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1994-11-16 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 16, 1994 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Friend on Wednesday, November 16, 1994 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Bruce Barrett Ken Gordon Pat Szabo Darlene Turner Commissioners Absent: Tuck Bonney - Excused Jeff Knauf - Excused A quorum was established. APPROVAL OF AGENDA Others Present: Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following additions to the agenda: IX COMMUNICATIONS A) Letter dated October 24, 1994 to Tony Perez from Tom Bouillion, RE: Lot 13, Space 2, U.S. Survey 3098, Moving of mobile home. B) Letter dated October 24, 1994 to Walter Donat from Tom Bouillion, RE: Long term van storage on Lot 3, Block 5, Baranof Heights. C) Letter dated November 7, 1994 to Walter Donat from Tom Bouillion, RE: Extension of time allowed (until November 21, 1994) for removal of van on Lot 3, Block 5, Baranof Heights. D) Letter dated November 10, 1994 to Jesus and Ester Luna from Tom Bouillion, RE: Alleged boarding house use on Lot 16A-1, U.S. Survey 3098. E) Letter dated November 10, 1994 to Planning and Zoning Commission from Elizabeth Benson, Alaska Planning Association, RE: Planning Commission Training. COMMISSIONER SZABO MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: November 16, 1994 Page 1 of 10 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER BARRETT MOVED TO ACCEPT the minutes of the October 19, 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 Joe O'Donnoghue appeared before the Commission and requested an opportunity to discuss the proposed conditions of approval for his subdivision case, which was scheduled as an old business item. CHAIR FRIEND stated that, at the time the case was to be heard, they would allow for discussion of the conditions. Pat Holmes, appeared before the Commission and thanked them for their support of the rezone of the Pearson Cove area and the conditional use permit for Pearson Cove Park. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS There were no public hearings. VII. OLD BUSINESS 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, July 20, and September 21, 1994 regular meetings). BOB SCHOLZE reported that a memorandum from the Borough Resource Management Officer was provided for the Commission's review, which recommended postponement of this request pending further study of the proposed expansion of the adjacent Borough landfill. Staff recommended postponement of this request. COMMISSIONER GORDON MOVED TO postpone action on Case 94-024, 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, until further study is completed on the future expansion of the Borough landfill. The motion was seconded and CARRIED by unanimous roll call vote. B) Case 94-037. Findings of fact for the denial of a conditional use permit, in accordance with Section 17.67.050 of the Borough Code, requested for a logging camp, including mobile P & Z Minutes: November 16, 1994 Page 2 of 10 homes, office space, and equipment maintenance and repair facilities, to be located in the C--Conservation Zoning District. Lot 9, U.S. Survey 3474 (Postponed from the October 19, 1994 regular meeting). BOB SCHOLZE reported that findings of fact were provided for r— the Commission's consideration. Staff recommended the Commission adopt findings of fact in support of their denial of the request for the conditional use permit. COMMISSIONER SZABO MOVED TO adopt the findings in the staff memorandum dated October 21, 1994 as findings of fact for the denial of the conditional use permit requested in Case 94-037. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. This requested conditional use is not consistent with the description and intent of the C--Conservation Zoning District to maintain open space areas while providing for single-family residential and limited commercial land uses. As indicated by the responses of neighboring property owners to public hearing notices and the public testimony at the Commission meeting, �— granting a conditional use permit for a logging camp on this property has potential to compromise the value, spirit, character, and integrity of the surrounding area. While KIBC Section 17.13.040.5 allows for consideration of logging camps as a conditional use and KIBC Section 17.13.110.2 allows the Commission to consider granting a listed conditional use on a non -conforming lot of record, the original intent of considering log camps in the C--Conservation zoning district was for remote sites. Lot 9, U.S. Survey 3471 is on the road system and is located in a long-established residential area with a single-family residence on the adjacent lots. At 4.09 acres, the subject lot is nonconforming because it does not meet the minimum lot size of five (5) acres for this zoning district. The potential impacts related to density which could lead to increased noise, drainage, fuel spillage, traffic, and waste water/septic systems for the proposed land use are considered to be negative and disruptive to the existing low - density, rural residential character of the area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The procedure set out in Chapter 17.67 pertaining to conditional use permits is intended to allow consideration of the impact of the proposed conditional use on surrounding property, and to apply controls and safeguards to assure that the conditional use will be compatible with the surrounding area. No amount of controls and safeguards applied to a logging camp use on this particular non -conforming lot, P & Z Minutes: November 16, 1994 Page 3 of 10 F.,1 existing in an established low -density residential neighborhood, will ensure preservation of the neighborhood character from the potential impacts of this high -density development proposal. This is not consistent with the intent of conditional use permits which states that they apply to ..."land uses which are generally considered appropriate in certain zoning r- - districts..."(KIBC 17.67.010). Nor is it consistent with either the principal land use goal stated in the Chiniak Area Comprehensive Plan to "...retain the rural, large lot, residential character of the community..."(p. 52), or that Plan's development land use objective addressing logging operations to "...require adequate buffers from residential and public land use and public roadways."(p.55) 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The granting of this conditional use permit will potentially be harmful to the health, safety, convenience and comfort of neighbors since the density proposed is extremely high relative to the established single-family dwelling density on neighboring properties. Public health concerns center around adequacy of well and septic systems to support what is essentially a mobile home park in an area with no public utilities available. Safety concerns relate to a significant increase in traffic in the immediate area, including movement on and off the property of heavy equipment and trucks to be serviced in the proposed repair/maintenance shop. The convenience and comfort of a peaceful rural setting that current residents in the neighborhood enjoy would be compromised by unavoidable impacts such as noise, traffic, and loss of privacy which accompany the proposed development. 17.67.05 D. 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. Lot 9 does not appear large enough to support eleven mobile homes and a maintenance shop and, in addition, be able to provide buffering and other safeguards to sufficiently minimize sight and noise impacts associated with a logging camp. This fact is established by public hearing testimony from a former resident on an adjacent lot. When a mobile home park formerly existed on Lot 9 in the 1970's, the noise and traffic produced by the trailer park disrupted her peaceful and quiet rural lifestyle. The lack of adequate available buffering provided by natural foliage is demonstrated by public testimony indicating that the existing houses on either side of Lot 9 are visible to each other even without any additional site clearing on Lot 9 that must be done to accommodate the logging camp. The motion was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: November 16, 1994 Page 4 of 10 1 C) Case 94-040. Findings of fact for the grant of a conditional use permit, in accordance with Section 17.12.040 of the Borough Code, requested for a park and recreational support structures, to be located in Pearson Cove (Postponed from the October 19, 1994 regular meeting). BOB SCHOLZE reported that findings of fact were provided for the Commission's consideration. Staff recommended the Commission adopt findings in support of their approval of the conditional use permit. COMMISSIONER BARRETT MOVED TO adopt findings of fact contained in the staff report dated November 10, 1994 in support of the grant of a request for a conditional use permit, in accordance with Section 17.67.050 of the Borough Code, to permit a park and recreational support structures to be located on City owned property in Pearson Cove. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The recent rezone of this property to NU -Natural Use Land was accomplished in order to allow for the future development of the area for a public park. The City of Kodiak owns this property and has indicated a desire to accommodate the concerns of neighbors living in the surrounding residential areas by pursuing development of a park. This park use is compatible with the character of the adjacent residential property to the north and east, and has been strongly supported at numerous public meetings by a significant number of property owners in the area. Since Pearson Cove is identified as a potential park site in the Kodiak Island Borough Comprehensive Parks and Recreation Plan, park development in the area is consistent with an adopted plan. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The NU -Natural Use Zoning District is established for the purpose of protecting the natural environment, including habitat and water quality and quantity. Based on the site plan and other supporting documentation, it appears that the conditional use will fulfill all other requirements of Chapter 17.12 (NU -Natural Use Land Zoning District) of the Borough Code. It is also consistent with the intent of KIBC 17.67.010 (Conditional Use Permits) recognizing "...that there are land uses which are generally considered appropriate in certain zoning districts..." 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. P & Z Minutes: November 16, 1994 Page 5 of 10 �-% The granting of the CUP for public park development in this area will not be harmful to the public health, safety, convenience or comfort. On the contrary, as indicated by public testimony of residents and property owners in the neighborhood, it will enhance public health, safety, convenience and comfort by providing a safe and tranquil place in the urban landscape for children to play, neighbors to recreate, students to partake of field trips, and the public in general to reflect on and enjoy the natural beauty of the marine environment. 17.67.05 D. 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 site plan accompanying this request proposes no structural development in the designated park area, only landscape amenities, picnic tables and benches. Therefore, the park itself can be viewed as a buffer area between the industrial zoned properties in and along the cove and residential zoned properties on the uplands, enhancing the compatibility of each of these long-established zoning districts and related uses. 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. The Pearson Cove area is designated as a potential park site by the Kodiak Island Borough Comprehensive Parks and Recreation Plan and has been used over the years for school field trips and the public's enjoyment of the marine environment. The development of City -owned uplands and tidelands in the area as a park, with picnic tables, benches, trails and landscaping, is not only consistent with the Comprehensive Parks Plan, the area's historical use, and the unanimous wish of neighbors, but will also maximize public benefits by promoting health and recreation opportunities. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 594-024. 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, September 21, and October 19, 1994 regular meetings). BOB SCHOLZE reported that the agent had submitted a request to postpone this request until the December meeting. The agent had stated that the applicant was still working on obtaining engineering information required by the Commission, and anticipated it would be available in time for the December meeting. Staff recommended postponement of the request until the required information was presented. The motion on the floor is: P & Z Minutes: November 16, 1994 Page 6 of 10 1.27 MOVE TO GRANT preliminary approval to the subdivision of Lot 21A, Block 7, Monashka Bay Subdivision, creating Lots 21A-1 and 21A-2, Block 7, Monashka Bay Subdivision, subject to the conditions in the Summary Statement dated September 14, 1994 and to adopt the findings in the staff report dated August 8, 1994, as "Findings of Fact" in support of this decision. CONDITIONS OF APPROVAL 1. Provide a driveway plan for proposed Lot 21A-2 from Lakeview Drive, prepared by a registered engineer or surveyor that documents that a driveway meeting Borough code can be constructed for this lot. This condition is necessary to meet KIBC 16.40.050.13.4 and B.5. 2. Provide a utility service plan for Lots 21A-1 and 21A-2, prepared by a registered engineer, that meets the requirements of KIBC 16.40.050.13.6 and 13.01.055 and all applicable ADEC requirements. 3. Install new water and sewer services to proposed Lot 21A-2, as per KIBC 16.70.020.A.2 & 3 prior to recording the final plat. 4. Provide items #1 and #2 above, and any necessary plat revisions, to the Planning and Zoning Commission, as part of final plat review and approval. The Commission discussed the past postponements of the request. COMMISSIONER SZABO felt that access to Lot 21A-2 from Lakeview Drive would be problematic. COMMISSIONER BARRETT felt that the Commission had been more than reasonable in allowing extensions of time but still had not been provided the dicumentation requested about sewer line adequacy. He was not inclined to approve another extension. CHAIR FRIEND was understanding of the delays in obtaining the information. He did not have a problem with postponement for one more month. BOB SCHOLZE pointed out that the photos of the grinder pump with sewage overflow, which the Commission viewed at the packet review worksession, were taken at a time when the property owner had removed the cover to check out some electrical problems, and that the pictures did not have any relationship to the information requested by the Commission. COMMISSIONER TURNER MOVED TO POSTPONE action on Case S94-024 until the December 1994 regular meeting and to schedule it as an old business item at that time. The motion was seconded and FAILED by a roll call vote of 3- 2. COMMISSIONERS BARRETT and SZABO voted no. P & Z Minutes: November 16, 1994 Page 7 of 10 The question was called and the MAIN MOTION FAILED by unanimous roll call vote. Findings of fact were postponed until the December, 1994 regular meeting. E) Case S94-032. Request for preliminary approval of the subdivision of Lot 313, Block 3, Bells Flats Alaska Subdivision, creating Lots 313-1, and 313-2, Block 3, Bells Flats Alaska Subdivision. 1042 Sargent Creek Road (Postponed from the October 19, 1994 regular meeting). BOB SCHOLZE reported that staff recommended approval of this request subject to 4 conditions. COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the subdivision of Lot 313, Block 3, Bells Flats Alaska Subdivision, creating Lots 313-1 and 313-2, Block 3, Bells Flats Alaska Subdivision, subject to the conditions of approval contained in the staff report dated November 5, 1994 and to adopt the findings contained in the staff report dated November 5, 1994 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Provide access to the existing house via a driveway constructed to the standards of KIBC 15.26 in the flagstem on proposed Lot 313-2 prior to final plat approval. The design should ensure that the driveway intersects Sargent Creek Road at a perpendicular angle to provide optimum line -of -sight. 2. Relocate the existing underground electrical line servicing the house to the flagstem on proposed Lot 313-2 prior to final plat approval. 3. Relocate the existing septic drainfield for the house, presently on proposed Lot 313-1, to proposed Lot 313-2 prior to final plat approval. 4. Obtain a certificate of occupancy for the conversion of the existing shop on proposed Lot 313-1 to a single-family residence, or remove it from the property to a legal location, 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. P & Z Minutes: November 16, 1994 Page 8 of 10 �,;,� The motion was seconded. At COMMISSIONER BARRETT'S request, BOB SCHOLZE offered an explanation of the intent of the proposed conditions of approval. At the request of the Commission, Joe O'Donnoghue appeared to answer questions and to offer his suggestions to address the Commission's concerns. Mr. O'Donnoghue stated that he had been out of town and was unaware of their concerns. He responded that a permanent easement for the present driveway to Lot 313-2 across Lot 3B-1, and a permanent electrical easement for the existing underground service on Lot 313-1, would both be agreeable to him. He felt that conditions number 3 and 4 were appropriate. The Commission felt that including these permanent easements would satisfy their concerns in conditions number one and two. They also felt that the flag stem was still necessary, to ensure that Lot 3B-2 would front on a public right-of-way. COMMISSIONER SZABO MOVED TO AMEND conditions number one and two to read as follows: 1. Provide access to the existing house on Lot 3B-2, via a 15 foot wide permanent driveway easement following the course of the existing driveway crossing Lot 313-1, prior to final plat approval. 2. Provide a permanent 15 foot wide utility easement across Lot 3B-1 for the underground electrical line servicing the existing house on Lot 3B-2, prior to final plat approval. The MOTION TO AMEND 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. There was no further old business. VIII. NEW BUSINESS A) Case 94-042. 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 northeast 1/4 (approximately 17.6 acres) of ADL 36049 (Tract A of BLM Tract D) to the Kodiak Island Sportsmans Association 8625 Monashka Bay Road. BOB SCHOLZE reported that a memorandum from the Borough Resource Management Officer was provided for the Commission's review, which recommended postponement of this request pending further study of the proposed expansion of the adjacent Borough landfill. Staff recommended postponement of this request. P & Z Minutes: November 16, 1994 Page 9 of 10 „3U COMMISSIONER BARRETT MOVED TO POSTPONE action on Case 94-042, 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 northeast 1/4 (approximately 17.6 acres) of ADL 36049 (Tract A of BLM Tract D) to the Kodiak Island Sportsmans Association, until further study is r— completed on the future expansion of the Borough landfill. The motion was seconded and CARRIED by unanimous roll call vote. IX. COMMUNICATIONS COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT 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 XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:25 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: /Je n , Chair ATTEST By: Gz[e�--V r Eileen Probasco, Secretary Community Development Department DATE APPROVED: December 21, 1994 P & Z Minutes: November 16, 1994 Page 10 of 10 o i