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1995-04-19 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 19, 1995 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 April 1R 1995 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jenrol Friend, Chair Ken Gordon Jeff Knauf Pat Szabo Commissioners Absent: Donna Bell - Excused Darlene Turner - Excused One position vacant. 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: E) Certified letter dated April 18, 1995 to Yeshi Benyamin, from Tom Bouillion, RE: Illegal Boarding House on Space 10 (Cove Trailer Park), Lot 1, Block 6, U.S. Survey 3066 AB. P & Z Minutes: April 19, 1995 Page 1 of 10 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 KNAUF MOVED TO ACCEPT the minutes of the March 15, 1995 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 or appearance requests. VI. PUBLIC HEARINGS A) Case 94-011. Planning and Zoning Commission review of a detailed site plan for a conditionally permitted 15-unit elderly/disabled apartment building. Lot 6A, U.S. Survey 2538A. BOB SCHOLZE indicated 61 public hearing notices were mailed for this case and 1 was returned, opposing this development. Staff recommended approval of this site plan. COMMISSIONER SZABO asked for clarification of the question before them. Staff noted that approval for this project had been granted previously. The current request only consisted of site plan review. COMMISSIONER KNAUF MOVED TO APPROVE the detailed site plan, (Schematic Design Submittal) dated April 4, 1995, for the conditionally permitted 15-unit elderly/disabled apartment building to be located on Lot 6A, U.S. Survey 2538A, and to adopt the finding in the summary statement dated April 19, 1995, as findings of fact for this case. FINDINGS OF FACT 1. The detailed site plan submitted meets the requirements of KIBC 17.67.030 (Conditional Use Permits), 17.33 (PL- P & Z Minutes: AOrd 19. 1995 Page 2 of 10 I Public Use Lands District), and 17.57 (Off -Street Parking and Loading) of the Borough Code. The motion was seconded. Regular Session Closed. Public Hearing Opened: Bob Brodie appeared before the Commission and expressed opposition to the initial approval of the conditional use permit, and his desire to see aesthetically pleasing landscaping developed as a buffer along Mill Bay Road. Steven Burnside appeared before the Commisison and stated that he shared Mr. Brodie's opposition to the initial approval of the CUP. His specific concerns about the site plan were: 1. the barbed wire or chain link fence that he saw on the plan - he felt a fence of either of these types would not be compatible with the neighborhood; 2. the lack of a screening plan; 3. his desire to see parking in the rear of the building, rather than in the front; Karen King. Executive Director of the Kodiak Island Housing Authority, agent for this request, appeared before the Commission to answer some of the questions and concerns expressed by previous testimony. She stated that the indication of a fence referenced by Mr. Burnside, was shown on the current as -built survey, and that no fence was proposed on the site plan. Nancy Frost appeared before the Commission and expressed her desire to see some sort of greenbelt or screening between Mill Bay Road and the proposed building. Public Hearing Closed. Regular Session Opened. The Commission discussed the neighborhood concerns and agreed that adequate screening and/or landscaping should be P & Z Minutes: April 19, 1995 Page 3 of 10 provided. They decided that it would be appropriate for the neighbors to have some input and to even participate in development of the landscaping plan. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION by adding a condition of approval, as follows: 1. A site specific landscaping plan must be submitted to the Planning and Zoning Commission as a public hearing item, for review and approval, prior to the issuance of the certificate of occupancy for the proposed structure. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. B) Case 95-006. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of Lots 2 & 3, Lakeside Subdivision, 2nd Addition, from I -- Industrial and RR-1--Rural Residential One IQ PL--Public Use Lands. 2647 and 2716 Selief Lane. BOB SCHOLZE indicated 33 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended this rezone request be forwarded to the Borough Assembly with a recommendation of approval. COMMISSIONER GORDON MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 2 & 3, (proposed for replat to Lot 2A) Lakeside Subdivision, 2nd Addition, from 1--Industrial and RR1--Rural Residential One >Q PL--Public Use Land, and to adopt the findings of fact in the staff report dated April 12, 1995, in support of this recommendation: FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. P & Z Minutes: April 19, 1995 Page 4 of 10 A rezone from I --Industrial and RR1--Rural Residential One to PL--Public Use Land is needed and justified because the zoning district permits development that: A. provides for designation and development of this area as a park consistent with preservation of open space and use of the site for ballfields, an identified community need; B. is compatible with the methodology being utilized to close out the metals dry dump and site reclamation which would preclude structural development associated with most industrial and commercial uses; C. is a logical and consistent extension of existing PL-- Public Use Land to the southwest of Island Lake where Scout Circle provides ready access to Island Lake Park; 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from I --Industrial and RR1--Rural Residential One to the PL--Public Use Land zoning district will have the effect of changing the focus of the Comprehensive Plan from industrial and commercial to public use and open space. But this change will not be necessarily inconsistent with the zoning history of the area which in the 1968 Comprehensive Plan was identified as public and semi-public and in 1976 was identified as being a service/recreational overlay zone. This change in zoning is also consistent with the stated intent of the Lakeside/Safeway Subarea Plan to provide open space for use and enjoyment of the public. As park and open space, this will also more effectively separate the potentially conflicting land uses between the existing, privately owned I --Industrial zoned properties near the Selief-VonScheele intersection and medium density residential development in Shahafka Acres. The motion was seconded. Regular Session Closed. Public Hearing Opened: P & Z Minutes: April 19, 1995 Page 5 of 10 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 S95-004. Request for preliminary approval of the subdivision of Lot 5, Block 1, Port Wakefield Subdivision, creating Lots 5A and 5B, Block 1, Port Wakefield,Subdivision. Generally located on Kizhuyak Drive, in Port Lions (Postponed from the February 15, and March 15, 1995 regular meetings). BOB SCHOLZE indicated that 8 public hearing notices were mailed for this case this month, and 2 were returned, also submitted was a petition signed by 11 neighboring property owners, all opposing this request. Based on the opposition expressed by the City of Port Lions, as owner and operator of the municipal sewer system in Port Wakefield, staff recommended denial of this request. COMMISSIONER SZABO MOVED TO APPROVE the request for preliminary approval of the subdivision of Lot 5, Block 1, Port Wakefield Subdivision, creating Lots 5A and 513, Block 1, Port Wakefield Subdivision. 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 FAILED by unanimous roll call vote. P & Z Minutes: April 19, 1995 Page 6 of 10 COMMISSIONER SZABO MOVED TO ADOPT the findings in the staff report dated April 12, 1995 as findings of fact for the denial of Case S95-004. FINDINGS OF FACT 1. As evidenced by concerns expressed in Resolution #95- 01-R, adopted by the Port Lions City Council on February 8, 1995 and reinforced in letters to staff from the City of Port Lions dated March 8, 1995 and April 12, 1995, this plat does not meet the minimum standards of proper plat preparation required in Title 16 of the Borough Code. KIBC 16.40.050.B.6 requires that lots proposed for subdivision meet the utility installation requirements of Title 13 Utilities. The City of Port Lions, as owner and operator of the sewer system in Port Wakefield, opposes the subdivision because it does not address their concerns about connecting into the public sewer system. 2. The City of Port Lions has also expressed opposition to the subdivision as not complying with the Real Estate Purchase Agreement requiring a lot development plan addressing traffic, off-street parking and driveway installation issues as specified by Resolution #82-12 ("City Land Sale"). 3. Opposition has been expressed by petition and in writing from fourteen (14) local residents and neighboring property owners who feel that the neighborhood character would be negatively impacted for a variety of reasons by the higher density resulting from the subdivision. The MOTION was seconded and CARRIED by unanimous roll call vote. D) Case S95-007. Request for preliminary approval of the vacation of Lots 6 and 7, Brookers Lagoon Subdivision, and replat to Lots 6A and 7A, Brookers Lagoon Subdivision. 37632 Chiniak Highway. BOB SCHOLZE indicated 22 public hearing notices were mailed for this case and 1 was returned, in favor of this P & Z Minutes: April 19, 1995 Page 7 of 10 request. Staff recommended approval of this request, subject to conditions. COMMISSIONER KNAUF MOVED TO GRANT preliminary approval of the vacation of Lots 6 and 7, Brookers Lagoon Subdivision, and replat to Lots 6A and 7A, Brookers Lagoon Subdivision, subject to the condition of approval contained in the staff report dated April 3, 1995 and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Designate a five (5) foot wide utility easement along the rear, curved lot line of proposed Lot 7A (approximately 132 feet in length). 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: April 19, 1995 Page 8 of 10 VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER GORDON MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated March 17, 1995 to Fred L. Nass from Tom Bouillion, RE: Home occupation on Lots 15 & 16, Block, Leite Addition (1425 Yanovsky Street) B) Letter dated March 30, 1995 to Pete Devaris, Wilderness Air (and other air taxi services) from Bob Scholze, RE: Conditional use permit for Trident Basin Floatplane facility, and site plan review requirements for structures. C) March 14, 1995 KIB Parks and Recreation Committee meeting minutes. D) Public Hearing Notice, issued by Bud Cassidy, Resource Management Oficer, for Tuesday, April 18, 1995, to receive input on the future of Borough lands located behind Selief Lane, Beaver Lake, and Dark Lake. E) Certified letter dated April 18, 1995 to Yeshi Benyamin, from Tom Bouillion, RE: Illegal Boarding House on Space 10 (Cove Trailer Park), Lot 1, Block 6, U.S. Survey 3066 AB. There were no further communications. X. REPORTS Due to limited staff and lack of agenda items, the Commission cancelled their worksessions scheduled for April 26, and May 3, 1995. XI. AUDIENCE COMMENTS There were no audience comments. P & Z Minutes: April 19, 1995 Page 9 of 10 XII. COMMISSIONERS' COMMENTS COMMISSIONER KNAUF agreed with the residents on Mill Bay Road, that the CUP for the housing project should not have been granted. Although he understood that certain federal procedures conflicted with local procedures, he felt that a CUP should not be granted before a detailed site plan was available, in order to assure local residents that the integrity of their neighborhood would be protected. He felt like things were not done in the proper order and apologized for having voted in favor of the CUP before having a detailed site plan available for review. XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:45 p.m. KODIAK ISLAND BOROUGH PLANNING AND ONI MM N (:J�p By: Jerrol Friend, Chair ATTEST By: iae-e' V Eileen Probasco, Secretary Community Development Department DATE APPROVED: May 17, 1995 P & Z Minutes: April 19, 1995 Page 10 of 10