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1995-09-20 Regular MeetingI. W V KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 20, 1995 N41NLT ES The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Friend on September 20, 1995 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Others Present: Jerrol Friend, Chair Linda Freed, Director Jeff Knauf Community Development Dept. Clarence Selig Bob Scholze, Associate Planner Pat Szabo Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Commissioners Absent: Donna Bell Darlene Turner A quorum was established. APPROVAL OF AGENDA Staff reported no additions to the agenda. COMMISSIONER SZABO MOVED TO ACCEPT the agenda as presented. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the August 23, 1995 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS P & Z Minutes: September 20, 1995 Page 1 of 10 There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 95-016. Planning & Zoning Commission finding, in accordance with Section 17.36.050 C of the Borough Code, that an exchange of buildings by a non- conforming youth service organization (Hangar 18, formerly part of KCA) and a non -conforming pre-school (Head Start), is equally or more appropriate than their current building use, on a portion of U.S. Survey 2538B. 417 & 419 Hillside Drive. BOB SCHOLZE indicated 26 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. COMMISSIONER KNAUF MOVED TO FIND, in accordance with Section 17.36.050 C of the Borough Code, that an exchange of buildings by a non- conforming youth service organization (Hangar 18, formerly part of KCA) and a non -conforming pre-school (Head Start), on a portion of U.S. Survey 2538B, is equally or more appropriate than their current building use, and to adopt the findings in the staff memorandum dated August 28, 1995 as `Findings of fact' in support of this decision. FINDINGS OF FACT 1. The switch of the two existing nonconforming uses, non -profits providing public service, each to the other structure, will not result in additional traffic or parking or in any perceived negative off -site impacts to surrounding properties. 2. The switch will allow each of the non -profits to better accomplish their specific public service function by making available to Kodiak Headstart needed additional square footage that can be partitioned and existing handicap accessibility and making available to Hangar 18 a larger common room. The motion was seconded. Regular Session Closed, Public Hearing Opened: Seeing and hearing none. P & Z Minutes: September 20, 1995 Page 2 of 10 Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. B) Case 95-017. Request for a conditional use permit, in accordance with Section 17.13.040 5 of the Borough Code, to permit a logging camp and support facilities consisting of a shop, office, and no more than 2-3 mobile homes, and 7-8 RV trailers, to be located on a portion of U.S Survey 5704, near Miller Field, for a period of approximately 3 years. BOB SCHOLZE indicated 12 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to conditions in the revised staff memorandum. COMMISSIONER SZABO 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 and support facilities consisting of a forty by sixty foot (40' x 60') shop and ten (10) spaces to accommodate either mobile homes or recreational vehicles, including office space, located in the C-Conservation zoning district on a portion of U.S. Survey 5704, near Miller Field, for a period of three years (until September 30, 1998), subject to the conditions of approval contained in the staff report dated September 14, 1995; and to adopt the findings contained in the staff report dated September 14, 1995 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This conditional use permit will expire in three (3) years (on September 30, 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 (i.e., Pruhs/Thomas Forestry). 3. Occupancy of any mobile homes and recreational vehicles placed on the property in reliance on this conditional use permit is limited to employees or principals of the Pruhs/Thomas Forestry logging company and their families. P & Z Minutes: September 20, 1995 Page 3 of 10 i 4. Engineered plans approved by ADEC for the proposed water and septic systems 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 or recreational vehicles to be placed on the site. 5. A plan for storage of fuel and oil must approved by ADEC and submitted to the Community Development Department. 6. 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 sixty (60) days with the exception of what might be otherwise permitted outright in the C--Conservation zoning district. 7. Provide a metes and bounds survey description of the logging camp area to which the CUP applies. 8. Submit a Solid Waste Management Plan to the Borough Engineering/Facilities Department for approval. � �C�Y.Y�)a10/•C�lll 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 preservation of drainage; retention of natural vegetation; access; adequacy of water and sewer; and other potential negative off -site impacts; and placement of recreational vehicles and mobile homes for the logging camp in conformance with the Chapters 17.26 and 17.53 of Borough code. The unique characteristics of this logging camp, specific to this particular operation in this location under these circumstances, allows for an evaluation as a use mixing mobile homes and recreational vehicles. In applying specific development standards and safety criteria of both Chapters 17.26 and 17.53 as appropriate to individual space occupancy, the Commission is seeking to preserve the spirit and character of the area as well as the health and safety of occupants. This analysis applies only to P & Z Minutes: September 20, 1995 Page 4 of 10 this logging camp as permitted conditionally in the C-Conservation zoning district and is not intended to have general application to other mobile home parks and recreational vehicle parks. Since the conditional use permit expires in three 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. 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 sewer and water installation requirements and other applicable zoning and building permit requirements related to occupation of mobile homes as residences and placement of recreational vehicles in RV parks are complied with, 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 shop, equipment maintenance and storage uses on one site. Presumably, those involved with maintenance and 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. P & Z Minutes: September 20, 1995 Page 5 of 10 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. The nearest residence is more than a half mile away from this site. By virtue of its location well away from any residential district, set within a large tract of land with no uses of any kind in the immediate vicinity except the logging activity it will support, this site has naturally existing setbacks and buffer safeguards. Application of mobile home and recreation vehicle park regulations dealing with sanitation, solid waste management, and waste disposal, as well as minimum separation, space coverage, parking and access, as conditions of approval are intended to ensure occupant safety. 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 S94-020. Request for preliminary approval of the subdivision of Lot 6A, Brookers Lagoon, creating Lots 6A-1 through 6A-7, Brookers Lagoon. (Postponed and revised from the January, 1995 and other previous regular meetings). BOB SCHOLZE indicated 22 public hearing notices were mailed for this case and 4 were returned, 3 objecting or expressing concern and 1 stating non -objection to this request. Consistent with a request from the applicant, staff recommended postponement of this request until the October, 1995 regular meeting. COMMISSIONER SELIG MOVED TO POSTPONE action on Case 594-020 until the October, 1995 regular meeting, and to schedule it as a public hearing item. L— The motion was seconded. P & Z Minutes: September 20, 1995 Page 6 of 10 1. 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 A) Case S95-012. Request for preliminary approval of the vacation of Lots 1, 2, and 3, U.S. Survey 9901; Lot 2, U.S. Survey 5699; and Lot 2, U.S. Survey 484, and replat to Natives of Kodiak, Woody Island Reserve, U.S. Surveys, 484, 5699, and 9901. (Postponed and revised from the July 19, 1995 regular meeting) BOB SCHOLZE reported that this case had been postponed from the July 19, regular meeting, to allow the applicant the possibility of revising their plat. The motion on the floor is: Move to grant preliminary approval of the vacation of Lots 1, 2, and 3, U.S. Survey 9901, Lot 2, U.S. Survey 5699, and Lot 2, U.S. Survey 484, and replat to Natives of Kodiak, Woody Island Reserve, subject to the conditions of approval contained in the staff report dated July 2, 1995, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Provide a ten (10) foot wide electrical easement on Lot 2, U.S. Survey 5699 for an existing service to the unsubdivided portion of Tract B, U.S. Survey 603. 2. Designate the sixty (60) foot wide 17-B easements on Lot 2, U.S. Survey 484, and Lot 1, U.S. Survey 9901, as 17-B and utility easements. 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. P & Z Minutes: September 20, 1995 Page 7 of 10 (� i I 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 question was called and the motion CARRIED by unanimous roll call vote. B) Case S95-010. Request for preliminary approval of the vacation and replat of various electrical easements on Lots 4, 7A, and 7B, U.S. Survey 2538A, 610, 710 and 812 Mill Bay Road (Postponed from the May, 1995 regular meeting). BOB SCHOLZE reported that this case was postponed from the May, 1995 regular meeting to allow all parties affected by this project to have time for review and comments. Since that time the interested parties have worked directly with the Borough Resource Management Officer to come to an agreement on design and project scheduling. Staff recommends approval of this request. The motion on the floor is: Move to grant preliminary approval of the vacation and replat of various electrical easements on Lots 4, 7A & 7B, U.S. Survey 2538A. COMMISSIONER SZABO MOVED TO AMEND by substitution, to grant preliminary approval to the vacation of various existing electrical easements on Lots 7A and 7B, U.S. Survey 2538-A and to create various electrical easements on Lots 7A, 7B, and 4, U.S. Survey 2538-A, as indicated on the preliminary plat, and to adopt the findings contained in the staff report dated September 11, 1995 as "Findings of Fact" for this case. 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. The relocation of these easements will not adversely affect the ability of the utilities to provide adequate service to this area. The motion to amend was seconded and CARRIED by unanimous roll call vote. P & Z Minutes: September 20, 1995 Page 8 of 10 ( % .1 The question was called and the amended motion CARRIED by unanimous roll call vote. There was no further old business. VIH. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER KNAUF MOVED TO ACKNOWLEDGE RECEIPT of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated August 25, 1995 to property owners on Afognak Island from Tom Bouillion, RE: Development without permits, at old Afognak Village. B) Letter dated August 31, 1995 to Ralph Vetter, Lot 13, Space 5, U.S. Survey 3098, from Tom Bouillion, RE: Placing Mobile Home without permits, spacing violation. There were no further communications. /:�.�017�)7111.9 LINDA FREED reported that the joint worksession with the Borough Assembly was helpful for staff. She stated that possible future worksession topics include; non- conforming uses and structures, SRO's, Horseshoe Lake area rezone, tax foreclosed properties in Uyak Bay, continuing discussion of the Kodiak Urban Area Comprehensive Plan, and the Kodiak Island Borough Coastal Management Program. MS. FREED also reported that staff had been spending a large amount of time participating in teleconferences and meetings concerning Tanker Plans for tankers carrying oil through Prince William Sound. She said that the Kodiak Island Borough and 3 other entities were dissatisfied with the plan as presented, and were pursuing the ACMP elevation process, to testify that they believe the decision made at the director level concerning these tanker plans, is incorrect. MS. FREED indicated that this concern about tanker plans is the reason for the delay in finalizing the Kodiak Island Borough Coastal Management Program. Staff wants to ensure that the revisions to the program address the issues that have been raised by the Assistant Attorney General, concerning oil and gas activities in and around the Kodiak Island Borough. COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: September 20, 1995 Page 9 of 10 ( There were no further reports. XI. AUDIENCE COMAENTS There were no audience comments. XII. CONMSSIONERS' COMMENTS CON IISSIONER KNAUF was concerned about that fact that he was not aware of the joint worksession with the Assembly on September 14, and curious if the other Commissioners were aware of the meeting and the content of the agenda. He expressed his disappointment that he was not there. He indicated that his top priority was to pursue the issue of the tax foreclosed properties in Uyak Bay at a Commission worksession in the near future. •11 � • 1: ►lulq►IIII CHAIR FRIEND adjourned the meeting at 8:02 p.m. KODIAK PLANNING AND ZO] LM ATTEST By:�� Eileen Probasco, Secretary Community Development Department DATE APPROVED: October 18, 1995 errol Friend, Chair P & Z Minutes: September 20, 1995 Page 10 of 10