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1994-10-19 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 19, 1994 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Friend on October 19, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Bruce Barrett Tuck Bonney Ken Gordon Jeff Knauf Pat Szabo Commissioners Absent: Darlene Turner - Excused 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: IX COMMUNICATIONS B) Stipulation and Order Suspending Further Proceedings, filed by Gerald L. Sharp, and Bradley E. Meyen, attorneys for Len Grothe, and the Kodiak Island Borough, respectively, suspending further action on the appeal of Case S94-010, pending a decision on Case S94-028, a reconfiguration of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision. C) Article dated October/November, 1994, written by Doug Harbrecht, titled A Question of Property Rights and Wrongs - Do americans really want their neighbors to be able to do whatever they want with their land? D) Article from May, 1994 Planning Magazine; How to Create a Subdivision With Character - Cul-de-Sacs and Their Alternatives E) Letter dated September 30, 1994 from Kathy Colwell, President, Horseshoe Lake Community Association, to Jerrol Friend, Chair, stating their desire to participate in the update of the Urban Area Comprehensive Plan. P & Z Minutes: October 19, 1994 Page 1 of 25 i..,: F) Notice of public meeting for a presentation and discussion on the Kodiak Transportation Study, scheduled for Wednesday, November 9, 1994 at 7:00 p.m. 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 September 21, 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 94-037. Request for a conditional use permit, in accordance with Section 17.13.040 of the Borough Code, to permit a logging camp, including mobile homes, office space, and equipment maintenance and repair facilities, to be located in the C--Conservation Zoning District. Lot 9, U.S. Survey 3474, 43690 Chiniak Highway. BOB SCHOLZE indicated that 16 public hearing notices were mailed for this case and 10 were returned, 8 opposing and 2 stating non -objection to this request. Staff recommended approval of this request, subject to ten (10) conditions. COMMISSIONER BONNEY MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.5 of the Borough Code to permit a logging camp, including seven (7) mobile homes (six for residential, one for office space) and equipment maintenance and repair facilities (in two renovated Quonset huts existing on the property) located in the C-- Conservation Zoning District; subject to the conditions of approval contained in the staff report dated September 30, 1994; and to adopt the findings contained in the staff report dated September 30, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This conditional use permit will expire in four (4) years (on October 19, 1998). At that time, the Commission will make a decision, if requested by the applicant, whether to extend, and, if appropriate, expand the permit if the conditions of approval are determined to have provided effective safeguards eliminating or adequately controlling negative impacts. 2. This conditional use permit applies only to the logging operation described in the application (ie., Leisnoi/Ben Thomas Inc. joint venture). P & Z Minutes: October 19, 1994 Page 2 of 25 3. Occupancy of any mobile homes placed on the property in reliance on this conditional use permit is limited to employees or principals of the Ben Thomas Inc. logging company. 4. Engineered plans approved by ADEC for water and septic systems, whether existing or new installation, must meet State wastewater and drinking water code requirements for commercial enterprise. The approved plans must be provided to the Community Development Department prior to zoning compliance being issued for any mobile homes to be located on the property. 5. A plan for storage of fuel and oil must approved by ADEC and submitted to the Community Development Department. 6. To provide adequate buffering between the logging camp and adjacent residential properties, the natural vegetation must be retained within the required twenty- five (25) foot set backs. And natural drainage patterns must be preserved. 7. A detailed site plan, including an as -built survey showing existing structures on the property, shall be submitted to the Community Development Department, which demonstrates that the placement of up to seven (7) mobile homes as part of the logging camp on the property will conform with the following sections of Chapter 26 of Borough code regulating mobile home parks: 17.26.050 (definitions); 17.26.020 (plan review); 17.26.030 (park streets); 17.26.040 (parking); 17.26.070 (space coverage); 17.26.090 (on -site storage); 17.26.100 (minimum distances); and 17.26.110 (screening). 8. In order to ensure that noise resulting from the operation or maintenance of heavy equipment and log trucks on the property is not objectionable and disruptive to the normal residential use in the surrounding area, the noise loudness measured at the property lines shall not exceed ninety (90) decibels. This is consistent with the performance standard established for noise in the I -- Industrial zoning district where a use adjoins a residential district (KIBC 17.24.060.A). 9. If the existing septic system leachfield is within a State highway easement, the appropriate required permit or lease must be obtained from ADOT prior to reutilization of the sewer system. 10. Should the logging operation be discontinued or abandoned, all structures placed on the property in reliance on this conditional use permit will be removed from the property within six (6) months of abandonment with the exception of what might be permitted outright in the &-Conservation zoning district. P & Z Minutes: October 19, 1994 Page 3 of 25 1 n FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. The conditions address concerns related to screening; preservation of drainage; retention of natural vegetation; access; adequacy of water and sewer; noise and other potential negative off -site impacts; and placement of mobile homes for the logging camp in conformance with the mobile home park regulations of Borough code. Since the conditional use permit expires in four years, the Commission will make a decision then on renewal and expansion of the permit based on perceived negative impacts, if any, and on the effects on neighborhood character. It should be noted that the Native Corporation property owner and the logging company have demonstrated, through public meetings and public awareness programs, their intention to work with the Chiniak community in minimizing negative impacts, ensuring safety, improving the local economic base, and generally being a good neighbor. 17.67.05 B. 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 permit will fulfill all other requirements of chapters 17.67 (Conditional Use Permits) and 17.13 (C--Conservation Zoning District) of Borough Code as outlined above. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. If ADEC requirements related to sewer and water installation, and other applicable zoning and building permit requirements are met related to occupation of mobile homes as residences, there is no reason to believe that granting the conditional use permit will be harmful to the public health and safety. The conditions of approval are designed to ensure that this conditional use will preserve the convenience and comfort not only of neighbors, but also of those who will call the logging camp their home. To some extent, there is a self-regulating mechanism inherent in combining the residential and the equipment maintenance and storage uses on one property. Presumably, those involved with maintenance and P & Z Minutes: October 19, 1994 Page 4 of 25 , .,, operation of heavy equipment would be living, with their families, nearby, and therefore have the incentive of ensuring the safety and quality of life of their own home environment. 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. The Commission has applied reasonable conditions of approval to this conditional use permit to mitigate potential negative off -site impacts on other permitted uses in the area. One of the conditions of approval is requirement for screening or buffering to preserve the residential neighborhood character of the area. Retention of natural vegetation within the twenty-five (25) foot setbacks will ensure minimal impacts on neighboring properties. Application of requirements dealing with minimum separation, space coverage, parking and access in mobile home parks as condition of approval will further ensure safe and compatible residential living conditions. Retention, or provision, of vegetation will also serve to provide buffering and screening. The motion was seconded. Regular Session Closed. Public Hearing Opened: Joan Brodie, owner of Lot 8, appeared before the Commission and expressed opposition to this request. She felt that the proposed use was incompatible with the residential atmosphere of the neighborhood, and that there was adequate land available on the land being used for logging to accommodate the logging camp. Dave Odell, Chiniak resident, appeared before the Commission and expressed opposition to this request. He agreed with Ms. Brodie's concerns, and expressed his concern about adequate water and wastewater facilities for the proposed use. Norm Botz, owner of Lot 10, appeared before the Commission and expressed opposition to this request. He felt that permitting the logging camp would be detrimental to the neighborhood. Woody Konig, Chiniak resident, appeared before the Commission and expressed opposition to this request. He also felt there was other land available to accommodate the logging camp. Public Hearing Closed. Regular Session Opened. P & Z Minutes: October 19, 1994 Page 5 of 25 COMMISSIONER BARRETT asked questions about the size of the lot, a definition of a logging camp, and about mobile home parks and buffers. LINDA FREED responded to his questions. COMMISSIONER KNAUF asked some questions of LINDA FERRIS, agent, concerning the applicant's intent with regard to the number of trailers requested, the time they anticipated they would begin putting trailers on the lot, and the expected hours of operation of the shop. COMMISSIONER BARRETT expressed concern about the impact of a development of this size on a lot of only approximately four acres. COMMISSIONER SZABO shared COMMISSIONER BARRETT'S concerns, and added that she didn't feel the width of the lot would allow adequate noise and sight buffers for the neighboring residential lots. She didn't feel a logging camp would be in the residential spirit of the neighborhood. COMMISSIONER FRIEND concurred with comments shared by the other Commissioners. The question was called and the motion FAILED by unanimous roll call vote. Findings of fact for this case were postponed until the November 16, 1994 regular meeting. B) Case 94-038. Request for a variance from Section 17.57.080.F.1 of the Borough Code, to permit an eighteen (18) foot driveway, rather than the required twenty-four (24) foot driveway for two-way traffic, to support a non-residential use. Lot 16-C-1, U.S. Survey 3098, 2010 Mill Bay Road. BOB SCHOLZE indicated that 17 public hearing notices were mailed for this case and 2 were returned stating non -objection to this request. Staff recommended denial of this request, however, as the Commission requested at the packet review worksession, an alternative motion, providing for approval, was provided for the Commission's consideration. COMMISSIONER BARRETT MOVED TO GRANT a variance from Section 17.57.080 F.1 of the Borough Code, to permit an eighteen (18) foot driveway, rather than the required twenty- four (24) foot driveway for non-residential uses on Lot 16C-1, U.S. Survey 3098, subject to the conditions of approval in the staff report dated October 14, 1994, and to adopt the findings in that staff report as findings of fact in support of this approval. CONDITIONS OF APPROVAL 1. The existing telephone pedestal in the Mill Bay Road right-of-way in front of Lot 16C-1 must be moved sufficiently to allow the driveway to fan out to twenty- four (24) feet at road's edge. P & Z Minutes: October 19, 1994 Page 6 of 25 2. The existing lawn in front of the structure on Lot 16C-1 must be preserved and shrubbery planted to enhance the landscaping to ensure that no parking occurs on the property in front of the structure. 3. Mirrors must be attached to each corner of the building adjacent to the driveway to allow drivers ingressing or egressing the parking lot at the rear of the structure to see traffic coming from the opposite direction. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Lot 16C-1 is generally flat and, at 9,024 square feet, sufficiently large to support a business use. The condition applicable to the property or intended use or development not applying to other properties in the same land use district is the location of the preexisting residential house on the property, and the fact that adequate parking can be located to the rear of the structure. The location of this structure does not allow for the required twenty-four (24) foot driveway for two- way traffic specified in Borough Code. 17.66.050 A. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of not being able to convert the existing structure to a business to conform with the zoning. This is because on -site parking meeting business development standards can only be located to the rear of the existing structure, and there is neither width sufficient on one side to meet the two-way driveway requirement of Borough Code (24 ft.), nor width sufficient on both sides to meet the one-way driveway requirement of Borough Code (12 ft. on each side). 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting this variance should not be prejudicial or result in material damage to other properties in the vicinity, nor be detrimental to the public safety and welfare. Eighteen feet width has been determined to be sufficient for two- way traffic on rural roads in parts of the country, and is the combined width of two parking spaces as required in Borough Code (9 ft. x 2), so it can serve as a two-way driveway safely and adequately. P & Z Minutes: October 19, 1994 Page 7 of 25 n 17 66 050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan The comprehensive plan was amended by the Assembly in 1979 identifying this area for future business use. Granting this variance would be compatible with the objectives of the comprehensive plan. The proposed business use of the property would bring the existing nonconforming residential use of the property, into conformance with the comprehensive plan. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by the variance. The applicant purchased an existing nonconforming residence, and has requested the variance to allow conversion of the structure to a conforming business use. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting this variance will not permit a prohibited land use in the B--Business zoning district since it will accommodate the conversion of a nonconforming residential use into a permitted business use. The motion was seconded. Regular Session Closed. Public Hearing Opened: Kathy Colwell appeared before the Commission and expressed opposition to this request, however, she felt that the conditions of approval might address her concerns, if they were adequately enforced. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT stated that he felt the request was reasonable, and that the development plan followed the suggestions in the planning video recently viewed by the Commission. COMMISSIONER KNAUF agreed BARRETT'S comments, and asked reviewed the proposed conditions, comply with them. The applicant objections to the conditions. with COMMISSIONER the applicant if he had and felt that he could stated that he had no The question was called and the motion CARRIED by unanimous roll call vote. P & Z Minutes: October 19, 1994 Page 8 of 25 C) Case 94-039. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of all the uplands and tidelands owned by the City of Kodiak, in the area commonly known as Pearson Cove, from I --Industrial to NU --Natural Use Land. r-- BOB SCHOLZE indicated that 108 public hearing notices were mailed for this case and 13 were returned, 1 in favor of postponement and 12 opposing postponement, and in favor of approval of this request. Staff recommended postponement of this request until the November 16, 1994 meeting, to allow for development of an adequate legal description of the property to be rezoned, to allow for research into the current zoning district boundaries and their relationships to existing property boundaries, and to allow for research into the legal status of upland access to the City owned land in Pearson Cove. COMMISSIONER GORDON MOVED TO POSTPONE investigation of the rezoning of all the uplands and tidelands owned by the City of Kodiak, in the area commonly known as Pearson Cove, from I --Industrial to NU --Natural Use Land until the November 16, 1994 regular meeting. The motion was seconded. Regular Session Closed. Public Hearing Opened: Dave Woodruff, former City Councilmember, appeared before the Commission and expressed support for this rezone request, and presented the Commission with the history of the Pearson Cove area. Mr. Woodruff recalled that when Parcel P-19 was available for sale, the City chose not to purchase it. He felt postponement of the request was not in the best interest of the community. Pat Holmes appeared before the Commission and expressed support for this rezone request. He presented the Commission with additional historical information and pictures of Pearson Cove. He felt that adequate access could be provided to the proposed park from Marine Way. Mr. Holmes requested that, if the rezone request was postponed, the Community Development Department staff write a letter to the U.S. Army Corps of Engineers requesting they also postpone their action on the permit requested for Parcel P-19. Marya Nault, representing Pearson Cove/Mission Road Community Association, appeared before the Commission and expressed her desire for the Commission to approve this rezone request as soon as possible. She explained the intentions of the Association and their desire to see Pearson Cove park developed. She also explained the Association's attempts to postpone action by the Corps of the approval of the permit requested by the owner of Parcel P-19. Ms. Nault pointed out that the owners of Parcel P-19 were not present at any of the City Council meetings which were held on the development of the park in Pearson Cove, nor had they contacted any of the P & Z Minutes: October 19, 1994 Page 9 of 25 neighbors to discuss their intentions. She confirmed her support of the approval of the companion conditional use permit request. Ms. Nault read into the record, letters in support of the rezone from: Vern and Debbie Hall, Ellen and Danny Graham, Sharon and Steven Horn, and Betty Springhill. --- At the request of CHAIR FRIEND, a show of hands in the audience indicated that 26 people present were in support of the rezoning of the area to NU --Natural Use Land, and in favor of the conditional use permit. CHAIR FRIEND asked that further testimony be limited to 3 minutes per person, unless new information was to be presented. Charlie Holt appeared before the Commission and expressed support for this request. Mike Haggren appeared before the Commission and expressed support for this request. He stated that his property was adjacent to the proposed park and that he is currently negotiating with the City, for the possibility of accessing the park across his property. Byron Pierce appeared before the Commission and expressed support for this request and his opposition to development of Parcel P-19. Bill Guy appeared before the Commission and expressed support for this request. He asked questions about OMB-DGC, and asked for explanation of the review process, and if OMB- DGC and the Corps were aware of the application to rezone the surrounding properties to NU --Natural Use Land. LINDA FREED addressed those questions and confirmed that both of those agencies were aware of the rezone request. John Nuttall appeared before the Commission and expressed support for this request. Marya Nault appeared again and confirmed that the Pearson Cove/Mission Road Community Association had written a letter to LINDA FREED requesting that she officially inform the Corps and OMB-DGC of the pending rezone request, and that MS. FREED had written a letter to that affect. Tony Chatto appeared before the Commission and expressed support for this request. Ann White appeared before the Commission and expressed support for this request. Mary Harder appeared before the Commission and expressed support for this request. Andre Nault appeared before the Commission and expressed support for this request. P & Z Minutes: October 19, 1994 Page 10 of 25 Julie Hill appeared before the Commission and expressed support for this request. Joe Macinco appeared before the Commission and expressed support for this request. Darcy Holt appeared before the Commission and expressed support for this request. Joseph Jensen appeared before the Commission and expressed support for this request. Harold Jones appeared before the Commission and expressed support for this request. John Reft appeared before the Commission and expressed support for this request. Guy Powell appeared before the Commission and expressed support for this request. Richard Shepard appeared before the Commission and expressed support for this request. At this time, LINDA FREED read into the record, letters in support of the rezone from Donene Tweten, Ruth Breckberg, Lee Neel and Ron Doubt. She also read, at the request of the applicant, who was unable to attend the meeting, a letter from Dan Ogg and Eric Blankenberg, requesting postponement to allow time to "flesh out" the issues that needed to be addressed. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO asked questions of staff about the implications of recommending approval of this request tonight. LINDA FREED explained staffs specific concerns about making a recommendation on the rezone at this meeting, in that the public hearing notice written description didn't accurately reflect the area, nor the correct current zoning, shown on the map. She said that if the Commission chose to forward this request to the assembly at this meeting they would need to formulate and adopt findings of fact in support of the recommendation. COMMISSIONER BARRETT MOVED TO AMEND THE MOTION TO READ to recommend to the Borough Assembly the rezone of all uplands and tidelands owned by the City of Kodiak, in the area commonly known as Pearson Cove, to NU- -Natural Use Land. The motion was seconded. COMMISSIONER BARRETT stated that his intent was to adopt findings of fact prior to the end of this meeting, to avoid postponing this request any further. P & Z Minutes: October 19, 1994 Page 11 of 25 COMMISSIONER KNAUF stated that he would vote in favor of this rezone request. He also stated that it was apparent to him that, had the City of Kodiak taken steps years ago to purchase Parcel P-19, this request would not be such an issue now. r- COMMISSIONER GORDON stated that he felt that the request needed to be postponed to address the issues identified by staff. COMMISSIONER BONNEY disagreed. He did not feel that the issue of what might happen with Parcel P-19 should have any bearing on the rezone request. COMMISSIONER FRIEND stated that his only concern about approving this rezone was the fact that it would be "locking in" the I --Industrial zoned Parcel P-19 with adjacent NU --Natural Use Land. He felt it would limit the owners of that property to what they could do with their parcel. The question was called and the amendment CARRIED by a roll call vote of 5-1. COMMISSIONER GORDON voted no. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CHAIR FRIEND requested that staff draft findings of fact, for the Commission to consider at the end of the meeting. D) Case 94-040. Request for a conditional use permit, in accordance with Section 17.12.040 of the Borough Code, to permit a park and recreational support structures, to be located in Pearson Cove. BOB SCHOLZE indicated that 108 public hearing notices were mailed for this case and 6 were returned, in favor of this request. Staff recommended postponement of this request until the rezone was forwarded to the Assembly, which had been accomplished. Staff also recommended that, should the Commission choose to approve this conditional use permit at this meeting, a condition should be attached, stating that it is contingent upon final approval of the rezone by the Borough Assembly. COMMISSIONER SZABO MOVED TO GRANT a request for a conditional use permit to permit a park, including recreational support structures, to be located on City -owned uplands and tidelands in Pearson Cove, to be effective upon approval by the Borough Assembly of the rezone of the parcel to NU --Natural Use Land. The motion was seconded. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. P & Z Minutes: October 19, 1994 Page 12 of 25 Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. Findings of fact for this case were postponed until the November 16, 1994 regular meeting. E) 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, August 17, and September 21, 1994 regular meetings). BOB SCHOLZE indicated that 22 public hearing notices were mailed for this case and 2 were returned, 1 stating no objection and 1 opposing this request. Staff recommended postponement of this case, at the request of the applicant, and to schedule it as an old business item at the January, 1995 regular meeting. COMMISSIONER SZABO MOVED TO POSTPONE action on Case S94-020 until the January, 1995 Planning and Zoning Commission regular meeting, and to schedule the request as an Old Business item at that time. ■— 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. F) 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, and September 21, 1994 regular meetings). BOB SCHOLZE indicated that 31 public hearing notices were mailed for this case and none were returned this month. Staff recommended postponement of this case, at the request of the agent, and to schedule it as an old business item at the November, 1994 regular meeting. COMMISSIONER KNAUF MOVED TO POSTPONE action on Case S94-024 until the November 16, 1994 regular meeting, and to schedule it as an old business item at that time. The motion was seconded. P & Z Minutes: October 19, 1994 Page 13 of 25 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 S94-026. Request for preliminary approval of the subdivision of Lot 3A, Block 2, Miller Point Alaska Subdivision, creating Lots 3A-1 and 3A-2, Block 2, Miller Point Alaska Subdivision. 4866 Rezanof Drive East. BOB SCHOLZE indicated that 14 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to three (3) conditions. COMMISSIONER GORDON MOVED TO GRANT preliminary approval of the subdivision of Lot 3A, Block 2, Miller Point Alaska Subdivision, creating Lots 3A-1 and 3A-2, Block 2, Miller Point Alaska Subdivision subject to the conditions of approval contained in the Summary Statement dated October 19, 1994 and to adopt the findings contained in the staff report dated September 30, 1994 as "Findings of Fact" for this case. 1. Place a note on the final plat stating: "Any transfer of ownership of either Lot 3A-1 or Lot 3A-2 will require the installation of an individual water service line & valve to the residence on Lot 3A-2." 2. Provide an electrical easement for the existing underground service lines on Lot 3A as requested by KEA. 3. The back two-thirds (60 feet) of the ninety (90) foot long utility and access easement on Lot 3A-2 will be reduced to twenty (20) feet wide. 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. P & Z Minutes: October 19, 1994 Page 14 of 25 N 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. H) Case S94-028. Request for preliminary approval of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision, creating Lots 7A-1 through 7A-5, Block 5, Miller Point Alaska Subdivision. 4053 Cliffside Road. BOB SCHOLZE indicated that 21 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended approval of this request, subject to eight (8) conditions. COMMISSIONER BONNEY MOVED TO GRANT preliminary approval of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision, creating Lots 7A-1 through 7A-5, Block 5, Miller Point Alaska Subdivision, subject to the conditions of approval contained in the staff report dated September 30, 1994, and to adopt the findings contained in the staff report dated September 30, 1994, as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. Submit additional grading and drainage information to the Borough Engineering/ Facilities Department for approval prior to final approval of the plat. 2. Designate all easements shown on the preliminary plat as utility easements so that they may be made available for electrical and telephone utilities, as well as water and sewer. 3. Designate a five (5) foot utility easement along the south side lot line of Lots 7A-1 and 7A-5 adjacent to Lot 6A-1 as requested by KEA. 4. Provide to the KIB Engineering/Facilities Department for review and approval both a sanitary sewer plan engineered by an Alaska licensed civil engineer and a storm drainage plan consistent with the proposed grading plan. 5. Increase the width of the proposed sewer and drainage easements to be compatible with the required sewer and storm drainage plans as determined by KIB P & Z Minutes: October 19, 1994 Page 15 of 25 Y, 4 Engineering/Facilities Department review after submittal of the plans. 6. Provide a drainage easement across the northwest corner of proposed Lot 7A-3 to accommodate installation of a culvert as required. 7. Prior to final plat approval, construct the storm drain and sanitary sewer improvements required to support this subdivision in accordance with KIBC Section 16.70. 8. Place a note on the final plat stating: "Natural drainage across lots will not be blocked or impeded." 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: Emil Norton appeared before the Commission and expressed opposition to this request. He was concerned about the potential density of the neighborhood and the "wetlands" on Lot 7A. LeRoy Cossette appeared before the Commission and expressed opposition to this request. He was opposed to an increase in density of the neighborhood. Len Grothe, applicant, appeared before the Commission and expressed support for this request. He addressed some of the concerns about traffic and access along Cliffside Road, and also the neighbors concerns about drainage from the lot, verbalizing his proposed drainage plan. He felt that the other concerns expressed by neighbors were "not in my back yard" concerns. He also pointed out that the U.S. Army Corps of Engineers had determined that Lot 7A did not contain "wetlands" as indicated by some neighbors. Mike Sirofchuck appeared before the Commission and expressed opposition to this request. He was still concerned about safety of access to the two proposed lots bordering Cliffside Road. He believed that this revised plan would still P & Z Minutes: October 19, 1994 Page 16 of 25 Y -t increase the density to one which was incompatible with the neighborhood. Public Hearing Closed. Regular Session Opened. COMMISSIONER BONNEY MOVED TO EXTEND the meeting past 11:00 p.m., until all business was completed. The motion was seconded and CARRIED by a roll call vote of 4-2. COMMISSIONERS BARRETT and SZABO voted no. Regular Session Closed. Public Hearing Opened: Mike Sirofchuck continued by reading a letter into the record from Mel and Alice Levan, also opposing this request. Ed Gondek appeared before the Commission and expressed support for this request. John Rauwolf appeared before the Commission and expressed support for this request. LINDA FREED read 2 letters into the record, from Laura Resof and Barbara Rabold, both opposing the request. r" Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT stated that he believed that the proposed subdivision could be improved by providing 15 thousand square foot lots. He felt that protecting the integrity of the neighborhood was important, and that the concerns of the neighbors were valid. COMMISSIONER FRIEND felt that the precedent had already been set with the subdivision of previous lots in the neighborhood, and that this revised subdivision reflected an adequate compromise. COMMISSIONER BONNEY agreed with COMMISSIONER FRIEND'S comments. COMMISSIONER SZABO also agreed with COMMISSIONER FRIEND'S comments. She felt that previous concerns she had about the development had been adequately addressed by the revised subdivision. Although she empathized with the concerns of the neighborhood, she found the revised subdivision different from the prior subdivision, and intended to vote in favor of the request. The question was called and the motion CARRIED by a roll call vote of 5-1. COMMISSIONER BARRETT voted no. I) Case S94-029. Request for preliminary approval of the subdivision of Lot 6A, Block 7, Miller Point Alaska Subdivision, P & Z Minutes: October 19, 1994 Page 17 of 25 creating Lots 6A-1 through 6A-3, Block 7, Miller Point Alaska Subdivision. 4325 Rezanof Drive East. BOB SCHOLZE indicated that 20 public hearing notices were mailed for this case and 2 were returned stating non -objection to this request. Staff recommended approval of the request, subject to three (3) conditions, one of which has been included at the request of the applicant, by adding an easement on Lot 6A-3 to allow Lot 6A-2 to connect to an existing sewer sub -out. COMMISSIONER GORDON MOVED TO GRANT preliminary approval of the subdivision of Lot 6A, Block 7, Miller Point Alaska Subdivision, creating Lots 6A-1 through 6A-3, Block 7, Miller Point Alaska Subdivision, subject to the conditions of approval contained in the Summary Statement dated October 19, 1994 and to adopt the findings contained in the staff report dated September 30, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Provide a utility easement, five (5) feet on either side of the common property line between proposed Lots 6A-2 and 6A-3 as requested by KEA. 2. Provide a thirty (30) foot wide access and utility easement along the southwesterly property line of proposed Lot 6A-3 common with Lots 2 and 3A, Block 8, Miller Point Alaska Subdivision, 1st Addition, to accommodate future extension of the eight -inch sewer stub -out and to encompass the existing gravel drive which currently provides physical access to Lot 3A. 3. Provide a fifteen (15) foot wide sewer easement across the southwest corner of proposed Lot 6A-1, as indicated, for the benefit of proposed Lot 6A-2, to utilize an existing 6 inch sewer stub out at the front of Lot 6A-1. 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. P & Z Minutes: October 19, 1994 Page 18 of 25 Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. J) Case S94-030. Request for preliminary approval of the subdivision of Lot 14, U.S. Survey 3103, creating Lots 14A and 14B, U.S. Survey 3103. 3111 Peninsula Road. BOB SCHOLZE indicated that 28 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to two (2) conditions. COMMISSIONER BARRETT MOVED TO GRANT preliminary approval of the subdivision of Lot 14, U.S. Survey 3103, creating Lots 14A and 14B, U.S. Survey 3103, subject to the conditions of approval contained in the staff report dated September 30, 1994 and to adopt the findings contained in that staff report as "Findings of Fact" for this case. 1. Provide a ten (10) foot aerial electrical easement for the overhead electrical power line not covered by the proposed thirty (30) foot wide road and utility easement. 2. Remove the banyaldog kennel from proposed Lot 14B 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. K) Case 894-031. Request for preliminary approval of the vacation of Tract D-IA-4, U.S. Survey 1678, and Lot 10, Block P & Z Minutes: October 19, 1994 Page 19 of 25 Z i- 1, Monashka Bay Alaska Subdivision, and replat to Tracts D- lA-4A, U.S. Survey 1678, and Lot 10A, Block 1, Monashka Bay Alaska Subdivision, and vacation of a portion of the twenty (20) foot utility easement centered between the two existing lots. 2563 Three Sisters Way and 1902 Monashka Circle. BOB SCHOLZE indicated that 19 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to two (2) conditions. COMMISSIONER KNAUF MOVED TO GRANT preliminary approval of the vacation of Tract D-IA-4, U.S. Survey 1678, and Lot 10, Block 1, Monashka Bay Alaska Subdivision, and replat to Tracts D-lA-4A, U.S. Survey 1678, and Lot 10A, Block 1, Monashka Bay Alaska Subdivision, and the vacation of a portion of the twenty (20) foot utility easement centered between the two existing lots, subject to the conditions of approval contained in the staff report dated September 30, 1994 and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Place a note on the final plat stating: "Natural streams and drainage courses shall not be blocked or impeded." 2. The vacation of the portion of the utility easement is subject to Assembly approval. 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. 4. The vacation of a portion of a twenty foot utility easement will not negatively affect the ability of utilities to provide service to the lots. The motion was seconded. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. P & Z Minutes: October 19, 1994 Page 20 of 25 The question was called and the motion CARRIED by unanimous roll call vote. L) Case S94-032. Request for preliminary approval of the subdivision of Lot 3B, Block 3, Bells Flats Alaska Subdivision, creating Lots 313-1, and 313-2, Block 3, Bells Flats Alaska Subdivision. 1042 Sargent Creek Road. BOB SCHOLZE indicated that 20 public hearing notices were mailed for this case and 1 was returned, expressing concern about traffic and safety hazzards with the proposed flag stem driveway. Staff recommended the plat be returned to the applicant for modification and possible reconfiguration to address concerns raised in the staff report. COMMISSIONER SZABO MOVED TO RETURN the submitted plat to the applicant for modification consistent with the requirements sited in the Summary Statement dated October 19, 1994, and to schedule the case for a public hearing, upon resubmittal. 1. Complete topographical information on the preliminary plat indicating the edge of the high cliff behind the shop on proposed Lot 313-1, and the area of Lot 313 in front of the house and garage where both an access and, most likely, a septic system will have to be located; 2. Locate on the preliminary plat the existing driveway, which currently serves both Lots 3A and 313; 3. Reconfigure the access proposed for proposed Lot 3-B2 to eliminate the line -of -sight and angle -of -road -intersection safety concerns expressed by both the Engineering/Facilities Department and the public hearing notice received back from a neighbor who regularly drives this road in snow and ice conditions. 4. Locate on the preliminary plat the recently installed septic system which serves Lot 3A. 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. M) Case S94-033. Request for preliminary approval of the subdivision of Lot 1, Lakeside Subdivision, 2nd Addition, creating Lots lA through 11), Lakeside Subdivision, 2nd Addition, and vacation of a platted ten (10) foot greenbelt located along the north west property line. 2521 Selief Lane. P & Z Minutes: October 19, 1994 Page 21 of 25 ? � 1 C( BOB SCHOLZE indicated that 12 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to three (3) conditions. COMMISSIONER KNAUF MOVED TO GRANT preliminary approval of the subdivision of Lot 1, Lakeside Subdivision, 2nd Addition, creating Lots lA through 1D, Lakeside Subdivision, 2nd Addition, and the vacation of a platted ten (10) foot wide greenbelt located along the north property line, subject to the conditions of approval contained in the summary statement dated October 19, 1994, and to adopt the findings contained in the staff report dated October 3, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Create a twenty (20) foot wide utility easement across proposed Lot 1C for the benefit of proposed Lot 11), providing access to the gravity sewer line along Von Scheele Way. 2. Provide written approval from the City Public Works Department that the area drain attached to the City sanitary sewer lines has been disconnected and sealed according to City standards, as requested by the City. 3. Move the shed and skid shack currently at the rear of Lot 1, and the small shed currently encroaching the Von Scheele Way right-of-way, on the property in compliance with the required twenty (20) side and rear yard setbacks, or provide fire wall protection to allow them to be on the rear or side lot lines. 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. P & Z Minutes: October 19, 1994 Page 22 of 25 The question was called and the motion CARRIED by unanimous roll call vote. N) Case S94-034. Request for preliminary approval of the vacation of City Tideland, Tracts 18, N-25, N-37, and N-38, creating City Tideland Tracts 18A, N-25A, N-37A, and N-38A. 800 Tagura Road. BOB SCHOLZE indicated 41 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to two (2) conditions. COMMISSIONER KNAUF MOVED TO GRANT preliminary approval of the vacation of City Tidelands, Tracts 18, N-25, N- 37, and N-38, creating City Tidelands Tracts 18A, N-25A, N- 37A, and N-38A, subject to the conditions of approval contained in the staff report dated October 3, 1994 and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Indicate the right-of-way width of Marine Way on the final plat. 2. Show the two electrical easements which exist, one each on proposed Tracts 18-A and N-25A. 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. VII. OLD BUSINESS There was no old business. P & Z Minutes: October 19, 1994 Page 23 of 25 i : 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. There were no further communications. X. REPORTS LINDA FREED brought to the attention of the Commission, that there was a meeting scheduled concerning the transit issue which they were encouraged to attend. It is scheduled on the same night as the packet review worksession, November 9, beginning at 7:00 p.m. She needed direction from the Commission as to the starting time for the packet review portion of the worksession. She also stated that, traditionally, the worksession normally scheduled for the evening before Thanksgiving, was cancelled, and asked what the Commission's intent was for the November 23 worksession. The Commission agreed to cancel the November 23 worksession, and to begin the packet review portion of the worksession on November 9 at 8:00 p.m. MS. FREED then read to the Commission, suggested findings of fact, for their consideration, for the approval of the recommended rezone of the Pearson Cove property. SUGGESTED FINDINGS OF FACT - Case 94-039. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of all the uplands and tidelands owned by the City of Kodiak, in the area commonly known as Pearson Cove, to NU- -Natural Use Land. 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. This rezone is needed and justified in order to allow for the future development of the area for a public park. While the property has been zoned industrial and conservation for many years, the adjacent residential neighborhood has opposed industrial use of this property for many years as well. The City of Kodiak has indicated a desire to accommodate the concerns of the neighborhood by pursuing development of a park in this area. The proposed rezone is compatible with the character of adjacent residential property to the north and east, and is strongly supported by a significant number of property owners in the area. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. P & Z Minutes: October 19, 1994 Page 24 of 25 � C) The 1968 Comprehensive Plan does not specifically identify a use for these City -owned lands. In fact, a designation is notable by its absence. In the Plan, the tideland property to the west of Pearson Cove is identified as light industrial, while the uplands to the north and east are identified for medium density residential development. While the subject uplands and tidelands are not designated in the 1968 Comprehensive Plan for public use or open space use, it should be noted that Pearson Cove is identified as a potential park site in the Kodiak Island Borough Parks and Recreation Plan. This rezone will allow for the development of the park contemplated in this plan, and is not inconsistent with the adopted 1968 Comprehensive Plan. COMMISSIONER KNAUF MOVED TO ADOPT the findings stated in the record, as findings of fact for Case 94-039. The question was called and the motion CARRIED by unanimous roll call vote. COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of reports as submitted. The motion was seconded and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS r — There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 11:50 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: p Eileen Probasco, Secretary Community Development Department DATE APPROVED: November 16, 1994 P & Z Minutes: October 19, 1994 Page 25 of 25 0