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1994-07-20 Regular MeetingI. II IV. 1n VI. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JULY 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 Vice Chair Knauf on July 20, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Jeff Knauf, Vice Chair Renato Asuncion Bruce Barrett Tuck Bonney Ken Gordon Pat Szabo Commissioners Absent: Jerrol Friend - Excused 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 changes to the agenda: Moue Public Hearing Item E to follow Item I. COMMISSIONER SZABO MOVED TO AMEND the agenda to hear public hearing item E after item I and to approve the agenda with that change. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO DELETE THE WORD "VALID" in paragraph 2 on page 14 of 21, and TO APPROVE the minutes of the June 15, 1994 Planning and Zoning Commission regular meeting as amended. The motion was seconded and CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. PUBLIC HEARINGS A) 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 P & Z Minutes: July 20, 1994 Page 1 of 19 li2 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 (Postponed from the June 15, 1994 regular meeting). COMMISSIONER BARRETT MOVED TO POSTPONE action on Case 94-024, review of a disposal for less than fair market value of the south (front) portion of ADL 36049 (Tract A of BLM Tract D), to the VFW, until the September 21, 1994 Planning and Zoning Commission regular meeting. The motion was seconded. LINDA FREED indicated 7 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request, until the Planning and Zoning Commission's September 21, 1994 regular meeting. Regular Session Closed. Public Hearing Opened: Chuck Stauffer, representing the VFW, appeared before the Commission and expressed support for postponement of this request. Public Hearing Closed. Regular Session Opened. The question was called and CARRIED by unanimous roll call vote. B) Case 94-025. Request for a conditional use permit, in accordance with Section 17.13.040.5 (Conditional Uses) of the Borough Code, to permit a log transfer facility, including in - water transportation of logs, in the C--Conservation Zoning District. Generally located within Section 10, T30S, R20W (Kalsin Bay) COMMISSIONER BARRETT MOVED TO POSTPONE a request for a conditional use permit in accordance with Section 17.13.040.5 of the Borough Code to permit a log transfer facility, including in -water transportation of logs, in the C-- Conservation Zoning District, until the regular August Planning and Zoning Commission meeting, and to schedule the request for an additional public hearing at that time. The motion was seconded. LINDA FREED indicated 14 public hearing notices were mailed for this case and 2 were returned, 1 stating concern for transportation of logs on the roadway, and 1 from the Alaska Center for the Environment, opposing the request. A copy of a letter to the agent from DGC announcing the date of a meeting concerning the log transfer facility, was also received. Staff recommended postponement of this request until the August 17, 1994 Planning and Zoning Commission regular meeting. P & Z Minutes: July 20, 1994 Page 2 of 19 3 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and THE MOTION CARRIED by unanimous roll call vote. C) Case 94-026. Request for a conditional use permit, in accordance with Section 17.13.040.8 (Conditional Uses) of the Borough Code, to permit a microwave communications tower and related equipment to be located in the C--Conservation Zoning District. Generally located on a portion of U.S. Survey 2538B, Pillar Mountain Road COMMISSIONER SZABO MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.8 (Conditional Uses) of the Borough Code to permit a microwave communications tower and related equipment to locate on a portion of U.S. Survey 253813; subject to the conditions of approval contained in the staff report dated June 23, 1994; and to adopt the findings contained in the staff report dated June 23, 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 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. 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. 5. 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. P & Z Minutes: July 20, 1994 Page 3 of 19 : L FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Utility installations such as power lines, telephone lines and other infrastructure facilities, 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 is 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 has weighed the potential benefits of improved utility service against the potential impact to adjoining land owners. Conditions of approval to address these concerns have been 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 17.13 (C-- Conservation 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 will be constructed and maintained in accordance with all applicable federal, state and local requirements. The tower and related P & Z Minutes: July 20, 1994 - Page 4 of 19 141 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. As identified in the staff report, microwave communications facilities do not represent a significant health 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 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 has applied reasonable conditions of approval to mitigate potential off -site impacts to other permitted uses in the area. Through the conditional use permit process, the Commission has required adequate �^ lot area, buffers and other safeguards. 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. LINDA FREED indicated 12 public hearing notices were mailed for this case and 2 were returned, opposing this request and expressing concern about being exposed to microwave radiation. MS. FREED stated that those responding had been contacted and given information concerning the radiation level of the proposed microwave facility. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Chuck Stauffer appeared before the Commission and expressed support for this request, and stated that he had also contacted those opposed and provided them with information which appeared to have addressed their concerns. IPublic Hearing Closed. Regular Session Opened. The question was called and THE MOTION CARRIED by unanimous roll call vote. D) Case 94-029. Request for a conditional use permit, in accordance with Section 17.18.030.13 (Conditional Uses) of the Borough Code, to permit the expansion of an existing school in P & Z Minutes: July 20, 1994 Page 5 of 19 111 1 the R1--Single-family Residential Zoning District. Tract C, Block 1, U.S. Survey 4871, Ouzinkie COMMISSIONER ASUNCION MOVED TO POSTPONE action on Case 94-029 until the September 21, 1994 regular meeting, and to readvertise the review of a conditional use permit for ,— school construction on Tract C, Block 2, U.S. Survey 4871, Ouzinkie. The motion was seconded. LINDA FREED indicated 34 public hearing notices were mailed for this case and 1 was returned in favor of the request. Staff recommended postponement of this request, until the September 21, 1994 Planning and Zoning Commission regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and THE MOTION CARRIED by unanimous roll call vote. F) Case S94-018. Request for preliminary approval of the subdivision of Lot 2, U.S. Survey 3101, creating Lots 2A, 2B and 2C, U.S. Survey 3101, and the vacation of a portion of a 50' right-of-way easement for roadway and public utilities. 3385 Spruce Cape Road. COMMISSIONER BONNEY MOVED TO GRANT preliminary approval to the subdivision of Lot 2, U.S. Survey 3 10 1, creating Lots 2A, 213, and 2C, U.S. Survey 3101 subject to the conditions of approval contained in the staff report dated June 23, 1994 and to adopt the findings contained in the staff report dated June 23, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The Kodiak Island Borough Assembly must approve the vacation (or take no action) within thirty (30) days of preliminary approval for the vacation to become effective. 2. Place a note on the final plat prohibiting future subdivision of Lots 2B and 2C. 3. In the absence of a written agreement between adjacent property owners who use the existing gravel drive on the satisfactory relocation of that gravel drive out of all portions of the 50-foot patent reservation right-of-way proposed to be vacated on the preliminary plat, vacate only the southeasterly most 5-foot wide portion of the P & Z Minutes: July 20, 1994 Page 6 of 19 M right-of-way which runs from Spruce Cape Road 199.92 feet to the rear of proposed Lot 2A (between 5 feet and 10 feet from and parallel to the lot line of proposed Lot 2A common with the flagstem of proposed Lot 2B-- approximately 1,000 square feet). 4. Submit a drainage plan to the Borough Engineering/Facilities Department for review and approval prior to the subdivision final plat being filed. 5. Provide water and sewer service directly to proposed Lot 2A from the water and sewer mains in the Spruce Cape Road right-of-way without encroaching Lot 3. 6. Disconnect the water service loop between the residence on proposed Lot 2A and Lot 3 so that no dead-end pipe remainS, and to be inspected by the Borough construction inspector certifying that the pipe has been properly abandoned. 7. Prior to the recording of the final plat, remove the old garage straddling the property line common to Lots 2 and Lot 3, and, if the house is removed from proposed Lot 2A as planned, remove all other accessory buildings that would, remaining by themselves on Lot 2A, constitute a zoning violation. 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. LINDA FREED indicated 27 public hearing notices were mailed for this case and 1 was returned, asking questions about this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Pam Hummell, representing the applicant, appeared before the Commission and expressed support for this request, and asked that the shed located toward the front of the lot, and recommended for removal in condition of approval #7, be allowed to remain for a period of possibly 6 months, after removal of the house. She said that they planned to use the shed during the construction of their new house. P & Z Minutes: July 20, 1994 Page 7 of 19 1 i 4 Scott Arndt, representing the owner of Lot 2, Block 3, Kadiak Alaska Subdivision, 1st Addition, appeared before the Commission and expressed opposition to the vacation of any portion of the easement. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY asked MS. FREED of the implications of deleting condition of approval #7. MS. FREED offered some alternate wording for that condition to accommodate the applicant's request. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION to revise condition of approval #7 as follows: 7. Prior to the recording of the final plat, remove the old garage straddling the property line common to Lots 2 and Lot 3 and, if the house is removed from proposed Lot 2A as planned, the shop building may remain on Lot 2A for a period not to exceed 6 months, unless otherwise permitted. 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. G) Case S94-019. Request for preliminary approval of the subdivision of Lot 15B, U.S. Survey 3101, creating Lots 1513-1 and 1513-2, U.S. Survey 3101. 3396 Spruce Cape Road. COMMISSIONER BONNEY MOVED TO GRANT preliminary approval of the subdivision of Lot 15B, U.S. Survey 3101 creating Lots 1513-1 and 1513-2, U.S. Survey 3101, subject to the conditions of approval contained in the staff report dated June 23, 1994 and to adopt the findings contained in the staff report dated June 23, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1 2. 0 Dedicate the 15-foot wide, 235-foot long flag stem of Lot 15B adjacent to Arlene Way, to the Arlene Way right-of- way. Designate the 30-foot access easement created this plat for Lots 14B and 1513-1 as an access and utility easement. Install a new water service to proposed Lot 1513-1, as required by KIBC 16.70.020.A.3 prior to recording the final plat. P & Z Minutes: July 20, 1994 Page 8 of 19 ! qS 4. Prior to recording the final plat, remove the house from the property or relocate it on one of the 2 proposed lots in conformance with setbacks. 5. Remove all other accessory buildings from proposed Lots 1513-1 and 1513-2 that would, by themselves, constitute a zoning violation, or obtain applicable zoning compliance permits to use as permitted accessory structures. 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. LINDA FREED indicated 25 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 opposed to r-- this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Michael Anderson, applicant, appeared before the Commission and expressed support for this request. He requested that the Commission delete condition of approval number 1, as he felt it was not necessary, because there was enough right of way available on Arlene Way. He also felt that condition of approval number 3 was unnecessary, as there would be no structure on proposed Lot 1513-1 which would require him to install water service. Scott Arndt appeared before the Commission to ask clarification of Section 16.70.020.A.3. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO AMEND THE MAIN MOTION by deleting condition of approval number 1. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER GORDON MOVED TO AMEND THE MAIN MOTION by deleting condition of approval number 3. The amendment was seconded. P & Z Minutes: July 20, 1994 Pagc 9 of 19 14 6 VICE CHAIR KNAUF asked staff to clarify the section of the code referenced in this condition. A discussion ensued between staff, the Commission and Mr. Anderson. The question was called and the AMENDMENT FAILED by a roll call vote of 1-5. COMMISSIONER BONNEY voted yes. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. H) Case S94-020. Request for preliminary approval of the subdivision of Lot 6, Brookers Lagoon, creating Lots 6A through 6G, Brookers Lagoon. 37632 Chiniak Highway COMMISSIONER BONNEY MOVED TO GRANT preliminary approval of the subdivision of Lot 6, Brookers Lagoon Subdivision, Chiniak creating Lots 6A through 6G of Brookers Lagoon Subdivision, subject to the conditions of approval contained in the staff report dated June 23, 1994 and to adopt the findings contained in the staff report dated June 23, 1994 as "Findings of Fact" for this case. The motion was seconded. LINDA FREED indicated 20 public hearing notices were mailed for this case and 3 were returned, from neighbors concerned about a number of aspects of the subdivision. Staff reported II that the applicant requested postponement of this request until the August meeting, to allow sufficient time to address the concerns of adjacent land owners. Staff recommended postponement of this request until the August 17, 1994 regular meeting, and that it be scheduled for another public hearing at that time. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO POSTPONE action on Case S94-020, and schedule it for public hearing at the August 17, 1994 regular meeting. The MOTION was seconded and CARRIED by unanimous roll call vote. I) Case S94-021. Request for preliminary approval of the vacation of Lots 5A-1 and 5A-2, U.S. Survey 2538A, and the vacation of a 10 foot overhead electrical easement and a portion of the Egan Way right-of-way, and replat to Lots 5A-lA and 5A-2A, U.S. Survey 2538A. 620 Egan Way and 717 Rezanof Drive P & Z Minutes: July 20, 1994 Page 10 of 19 147 COMMISSIONER ASUNCION MOVED TO GRANT preliminary approval to the vacation of Lots 5A-1 and 5A-2, a portion of the Egan Drive right-of-way, and a portion of the overhead electrical easement, U.S. Survey 2538-A, and replat to Lots 5A- lA and 5A-2A, U.S. Survey 2538-A, and to adopt the findings contained in the staff report dated June 23, 1994 as "Findings of Fact" for this case. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded. LINDA FREED indicated 38 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff reported that an aerial photo was present for the Commission to look at to get a clearer view of the portion of Egan Way to be vacated. In addition, staff was currently evaluating all of the parking on the Borough owned property on the hill, and that information would be presented to the Commission at the August meeting, along with the site/parking plan for the proposed move of the Mental Health offices to the "dorm apartments". Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Scott Arndt appeared before the Commission and expressed concern about the vacation of a portion of Egan Way. He felt postponement of this request would be appropriate, pending results of the parking review. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO stated that she felt that the proposed vacation would seemingly provide for more parking, than if that portion of Egan Way were not vacated. The question was called and THE MOTION CARRIED by unanimous roll call vote. E) Case 94-030. Request for a conditional use permit, in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code, to permit radio and television transmitters and an associated broadcast facility in the PL--Public Use Land P & Z Minutes: July 20, 1994 Page 11 of 19 11-W Zoning District. Proposed Lot 5A-2A, U.S. Survey 2538A, 620 Egan Way COMMISSIONER SZABO 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 radio and television transmitters and an associated broadcast facility on proposed Lot 5A-2A, U.S. Survey 2538A (620 Egan Way); subject to the condition of approval contained in the staff report dated June 27, 1994; and to adopt the findings contained in the staff report dated as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Adequate landscape buffering be provided by tree or bush covering between the broadcast facility and existing and proposed dorm/mental health buildings located nearby on Lot 5A-1. 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. The proposed use has coexisted amicably with other Il public and institutional uses in the area for about 18 years. Relocation of the broadcast facility from within the Borough building on Lot 7A nearby will accommodate necessary expansion plans while at the same time retain the radio station's proximity to the administrative core of the City, Borough, and School District. The use should not result in a substantial increase of traffic in this area due to the fact that the existing offices and studios are already in the general area. In fact, the relocation would help alleviate the current parking crunch immediately in front of the Borough building. While the station would have additional square footage, staffing levels would not necessarily increase correspondingly. 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 radio and television broadcast transmitters and related facilities and equipment will comply with the requirements of the PL.-Public Use Land zoning district. The use will be compatible with the other pre-existing uses of the land. 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 since the structure would be required to adhere to commercial building and P & Z Minutes: July 20, 1994 Page 12 of 19 1 S 0 fire codes through building permit and inspection programs operated by the City of Kodiak. 4. That 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. l Based on the submitted site plan, it appears that ` sufficient buffers and other safeguards are provided. The preferred siting if the broadcast facility on proposed Lot 5A-2A allows for a improved parking design as well as optimal buffering, enhanced by the landscaping amenities, from existing buildings nearby. 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. If additional buffering is deemed necessary, the Commission can require that it be provided. 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 proposed use and structure is located in a manner that should maximize public benefits and be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.33 (PL-- Public Use Land): "The public lands district is established as a land use district for publicly owned land containing recreational, educational, and institutional uses." Reference has been previously made to KMXT's key public information and communication role. Not only do its broadcasts of Borough Assembly, City Council, and School Board meetings keep the general public informed about municipal affairs, but its designation and function as a primary Emergency Broadcast System (EBS) station enhance Kodiak's emergency preparedness and response. The motion was seconded. LINDA FREED indicated 12 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. Staff also recommended that the Commission delete the suggested condition of approval, and specify that the CUP is for the "preferred" site plan. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. P & Z Minutes: July 20, 1994 Page 13 of 19 1 }'I COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION by deleting the condition of approval, and by specifying that the CUP is for the "preferred" site plan in the staff report. ,— 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. J) 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 FORWARD 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, to the Borough Assembly, recommending adoption. The motion was seconded. LINDA FREED indicated no individual public hearing notices were mailed for this case as it is a proposed code change, but that the local newspaper was able to feature an article about this code change. The request is a result of an enforcement case. Staff made no recommendation except that if the Commission wants to pursue these revisions to the RR1-Rural Residential One zoning district, they should refer the code change to the Assembly for adoption. Regular Session Closed. Public Hearing Opened: Doug Pengilly appeared before the Commission and expressed opposition to this proposed code change. Cathy Courdry appeared before the Commission and expressed opposition to this request, and read a letter from Mary Mathes, also opposing this proposed code change. Leslie Watson appeared before the Commission and expressed opposition to this proposed code change. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT 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 October regular meeting. The motion was seconded. P & Z Minutes: July 20, 1994 Page 14 of 19 11- COMMISSIONER SZABO stated that she would agree with postponement if the other Commissioners felt they needed more time to consider this request. However, she felt that this code change was a bad idea that should end now. She stated several reasons why this revision should not be recommended. COMMISSIONER BARRETT stated that he was yet undecided on this request. While he felt that some accommodations could be made under certain circumstances, he agreed with COMMISSIONER SZABO'S comments about protecting the integrity of residential neighborhoods. VICE CHAIR KNAUF stated that while this proposed code change was an option worth investigating, he agreed with COMMISSIONER SZABO'S comments, and those expressed during public testimony. COMMISSIONER ASUNCION also agreed with COMMISSIONER SZABO's comments. COMMISSIONER GORDON agreed that there was a problem with fishing gear storage, but felt that the Commission needed to pursue the option of providing more appropriately zoned land to address the problem. The question was called and THE MOTION TO POSTPONE iJ FAILED by unanimous roll call vote. COMMISSIONER BONNEY was of the opinion that this proposed code change could be a valuable tool, and that conditions could be placed on each individual conditional use permit to provide the necessary protection for neighboring property owners. He felt that the Commission should allow gear storage as a conditional use to accommodate the fishing industry. The question was called and the MAIN MOTION FAILED by a roll call vote of 1-5. COMMISSIONER BONNEY voted yes. VII. OLD BUSINESS A) Case S94-014. Request for preliminary approval of the subdivision of Lot 7, Block 1, Kadiak Alaska Subdivision, 1st Addition, creating Lots 7A - 7D, Block 1, Kadiak Alaska Subdivision, 1st Addition. 3596 Perenosa Drive (Postponed and revised from the June 15, 1994 Regular Meeting). Il COMMISSIONER BONNEY MOVED TO GRANT preliminary approval of the subdivision of Lot 7, Block 1, Kadiak Alaska Subdivision, 1st Addition, creating Lots 7A - 7D, Block 1, Kadiak Alaska Subdivision, 1st Addition, subject to the conditions of approval contained in the staff report dated July 20, 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 P & Z Minutes: July 20, 1994 Page 15 of 19 1 )2 1. Place notes on the final plat stating: "Further subdivision of Lots 713, 7C and 7D is prohibited." "In the course of developing individual lots in this subdivision, the naturally occurring pond/wetland area indicated on the plat shall not be filled or excavated." 2. The applicant is advised that this property may be under the jurisdiction of the U.S. Army Corps of Engineers. It is recommended that the applicant obtain a wetlands determination for the site from the Corps of Engineers prior to final approval of the subdivision. 3. A drainage plan for the site that is compatible with any required Corps wetland permit for the subdivision must be submitted to the Kodiak Island Borough Engineering/Facilities Department prior to final approval. 4.a Obtain approval from the Alaska Department of Environmental Conservation to connect the lots to the existing public water and sewer mains. 4.b The developer shall provide documentation that specifies r- what impact this subdivision, developed to maximum capacity, will have on the sewer lift station and discharge line. This condition is necessary since the lot proposed for subdivision was not included in the original lift station design analysis. This lift station is located adjacent to Lots 12 and 13, Block 8, Woodland Acres Subdivision, 5th Addition. 5. Provide a 5-foot electrical easement on Lots 7A-7D adjacent to the Sharatin Road and Perenosa Drive rights - of -way, a 5-foot electrical easement on each side of all common lot lines, and a 10-foot electrical easement along the westerly lot line adjacent to Lot 6. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: July 20, 1994 Page 16 of 19 B) Case S92-019. Request for a one (1) year extension (until June 15, 1995) of prelminary plat approval of the subdivision of Lot 1, Block 9, Miller Point Alaska Subdivision, First Addition. 3341 Anton Way COMMISSIONER ASUNCION MOVED TO APPROVE a two (2) year extension of the preliminary plat approval period (to July 20, 1995) of the subdivision of Lot 1, Block 9, Miller Point Alaska Subdivision, 1st Addition. The motion was seconded and CARRIED by unanimous roll call vote. There was no further old business. VIII. NEW BUSINESS A) Case 94-027. Planning and Zoning Commission review and approval, in accordance with Section 17.33.020.K of the Borough Code, of the proposed Island Lake Creek Trail plan. Tract A, and Lot 7A, Block 7, Miller Point Alaska Subdivision, 1st Addition. COMMISSIONER GORDON MOVED TO APPROVE the detailed site plan dated August 23, 1993 for the proposed Island Lake Creek Trail to be located in the PL--Public Use Land zoning district on Tract A, and Lot 7A, Block 7, Miller Point Alaska Subdivision, 1st Addition. The motion was seconded and CARRIED by unanimous roll call vote B) Case 94-028. Planning and Zoning Commission review and approval, in accordance with Section 17.33.020.E of the Borough Code, of the site plan for the proposed additions to the Kodiak Island Hospital. Lots IA and 2A, Hospital Subdivision, 1915 Rezanof Drive East COMMISSIONER BONNEY MOVED TO APPROVE the detailed site plan for the existing and proposed new hospital building, in the PL--Public Use Land zoning district on Lots 1, 2, and 3, Hospital Subdivision. LINDA FREED suggested that the motion be revised to reflect the condition of approval recommended in the staff report dated June 27, 1994. She stated that the site plan reflected adequate parking. COMMISSIONER SZABO MOVED TO AMEND the motion to add that the detailed site plan be approved subject to the condition of approval in the staff report dated June 27, 1994. CONDITION OF APPROVAL 1. A final site plan submitted prior to issuance of permits will designate to scale the total number of parking spaces, including handicapped parking and loading space, as required by Code Section 17.57.040.A (one parking space per 500 square feet of gross floor area), as P & Z Minutes: July 20, 1994 Page, 17 of 19 1 5- 4_ well as ingress, egress, and parking design standards of Code Section 17.57.080 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. IX. X. XI. There was no further new business. COMMUNICATIONS COMMISSIONER BARRETT MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated June 17, 1994 to Bob Scholze from Timothy C. Ward, City of Port Lions Councilmember, requesting a rezone of land in Port Lions along Port Lions River from C-- Conservation to NU --Natural Use Land. B) Letter dated June 16, 1994 to Phil Chiaravalle, Bear Country Gunsmithing, from Linda Freed, RE: Discontinuation of illegal business located on C--Conservation zoned property, on Tract A, of BLM Tract D, (ADL 36049). C) Article from Alaska Planning, Summer '94 written by Lee Sharp of Preston, Gates & Ellis, titled Findings and Conclusions of Law. COMMISSIONER SZABO MOVED TO DIRECT STAFF to initiate the investigation of the rezone of Tracts A & B, Port Lions Subdivision, First Addition, along the Port Lions River, from C--Conservation to NU --Natural Use Land, and to schedule it as a public hearing at the September 21, 1994 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. REPORTS LINDA FREED reported that the new staff member, Tom Bouillion, would be starting work in the Community Development Department on August 22. She also pointed out the recently completed color zoning maps on the walls, and encouraged the Commissioners to examine them. MS. FREED stated that, due to staff shortage in the department and lack of urgent agenda items, the Commission might want to consider cancelling the July 27 worksession. She bid farewell to Renie Asuncion, as this was his last meeting, and welcomed Ken Gordon to the Commission. There were no further reports. AUDIENCE COMMENTS There were no audience comments. P & Z Minutes: July 20, 1994 i PagO 18 Of 19 XII. COMMISSIONERS' COMMENTS COMMISSIONER BARRETT MOVED TO DIRECT STAFF to investigate the rezone of all PL--Public Use Lands surrounding Beaver Lake, from PL--Public Use Land to NU --Natural Use Land, and to schedule it for a public hearing at the Commission's September r- meeting. r— His reason for making this motion was that there appeared to be increasing concern from residents surrounding Beaver Lake about protecting the integrity of the lake and the public land around it. The motion was seconded and CARRIED by unanimous roll call vote. The COMMISSIONERS all said goodbye to Renie Asuncion. They welcomed Ken Gordon, as the new Commissioner, replacing the vacancy created by the resignation of Jon Aspgren. XIII. ADJOURNMENT VICE CHAIR KNAUF adjourned the meeting at 9:45. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jeff(naXfVice'iChai(r ATTEST Eileen Probasco, Secretary Community Development Department DATE APPROVED: August 17, 1994 P & Z Minutes: July 20, 1994 Page 19 of 19 l 7