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1994-09-21 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 21, 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 September 21, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Bruce Barrett Tuck Bonney Ken Gordon Pat Szabo Darlene Turner Commissioners Absent: Jeff Knauf A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following additions to the agenda: COMMUNICATIONS A. Letter dated August 25, 1994 to Ken Werner, Koast Tire Co., from Tom Bouillion, RE: Parking requirements on Lot 2A, U.S. Survey 3098. B. Letter dated August 25, 1994 to David Colwell, Kodiak Veterinary Clinic, from Tom Bouillion, RE: Compliance with parking requirements on Lot 14A-1, U.S. Survey 3098. C. Letter dated September 1, 1994 to Arlene Murphy, OMB-DGC, from Linda Freed, RE: City Tideland Tract P-19 (Pearson Cove). D. Letter dated September 14, 1994 to Allan Thielan, from Tom Bouillion, RE: Fence encroachment on Lot 1, Block 14, Kodiak Townsite E. Statement of Points on Appeal: Lenhart J. Grothe vs. Kodiak Island Borough. Appeal of the denial of Case S94-010, Subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision. F. Letter dated September 19, 1994 to Tony Perez, from Joel Bolger, Borough Attorney, RE: Lot 1, Tona Subdivision, junk clean-up. P & Z Minutes: September 21, 1994 Page 1 of 11 f�f- COMMISSIONER BONNEY 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 August 17, 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. VI. 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 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, and July 20, 1994 regular meetings). BOB SCHOLZE indicated 7 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request until the November 16, 1994 regular meeting, in order to allow for continuing discussion between Borough staff and the VFW. 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 November 16, 1994 Planning and Zoning Commission regular meeting. The motion was seconded. 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. B) 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 the R 1 --Single-family Residential Zoning District. Tract C, Block 2, U.S. Survey 4871, Ouzinkie. P & Z Minutes: September 21, 1994 Page 2 of 11 179 BOB SCHOLZE indicated 33 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. COMMISSIONER BONNEY MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.18.030.13 r-- (Conditional Uses) of the Borough Code, to permit the expansion of an existing school in the R 1 --Single-family Residential Zoning District and to adopt the findings contained in the staff report dated September 6, 1994 as "Findings of Fact" for this case. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The granting of this conditional use permit will preserve the value, spirit, character and integrity of the surrounding area since it will, in essence, conditionally permit a use which has existed benignly on the property since the 1970's. The community has long supported the upgrade of the school at this location. In addition, the existing school location is supported by the adopted comprehensive land use plan for the community. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The portion of the property containing the school was specifically designated for public use as a school reserve in the land use plan in the adopted Ouzinkie Comprehensive Development Plan. With approval of a CUP, this use of the property will comply with all requirements of the R1 zoning district. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety. convenience and comfort. In fourteen years of existence, the school on this property has never given indication of being harmful to public health, safety, convenience and comfort. The proposed addition project will be accompanied by extensive inspections ensuring compliance with all required health, safety and building code requirements. The upgrade of portions of the existing school will bring it into compliance with a higher standard of construction. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Sufficient setbacks, lot area, and buffers are provided by the existing construction and proposed development, to meet the conditions of A through C above. The property P & Z Minutes: September 21, 1994 Page 3 of 11 1 Q)' ) is large (13 + acres), well vegetated, with vacant properties on two sides, and with setbacks well exceeding the requirements of the zoning district. 17.67.05 E. 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. Public support for the Ouzinkie School addition has been demonstrated by passage of a school bond issue for the construction. An expanded school facility is needed in Ouzinkie and maximization of public benefit logically dictates that this occur at the site of the existing school in conjunction with maintenance and safety standards. The motion was seconded. 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 94-032. Request for a rezone, in accordance with Section 17.72.030 A (Manner of Initiation) of the Borough Code, of Tracts A & B, Port Lions Subdivision, 1st Addition, from C-- Conservation to NU --Natural Use Land. Generally located along Port Lions River, near Settlers Cove in Kizhuyak Bay. BOB SCHOLZE indicated 58 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended forwarding this request to the Borough Assembly with a recommendation of approval. COMMISSIONER BARRETT MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tracts A & B, Port Lions Subdivision, from C--Conservation to NU --Natural Use Land, and to adopt the findings in the staff report dated September 6, 1994 in support of this recommendation. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from C--Conservation to NU --Natural Use Land is needed and justified because the NU --Natural Use Land zoning district: A. will better accomplish the specific intent of the Port Lions Comprehensive Development Plan to P & Z Minutes: September 21, 1994 Page 4 of 11 preserve land within 100 feet on both sides of the Port Lions River as a greenbelt; B. is consistent with the historical use of this area; C. is consistent with the KIBCMP; D. will prohibit more intensive land uses permitted in the C--Conservation zoning district that are not compatible with the historical use and greenbelt designation of the area. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Port Lions Comprehensive Development Plan specifically designates this area as a greenbelt to retain its natural character and provide for recreation. This intent is more consistent with the description and intent of the NU --Natural Use Land zoning as stated in KIBC 17.12.010. A change of zoning from C--Conservation to the NU --Natural Use Land zoning district is therefore necessary to better achieve the goals of the Comprehensive Plan. The motion was seconded. 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. D) 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 (Postponed from the July 20, and August 17, 1994 regular meetings). BOB SCHOLZE indicated 22 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request until the October 19, 1994 regular meeting, at the request of the applicant. COMMISSIONER TURNER MOVED TO POSTPONE action on Case S94-020 until the October 19, 1994 Planning and Zoning Commission regular meeting, and to schedule the request for an additional public hearing at that time. The motion was seconded. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. P & Z Minutes: September 21, 1994 Page 5 of 11 I Sc Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. r - E) Case S94-024. Request for preliminary approval of the subdivision of Lot 21-A, Block 7, Monashka Bay Alaska Subdivision, creating Lots 21A-1 and 21A-2, Block 7, Monashka Bay Alaska Subdivision. 3399 Peninsula Road and Lakeview Drive (Postponed from the August 17, 1994 regular meeting). BOB SCHOLZE indicated 31 public hearing notices were mailed for this case and none were returned this month. Staff recommended postponement of this request until the October 19, 1994 regular meeting, at the written request of the agent. COMMISSIONER GORDON MOVED TO POSTPONE action on Case S94-024 until the October 19, 1994 regular meeting, and to schedule it for another public hearing. The motion was seconded. Regular Session Closed. Public Hearing Opened: Philip Becker, owner of Lot 22A, appeared before the Commission and expressed concern about the steep access to the proposed flag lot. Craig Johnson, agent, appeared before the Commission and stated they had been working with an engineer to address the concerns expressed by staff, and requested the Commission postpone action until the October meeting. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. F) Case S94-027. Request for preliminary approval of the vacation of the westerly five (5) foot portion of a ten (10) foot utility easement on Lot 15, Block 5, Erskine Subdivision. BOB SCHOLZE indicated 32 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request, subject to conditions. COMMISSIONER SZABO MOVED TO GRANT preliminary approval of the vacation of the westerly five (5) foot portion of a ten (10) utility easement on Lot 15, Block, 5, Erskine Subdivision, subject to the two conditions of approval contained in the staff report dated September 6, 1994 and to P & Z Minutes: September 21, 1994 Page 6 of 11 n? adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Remove all structural development, including foundations, projecting into the five (5) foot portion of the utility easement along the westerly property line of Lot 15 immediately adjacent to Lot 6C and across that property line onto Lot 6C, except what might be permitted to remain (ie, decks and eaves) with written approval of the principal user of the easement (KEA) and of the owner of Lot 6C. 2. The vacation of the easement will be reviewed and approved by the City Council prior to final plat approval. 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 provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was seconded. 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. G) Case 94-035. Investigation of the possible rezone of all PL-- Public Use Lands surrounding Beaver Lake, from PL--Public Use Land to NU --Natural Use Land. BOB SCHOLZE indicated 86 public hearing notices were mailed for this case and 2 were returned in favor of this request. Staff recommended this request be defeated and that, following the vote, the Commission state their intent to review the land use designations for the land surrounding Beaver Lake as part of the Urban Area Comprehensive Plan update project. COMMISSIONER BARRETT MOVED TO REZONE all of the PL--Public Use Lands surrounding Beaver Lake from PL--Public Use Land to NU --Natural Use Land. P & Z Minutes: September 21, 1994 Page 7 of 11 I &, 4 e— The motion was seconded. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT stated that he had reviewed the Resource Manager's comments about this case, and felt that his recommendation of a 60-foot buffer was worth considering. He was concerned was about maintaining protection around the lake. COMMISSIONER SZABO asked for clarification of the Resource Manager's recommendation. LINDA FREED addressed the question. The Commission further discussed their concerns about development of this area. COMMISSIONERS BONNEY, GORDON and TURNER agreed that postponement would be appropriate, and that more time should be taken before making a recommendation on rezoning this area. The question was called and the motion FAILED by a roll call vote of 2-4. COMMISSIONERS BONNEY, FRIEND, TURNER �-' and GORDON voted no. COMMISSIONER BONNEY MOVED TO INCLUDE the review of the land use designations for the land surrounding Beaver Lake, as part of the Urban Area Comprehensive Plan update project. The motion was seconded and CARRIED by unanimous roll call vote. H) Case 94-036. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of all Borough and State owned land (approximately 44,000 acres) on Shuyak Island, from C--Conservation to NU --Natural Use Land. BOB SCHOLZE indicated 12 public hearing notices were mailed for this case and none were returned. Staff recommended forwarding this request to the Borough Assembly with a recommendation of approval. COMMISSIONER TURNER MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezone of all State of Alaska and Kodiak Island Borough owned land (approximately 44,000 acres) on Shuyak Island from C-- Conservation to NU --Natural Use Land, and to adopt the findings in the staff report dated September 6, 1994 as "findings of fact" in support of this recommendation. FINDINGS OF FACT P & Z Minutes: September 21, 1994 Page 8 of 11 I gS- 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from C--Conservation to NU --Natural Use Land is needed and justified because the NU --Natural Use Land zoning district: A. will better accomplish the specific intent of the Shuyak Island Comprehensive Plan to retain the natural diversity of the Island and to protect the Island's natural environment and habitat; B. is consistent with the acquisition objectives of the Exxon Valdez Trustee Council which helped guide the acquisition of 27,000 acres of Borough land on Shuyak Island by the Council; C. is consistent with the KIBCMP; and D. will prohibit more intensive land uses permitted in the C--Conservation zoning district that are not compatible with the preservation of habitat and enhancement of recreational value. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Specific goals stated in the Shuyak Island Comprehensive Plan include preservation of habitat, retention of natural diversity, protection of the environment and preservation of recreational opportunities. This intent is more consistent with the description and intent of the NU --Natural Use Land zoning as stated in KIBC 17.12.010. A change of zoning from C--Conservation to the NU --Natural Use Land zoning district is therefore necessary to better achieve the goals of the Comprehensive Plan. The motion was seconded. 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. I) Capital Improvements Program. Planning and Zoning Commission review, under Section 2.40.030.E of the Borough Code, of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal year 1996 through fiscal year 2000). BOB SCHOLZE indicated no public hearing notices were mailed for this case but that it had been advertised in the P & Z Minutes: September 21, 1994 Page 9 of 11 1 F 6 newspaper of local circulation. Staff reported that the list, as discussed at last week's packet review worksession, was before the Commission for their consideration. COMMISSIONER GORDON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly incorporate the following .— projects, in the priority listed, into the Borough's adopted CIP list for FY96 through FY2000: 1. Sewer Treatment Plant un2rade and infrastructure 2. Service District One water and sewer completion. 3. Spruce Cape Road reconstruction - upgrade and walkway. 4. Selief Lane drainage (design and construction). 5. Monashka Bay sewer and water (design and engineering). 6. Road design for Three Sisters, Sawmill Extension, Peninsula Drive, Otmeloi Way, Marmot Drive, etc. 7. Acquisition and construction of small boat launch for Monashka (VFW). 8. Sharatin Road & Perenosa Drive construction & water/sewer completion 9. Chiniak Highway hazards removal design. 10. Anton Larsen Bay small boat landing ramps and road extension 11. Ugak Bay boat launch (Pasagshak) The motion was seconded. 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. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER BARRETT MOVED TO ACKNOWLEDGE RECEIPT of items A through F of communications. The motion was seconded and CARRIED by unanimous voice vote. A. Letter dated August 25, 1994 to Ken Werner, Koast Tire Co., from Tom Bouillion, RE: Parking requirements on Lot 2A, U.S. Survey 3098. B. Letter dated August 25, 1994 to David Colwell, Kodiak Veterinary Clinic, from Tom Bouillion, RE: Compliance with parking requirements on Lot 14A-1, U.S. Survey 3098. P & Z Minutes: September 21, 1994 Page 10 of 11 19 7 C. Letter dated September 1, 1994 to Arlene Murphy, OMB-DGC, from Linda Freed, RE: City Tideland Tract P-19 (Pearson Cove). D. Letter dated September 14, 1994 to Allan Thielan, from Tom Bouillion, RE: Fence encroachment on Lot 1, Block 14, Kodiak Townsite E. Statement of Points on Appeal: Lenhart J. Grothe vs. Kodiak Island Borough. Appeal of the denial of Case S94-010, Subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision. F. Letter dated September 19, 1994 to Tony Perez, from Joel Bolger, Borough Attorney, RE: Lot 1, Tona Subdivision, junk clean-up. 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. A) Community Development Department Status Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS Due to several conflicts, the September 28, 1994 regular worksession was cancelled. CHAIR FRIEND welcomed new Commissioner DARLENE TURNER. XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION La Friend, Chair ATTEST By:�/�jy��� Eileen Probasco, Secretary Community Development Department DATE APPROVED: October 19, 1994 P & Z Minutes: September 21, 1994 Page 11 of 11 1Qu