two Family Residential to RR1--Rural Residential One. 3922- 4346 Cliffside Road, and 4050, 4092, 4122, 4152, 4126, 4228, 4258, & 4286 Parkside Drive. BOB SCHOLZE indicated 60 public hearing notices were mailed for this case and 10 were returned, 2 in favor, 7 opposing, 1 requesting postponement until the end of salmon fishing season, and a letter from the applicant, requesting that the scope of the rezone area be decreased. Staff recommended postponement of this request until the appeal of subdivision case S94-010 has been resolved, and provided the commission with an optional motion, for the decreased rezone area, as was requested in the letter from the applicant. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. LINDA FREED reported that two of the public hearing notices received contained a request to be read into the record. The two letters were read, one from the applicant and one from Laura Resoff, in favor of the request. Public Hearing Closed. Regular Session Opened. P & Z Minutes: June 15, 1994 Page I I of 21 1 as COMMISSIONER BARRETT MOVED TO POSTPONE ACTION on this case until the appeal of subdivision case S94-010 has been resolved, and hold a public hearing on a reduced area: Lots 3 through 12A, Block 1, Miller Point Alaska Subdivision, 2nd Addition, and Lots 1B-1 and 6A-1 through 9, Miller Point Alaska Subdivision, to be rezoned from R-2--Two Family Residential to RR1--Rural Residential One. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 94-022. Investigation of the possible rezone, in accordance with Section 17.72.030 B (Manner of Initiation) of the Borough Code, of a portion of ADL 36049 (Tract A of BLM Tract D), from C--Conservation to a more appropriate zoning district. 8625 Monashka Bay Road, generally located in the vicinity of the VFW and the Kodiak Island Sportsman's Association facilities. BOB SCHOLZE indicated 7 public hearing notices were mailed for this case and 1 was returned, opposing this request, and that 2 petitions were received, one supporting the request and one opposing. Staff recommended postponement of this request until the July 20, 1994 regular meeting, and as a result of discussion at the packet review worksession, provided the Commission with a motion to reduce the area proposed for rezone. The proposed area would be limited to the property occupied by and immediately surrounding the KISA range, consisting of approximately 5.5 acres, as suggested in the map supplied with the supplemental memorandum. Regular Session Closed. Public Hearing Opened: Giovanni Tallino appeared before the Commission and expressed opposition to this request. Roger Smith appeared before the Commission and expressed opposition to this request. Mike Nugent appeared before the Commission and expressed support for this request. Gene Wyman appeared before the Commission and expressed support for this request. Jim McIntosh, representing Kodiak Island Archers, appeared before the Commission and expressed support for this request. Curt Law, also representing Kodiak Island Archers, appeared before the Commission and expressed support for this request. Gary Byers appeared before the Commission and expressed support for this request. Rexene Olson appeared before the Commission and expressed opposition to this request. P & Z Minutes: June 15, 1994 Pagc 12 of 21 03 David Glamann appeared before the Commission and expressed opposition to this request. Martha Randolph appeared before the Commission and expressed opposition to this request. She was concerned for adequate water and sewer facilities. Mary Glamann appeared before the Commission and expressed opposition to this request. Scott Arndt appeared before the Commission and stated that he felt approving the rezone would "cloud further issues." Tony Perez appeared before the Commission and expressed support for the request, and that he felt that Bear Country Gunsmithing should be allowed to remain in the KISA buliding. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO POSTPONE action on Case 94-022 until the July 20, 1994 regular meeting, and to advertise the rezone of approximately 5.5 acres (the 5.5 acres represents an area 340' X 700', encompasing the KISA indoor shooting range) of Tract A, of BLM Tract D (ADL 36049) from C--Conservation to RNC--Rural Neighborhood Commercial. The motion was seconded. COMMISSIONER BARRETT stated that although he was inclined to vote in favor of this request, it was unfortunate that the problems which seemed to exist were within the organization, not related to the land use issues, which are what the Commission needs to consider. He felt the Commission should proceed cautiously with their decision. COMMISSIONER KNAUF said that he agreed with COMMISSIONER BARRETT'S comments and that he would like to hear testimony from the VFW concerning their position on this issue. At the request of CHAIR FRIEND, Cliff Stone. VFW representative, appeared before the Commission and stated that the membership of the VFW agreed that their position was for the Commission to take no further action on the rezone. This position was taken with the understanding that further development of the property or their structures might be somewhat restricted under their current "grandfathered" status in the C--Conservation zone, but that they did not currently want to see any "spot zoning" in the area. The VFW did not intend for this position to indicate they were taking any stance for or against the situation with KISA and Bear Country Gunsmithing. They were concerned about the status of the VFW's lease from the Borough of the property they currently occupied, and their continued ability to operate as they intend. P & Z Minutes: June 15, 1994 Pegr 13 of 21 ) a4 COMMISSIONER KNAUF thanked Mr. Stone for his input and stated that he understood and appreciated the VFW's position on this situation. He acknowledged that the issue was the violation of the existing business on the C--Conservation zoned property, and stated that he would make his decision on this case based on land use issues, not on political or internal issues. COMMISSIONER SZABO expressed concern about the rezone because she felt the only reason for the rezone request was to fix a violation. She did not feel that it was the Commission's role to get into assisting a non-profit organization and how they raise money. The VFW, as leaseholder of the property, was not in favor of the rezone and she felt the Commission should not proceed with the rezone at this time. CHAIR FRIEND expressed his concurrence with COMMISSIONER SZABO. The question was called and the MOTION FAILED by unanimous roll call vote. COMMISSIONER BONNEY MOVED TO POSTPONE action on Case 94-022 until the disposal request for the property is resolved. Upon resolution, the scope of this rezone �+- investigation should be broadened to include all of Tract A, of 1p BLM Tract D, (ADL 36049), and to advertise the RNC--Rural Neighborhood Commercial and NU --Natural Use Land zoning districts for application to all or portions of this site in accordance with the map contained in the staff report dated May 22, 1994, or as the land disposal may dictate. The motion was seconded and CARRIED by unanimous roll call vote. F) Case 94-024. Planning and Zoning Commission review of a disposal, in accordance with Section 18.20.030 A and 18.20.100 B of the Borough Code, for less than fair market value, of the south (front) portion of ADL 36049 (Tract A of BLM Tract D), to the VFW. 8625 Monashka Bay Road, generally located in the vicinity of the Veterans of Foreign Wars facilities. BOB SCHOLZE indicated 7 public hearing notices were mailed for this case none and were returned. Staff recommended postponement of this request until the July 20, 1994 regular (! meeting, to allow for further investigation. Regular Session Closed. Public Hearing Opened: Phil Anderson, agent for the VFW, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. P & Z Minutes: June 15, 1994 Page 14 of 21 1 a r COMMISSIONER KNAUF MOVED TO POSTPONE a request for a disposal of Borough land, for less than fair market value to the Veterans of Foreign Wars, Robert L. Spencer Post #7056, until the next regular commission meeting, and to advertise the request for a public hearing at that meeting. F The motion was seconded and CARRIED by unanimous roll call vote. G) Case S94-014. Request for preliminary approval of the subdivision of Lot 7, Block 1, Kadiak Alaska Subdivision, 1st Addition, creating Lots 7A - 7F, Block 1, Kadiak Alaska Subdivision, 1st Addition. 3596 Perenosa Drive. BOB SCHOLZE indicated 42 public hearing notices were mailed for this case and none were returned. He reported that, since submittal of the preliminary plat and the packet review worksession, the applicant had revised his subdivision to contain only 4 lots, 7A - 7D. Staff recommended granting preliminary approval of this request, subject to conditions as stated in a supplemental memorandum. Regular Session Closed. Public Hearing Opened: Craig Johnson, agent, appeared before the Commission and expressed concern for some of the conditions of approval as recommended in the supplemental memorandum. He stated that he would favor postponement to allow more time to review other options for this subdivision. Scott Arndt, representing Service District One, appeared before the Commission to state that he felt condition of approval #4 was totally inappropriate. He felt it was a clean subdivision, and didn't need to be cluttered with these conditions. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO POSTPONE action on Case S94-014 until the July 20, 1994 regular meeting, and to schedule it as an old business item. The motion was seconded. COMMISSIONER BARRETT stated that he felt postponement was appropriate since the subdivision had just recently been revised and that the applicant obviously needed more time to review the recommended conditions with Engineering/Facilities Department as well as the service district. CHAIR FRIEND also expressed concern for the recommendation of a plat note concerning the wetlands on Lot 7. LINDA FREED explained that the condition was only a suggestion, not a requirement for a Corps of Engineers determination. Staff felt that, although the Commission could P & Z Minutes: June 15, 1994 Page 15 of 21 1).6 choose not to include this recommendation, it was important to suggest it to the applicant, to avoid the possibility of having to resubmit the plat at a later date to comply with any Corps requirements. The question was called and the MOTION CARRIED by unanimous roll call vote. H) Case S94-015. Request for preliminary approval of the vacation of a portion of a 10 foot utility easement on Lot 19B, Block 7, Bells Flats Alaska Subdivision. 10928 Bells Flats Road. BOB SCHOLZE indicated 11 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 concerned about the future provision of water and sewer along this easement to his property. Staff reported as a result of the packet review worksession, that the "vacation" of the easement could be changed to a "redesignation of that portion of the utility easement to a water and sewer easement". Staff recommended granting preliminary approval of this revised request, subject to conditions. Regular Session Closed. Public Hearing Opened: Karen Everton, applicant, appeared before the Commission and Iexpressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO GRANT preliminary approval of the redesignation of a portion of the utility easement located on Lot 19B, Block 7, Bells Flats Alaska Subdivision, along the northerly line common with Lot 19A-1, as a water and sewer easement, subject to the condition of approval contained in the staff report dated May 22, 1994 and to adopt the finding contained in the staff report dated June 9. 1994 as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Place a note on the final plat stating: "Upon availability of public sewer and water in this area, abandonment of this well will be made by the property owner at no expense to the water or sewer utility and in compliance with 18 AAC 80.015.(d)." FINDING OF FACT 1. Redesignation of a ten (10) foot wide utility easement as a ten (10) foot wide water and sewer easement will not adversely affect the Borough's ability to provide water and sewer services to the public in this area. P & Z Minutes: June 15, 1994 Page 16 o121 117 The motion was seconded and CARRIED by unanimous roll call vote. I) Case S94-016. Request for preliminary approval of the vacation of Lots 8 & 10, Block 4, Mountain View Subdivision, 2nd Addition, and replat to Lots 8A & 10A, Block 4, Mountain View Subdivision, 2nd Addition. 2606 and 2632 Devil's Prong. BOB SCHOLZE indicated 36 public hearing notices were mailed for this case and 1 was returned in favor this request. Staff recommended approval of this request, subject to conditions suggested in the supplemental memorandum. Regular Session Closed. Public Hearing Opened: Tiffany Takao appeared before the Commission and expressed support for this request. She stated that they had been in contact with the local DEC office and were in the process of obtaining the waiver suggested in condition #1. She also requested that the condition suggesting upgrading of the driveway to Lot 8A be deleted. Tom Martin, agent, appeared before the Commission and expressed support for this request. He requested that the driveway plan drawn and submitted by Roy Ecklund be considered adequate for condition of approval #3. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the vacation and replat of Lots 8 and 10, Block 4, Mountain View Subdivision, 2nd Addition to Lots 8A and 10A, Block 4, Mountain View Subdivision, 2nd Addition, subject to the conditions of approval contained in the staff report dated June 9, 1994 and to adopt the findings contained in the staff report dated May 22, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Unless a waiver is received from ADEC, replace the existing well located in the Devil's Prong Road right-of- way with a new well located on proposed Lot 10A in an area identified as having adequate separation from natural drainages and septic drain fields, and abandon the well in the right-of-way according to 18. AAC. 80.015 (d). 2. Obtain adequate access easement from neighboring Lots 9 and 12 to allow the upgrade of the existing driveway from Marmot Drive to Lot 8A to meet the driveway code requirements in KIB Code 15.26., or, in the alternative, obtain a waiver, in part or in whole, under KIBC 16.110.010, if eligible. P & Z Minutes: June 15, 1994 Page 17 of 21 ) 3. Submit to Engineering/Facilities Department for approval an engineered driveway plan for the access from Marmot Drive to Lot 8A. 4. Provide required off-street parking with a driveway that meets KIB Code Chapter 15.26, on Lot 10A and vacate the existing parking area in the Devil's Prong Road right- of-way. 5. Provide a platted 20-foot public water and sewer easement on Lots 8A and 10A common to Lot 7. 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. COMMISSIONER BARRETT stated that he felt that although the driveway for proposed Lot 8A does not meet code requirements, he didn't think that it was excessive enough to require the driveway to be upgraded. He said that the driveway doesn't pose a risk to anyone on Marmot Drive, only to Lot 8A, but that he didn't feel it was any worse than some of the driveways in Kodiak. LINDA FREED pointed out that the advertisement for public hearing did not specify a waiver from driveway requirements, and that if the motion is left as it is, the applicant will need to either fix the driveway or apply for a waiver, which would delay the filing of the final plat another month. The Commission discussed several options to assist in the expedition of the filing of the plat, without disregarding their concern for providing a safe driveway access to proposed Lot 8A. After several options were discussed in consulting with the property owners, it was agreed that the driveway would be r brought up to standards as required in condition of approval #4. The Commission also agreed that the driveway plan submitted by the applicant, drawn by Roy Ecklund, RLS, would be adequate to fulfill condition of approval #3. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION to delete condition of approval #3. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: June 15, 1994 Page 18 of 21 1;0 The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 585-016. Request for a two (2) year extension (8th r— extension since preliminary approval) of the preliminary plat approval period of the subdivision of Parcel P, U.S. Survey 3218, and Lot 1, Block 2, Miller Point Alaska Subdivision, 1st Addition. Intersection of Island Lake Road and Balika Lane. COMMISSIONER BARRETT MOVED TO GRANT APPROVAL of a three (3) year extension (8th extension since preliminary approval) of the preliminary plat approval period (to June 15, 1997) of the Subdivision of Parcel P, U.S. Survey 3218, and Lot 1, Block 2, Miller Point Alaska Subdivision, First Addition. The motion was seconded and CARRIED by unanimous voice vote. B) Case 591-023. Commission approval of the final plat of the vacation of six lots in Miller Point Alaska Subdivision, and replat to Lot 1A, Block 6, Miller Point Alaska Subdivision, (Northstar Elementary School site). COMMISSIONER KNAUF MOVED TO APPROVE the final plat of the vacation of Lots 1 and 2A, Block 6, Miller Point Alaska Subdivision, and Lots 7 and 8A, Block 9 and Lots IA and 2, Block 10, Miller Point Alaska Subdivision First Addition, including Mallard Court, a portion of Lilly Drive, and a portion of a 20' utility easement, and replat to Lot IA, Block 6. Miller Point Alaska Subdivision. This approval satisfies condition number three of preliminary plat approval. The motion was seconded and CARRIED by unanimous roll call vote. There was no further old business. VIII. NEW BUSINESS A) Case 94-023. Proposed revisions to Section 17.17.030 (Conditional Uses) of the Borough Code. to allow commercial fishing gear storage as a conditional use on lots in the RR1-- Rural Residential One zoning district. COMMISSIONER SZABO MOVED TO POSTPONE ACTION on the revision of Section 17.17.030 (Conditional uses) of the Borough Code, to allow commercial fishing gear storage as a conditional use on lots in the RR1--Rural Residential One zoning district, until the July 20, 1994 regular meeting and to schedule a public hearing on the proposed revision at that time. The motion was seconded and CARRIED by unanimous roll call vote. P & Z Minutcs: Junc 15, 1994 Pag, 19 0l 21 k3') There was no further new business. IX. COMMUNICATIONS COMMISSIONER BARRETT MOVED TO ACKNOWLEDGE RECEIPT of items A through J of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Two letters, dated May 19, 1994, to the Planning and Zoning Commission and to John Stein, Secretary of KISA, from Giovanni Tallino, resigning from his position as President of KISA. B) Letter dated May 22, 1994, to Dr. David Colwell, Dan Dorman, and Ken Werner, from Bob Scholze, RE: Deficiency of Required Parking at Kodiak Veterinary Clinic and Koast Tire Co., along Mill Bay Road. C) Agenda for May 24, 1994 East Addition Homeowners Association organizational meeting. D) Memorandum dated May 26, 1994 to Linda Freed, from Jane Edmonds, Acting Borough Clerk, RE: Appeal to Assembly, from Len Grothe on Case S94-010. E) Letter dated May 27, 1994 to Bob Lloyd, BLM, from Bob Scholze, RE: Illegal dwelling on Lot 19, Russian Creek Subdivision. F) Notice dated May 25, 1994 from Thomas C. Warren, U.S. Dept. of Interior, Minerals Management Service. RE: Lower Cook Inlet Sale 149 Update. G) Letter dated June 6, 1994 to Linda Freed, from Robin Killeen, Chairperson of East Addition Homeowners Association, RE: Their interest in participating in the update of the Kodiak Island Borough Comprehensive Plan. H) Letter dated June 1, 1994 to Robert C. Flint, Pipeline Cooridor Regional Office, ADEC, from Linda Freed, RE: Alyeska Prince William Sound Tanker Oil Discharge Prevention and Contingency Plan, and request for additional information. I) Letter dated June 10, 1994 to Tommy and Aurora Natividad from Bob Scholze, RE: Illegal duplex on Lot 9, Block 5, Leite Addition (1510 Mission Road). J) Letter dated June 9, 1994 to Jerrol Friend, Commissioner, from Michael Brechan, RE: Pasagshak - Narrow Cape Planning. There were no further communications. X. REPORTS LINDA FREED reported the following upcoming meetings: Wednesday, June 22 - Worksession on Parlaimentary Procedure, presented by Donna Smith, Borough Clerk P & Z Minutes: June 15, 1994 Pago 20 of 21 t31 Friday, June 24 - Noon, joint worksession with Borough Assembly to discuss the public hearing draft of the Kodiak Island Borough Coastal Management Program, presented by Jon Isaacs Wednesday, June 29 - Worksession to discuss development of a Pasagshak area plan Wednesday, July 6 - Worksession concerning continuing discussion of the rezoning of Block 3, Lakeside Subdivision COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report, May, 1994. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:55 p.m. ATTEST KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: _ rJerr ielxf, 12frair By: TeX ee_._. V'A,a,O Eileen Probasco, Secretary Community Development Department DATE APPROVED: July 20, 1994 P & Z Minutes: Junc 15. 1994 Pap, 21 of 21 1 -11