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1995-05-17 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 17, 1995 MINUTES I. 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 May 17, 1995 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Jerrol Friend, Chair Linda Freed, Director Donna Bell Community Development Dept. Ken Gordon Bob Scholze, Associate Planner Jeff Knauf Community Development Dept. Darlene Turner Eileen Probasco, Secretary Community Development Dept. Commissioners Absent: Pat Szabo - Excused One position vacant A quorum was established. III. APPROVAL OF AGENDA Staff reported no additions to the agenda. COMMISSIONER KNAUF MOVED TO ACCEPT the agenda. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KNAUF MOVED TO ACCEPT the minutes of the April 19, 1995 Planning and Zoning Commission regular meeting as P & Z Minutes: May 17, 1995 Page 1 of 11 �- 5 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 95-007. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite, from R- 1--Single-Family Residential, to RNC--Rural Neighborhood Commercial. BOB SCHOLZE indicated 21 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended this rezone request be forwarded to the Borough Assembly with a recommendation of approval. COMMISSIONER KNAUF MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite, from RI -- Single-family Residential, to RNC--Rural Neighborhood Commercial, and to adopt the findings of fact in the staff report dated May 1, 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. A rezone from R 1 --Single-family Residential to RNC--Rural Neighborhood Commercial is needed and justified because the rezone will: A. Allow for mixed land use development including public and institutional that is supported by the adopted 1986 Akhiok Comprehensive Plan, but not permitted in the existing zoning district; P & Z Minutes: May 17, 1995 Page 2 of 11 S i B. Rezone a property that is suitable and appropriate for the public/institutional use proposed for this site and consistent, not only with the Akhiok Comprehensive Plan, but also with the historical use of the property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change in the zoning of Lot 1, Block 4, USS 4926 from R1-- Single-family Residential to the RNC--Rural Neighborhood Commercial zoning district is consistent with the intent and objectives of the 1986 Akhiok Comprehensive Plan. This plan specifically promotes mixed use development, including commercial and public/institutional, for the central core area of the community where this property is located. This rezone will allow for development of a community building in an area identified as appropriate in the 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. B) Case S95-008 Request for preliminary approval of the vacation of a ten (10) foot portion of a twenty (20) foot wide road construction easement on Lot 3, Block 1, Mt. View Subdivision, 1st Addition. 1563 Three Sisters Way. 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 one condition. P & Z Minutes: May 17, 1995 Page 3 of 11 SS COMMISSIONER GORDON MOVED TO GRANT preliminary approval of the vacation of a ten (10) foot portion (as indicated on the preliminary plat dated April 19, 1995) of a twenty (20) foot wide road construction easement located on Lot 3, Block 1, Mt. View Subdivision 1st Addition, subject to the condition of approval contained in the staff report dated May 5, 1995 and to adopt the findings contained in that staff report as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. The vacation must be reviewed and approved by the Kodiak Island Borough Assembly, per Section 16.60.060 (Additional Approval Required) of the Borough Code, prior to final approval of the plat. 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. C) Case S95-009 - This case was rescheduled to the June, 1995 regular meeting. P & Z Minutes: May 17, 1995 Page 4 of 11 S6 D) Case S95-010. Request for preliminary approval of the vacation and replat of various electrical easements on Lots 4, 7A, and 713, U.S. Survey 2538A. 610, 710 and 812 Mill Bay Road. BOB SCHOLZE indicated 99 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. At the request of the applicant, staff recommended postponement of this request until all parties affected by this project have had the opportunity to review and comment on the request, and to schedule it as an Old Business item at the next available Commission regular meeting. COMMISSIONER BELL MOVED TO GRANT preliminary approval of the vacation and replat of various electrical easements on Lots 4, 7A, and 7B, U.S. Survey 2538A. The motion was seconded. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BELL MOVED TO POSTPONE action on Case S95-010 until the applicant indicates that all parties affected by this project have had the opportunity to review and comment on the request, and to schedule it as an Old Business item at the next available Planning and Zoning Commission regular meeting. The question was called and the motion CARRIED by unanimous roll call vote. E) Case 95-005. Planning and Zoning Commission review in accordance with Section 18.10.030 (Review) of the Borough Code, of fifty-four (54) 1991 and 1992 tax foreclosed properties. Generally located in the vicinity of Uyak Bay, Whale Island, and Hidden Basin. P & Z Minutes: May 17, 1995 Page 5 of 11 S r BOB SCHOLZE indicated no individual public hearing notices were mailed for this case, but that the regular Commission agenda, as well as a special ad announcing the public hearing, were published earlier in the week in the local newspaper. Staff recommended the Commission make a recommendation to the Assembly on the parcels they feel need to be retained for public use. COMMISSIONER TURNER MOVED TO RECOMMEND that the KIB Assembly retain the following tax foreclosed properties for public use: (none were listed at the time of the motion.) The motion was seconded. Regular Session Closed. Public Hearing Opened: Mike Munsey, property owner in Amook Bay, appeared before the Commission and stated that he felt the remote parcels should not be released for public purchase, but retained in native ownership. COMMISSIONER KNAUF asked BUD CASSIDY, KIB Resource Management Officer, to come to the podium and comment on the request, and so he could ask some questions. Mr. Cassidy responded to COMMISSIONER KNAUF'S questions about the tax -foreclosure process. Jay Bellinger, Manager of the Kodiak National Wildlife Refuge, appeared before the Commission to answer questions on the U.S. Fish & Wildlife Service's position on the parcels, specifically, USFWS's right of first refusal upon property transfer. Brent Cathey, property owner in Uyak Bay, appeared before the Commission and agreed with Mr. Munsey, that the remote parcels should not be released for public purchase. Public Hearing Closed. Regular Session Opened. P & Z Minutes: May 17, 1995 Page 6 of 11 COMMISSIONER KNAUF stated that he had visited Larsen Bay recently to view some of the tax foreclosed properties and had talked with several of the property owners. He felt very strongly that the property owners wanted to retain their parcels and were trying to pay their taxes, but were unfamiliar with the tax payment and foreclosure procedures. COMMISSIONER KNAUF was of the opinion that the Borough should make more of an effort to educate the property owners about tax payment and foreclosure procedures, and should work more closely with them to allow them to pay their taxes and retain their property. At the request of the Commission, Bud Cassidy appeared again to answer questions about the time frame between acquisition and disposal of tax foreclosed properties. COMMISSIONER KNAUF asked for direction from staff on how to make an appropriate motion to achieve his intended goal of working with the owners of remote parcels to allow them additional time to pay their taxes until the Borough could educate them on tax foreclosure procedures. Linda Freed suggested a motion to substitute. COMMISSIONER KNAUF MOVED TO AMEND the current motion by SUBSTITUTING it with the following recommendation: The Planning and Zoning Commission has reviewed the 1991 and 1992 tax foreclosed properties. Due to the circumstances surrounding these properties, the Commission is not prepared to make a recommendation regarding the remote properties, as to whether any or all of the land should be devoted to public use, reserved for future use to meet projected Borough requirements, or made available for sale or lease or other disposition in conformance with the Borough comprehensive land use plan. The MOTION TO AMEND BY SUBSTITUTION was seconded and CARRIED by unanimous roll call vote. The question was called and the SUBSTITUTED MOTION CARRIED by unanimous roll call vote. P & Z Minutes: May 17, 1995 Page 7 of 11 Z" 1 COMMISSIONER KNAUF MOVED TO RECOMMEND that, since the Commission is concerned that remote land owners may not understand the tax assessment, tax payment, and tax foreclosure process; the Commission recommends that prior to an Assembly decision on the disposition of these remote properties, the Borough engage in a pro -active tax education program. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER TURNER MOVED TO RECOMMEND that the KIB Assembly retain the following tax foreclosed properties for public use: Parcel 92-6, on Devil's Prong Lot 11, Block 4, Mt. View Subd. 2nd Addition Parcel 91-28, on Bay View Drive Lot 12A, Block 1, Bayview Subd. Parcel 92-11, on Sargent Creek Drive Lot 4C, Block 3, Bells Flats Alaska Subd. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER TURNER MOVED TO ADOPT the following finding of fact in support of this decision: FINDING OF FACT The lots on Devil's Prong and Bay View Drive do not appear to be suitable for public purposes due to size, location and topography. In addition, there are other public -owned lands located nearby. The lot on Sargent Creek Drive appears to be most suitable for residential use. The motion was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: May 17, 1995 Page 8 of 11 6 F) Case 95-008. Planning and Zoning Commission review and approval of the proposed site plan for the development of a park/ballfield complex on proposed Lot 2A, Lakeside Subdivision, 2nd Addition. BOB SCHOLZE indicated 34 public hearing notices were mailed for this case and none were returned. Staff recommended approval of the proposed site plan. COMMISSIONER TURNER MOVED TO APPROVE the site plan for the proposed development of a park/ballfield complex to be located in the PL--Public Use Land zoning district on proposed Lot 2A, Lakeside Subdivision, 2nd Addition. The motion was seconded. Regular Session Closed. Public Hearing Opened: Anita Sholl, representing Kodiak Little League, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S91-013. Request for an extension (until December, 1997) of preliminary approval of the subdivision of Lots 1 and 5, Block 2, and Lots 1 and 2, Block 4, Kadiak Alaska Subdivision, 1st Addition. 3084, 3181, 3218, & 3319 Sharatin Road. COMMISSIONER GORDON MOVED TO APPROVE an extension until December 31, 1997 of the preliminary approval of the subdivision of Lots 1 and 5, Block 2, and Lots 1 and 2, Block 4, Kadiak Alaska Subdivision, 1st Addition and to confirm the seven (7) conditions of approval referenced in the original motion for preliminary approval. P & Z Minutes: May 17, 1995 Page 9 of 11 The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. 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 April 20, 1995 to Louis Gatson from Tom Bouillion RE: Illegal occupation of 2nd dwelling unit on Lot 33, Block 6, Aleutian Homes Subdivision. B) Horseshoe Lake Community Association Newsletter dated April 21, 1995. C) Memorandum dated April 18, 1995 to Tugidak Island Critical Habitat Area Planning Team, from Debra Clausen, Special Areas Coordinator, Habitat Division, ADF&G, RE: Planning Team Meeting on May 25, 1995. D) Letter received April 26, 1995 to Senator Fred Zharoff and Representative Alan Austerman from Mrs. Lila R. Schwantes, RE: Condition of Anton Larsen Bay Road. E) Letter dated May 5, 1995 to Wade Wahrenbrock, from Linda Freed, RE: Leisnoi's Logging Access Road Construction on U.S. Survey 5704, Chiniak. There were no further communications. X. REPORTS LINDA FREED reported that the State of Alaska, Governor's Office had approved funding for construction of Island Lake Creek Trail, and some upgrades at Mill Bay Park, facilities for the end of the road at Monashka Bay, and for North End Park, on Near Island. The P & Z Minutes: May 17, 1995 Page 10 of 11 funding source was the "Marine Recreation Project" resulting from the State's criminal settlement for the Exxon Valdez Oil Spill. She also reported that staff was compiling the comprehensive plans for the different areas on the road system, and assembling binders containing those plans, for the Commission to begin their review of them at the worksession on May 31. Finally, she reported that the Alaska Aerospace Development Corporation had completed their Environmental Assessment for the development at Narrow cape, and were reviewing it for additional requirements. They might possibly submit an application for a CUP for the July meeting. COMMISSIONER KNAUF MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:25 p.m. KODIAK ISLAND BOROUGH PLANNING AND ON t OM ION By: Jerrol Friend, Chair ATTEST By:pn- Eileen Probasco, Secretary Community Development Department DATE APPROVED: June 21, 1995 P & Z Minutes: May 17, 1995 Page 11 of 11