1995-08-23 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - AUGUST 23, 1995
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 August 23, 1995 in the Borough Assembly Chambers.
U. ROLL CALL
Commissioners Present: Others Present:
Jerrol Friend, Chair Linda Freed, Director
Donna Bell Community Development Dept.
Clarence Selig Bob Scholze, Associate Planner
Pat Szabo Community Development Dept.
Darlene Turner Eileen Probasco, Secretary
Community Development Dept.
Commissioners Absent:
Jeff Knauf -Excused
One position vacant
A quorum was established.
I11 lj W MITM•ZX41 Of FIRM
Staff reported there were no changes to the agenda.
COMMISSIONER SZABO MOVED TO ACCEPT the agenda as presented by staff.
The motion was seconded and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the July 19, 1995
Planning and Zoning Commission regular meeting as presented. The motion was
seconded and CARRIED by unanimous voice vote.
P & Z Minutes: August 23, 1995 Page 1 of 13
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case S95-014. Request for preliminary approval of the vacation of Lots 7D
and 8A, Block 1, Kadiak Alaska Subdivision, 1st Addition, and replat to Lots
8A-1, 713-1 and 713-2, Block 1, Kadiak Alaska Subdivision, 1st Addition, and
the vacation of plat notes prohibiting the further subdivision of Lots 7D and 8A.
3529 and 3547 Sharatin Road (Postponed from the July 19, 1995 regular
meeting).
LINDA FREED indicated 52 public hearing notices were mailed for this case
and none were returned. Staff recommended approval of this request, subject
to five conditions.
COMMISSIONER BELL MOVED TO GRANT preliminary approval of the
revised plat of the vacation of Lots 7D and 8A, Block 1, Kadiak Alaska
Subdivision, 1st Addition and replat to Lots 7D-1, 713-2, and 8A-1, Block 1,
Kadiak Alaska Subdivision, 1st Addition and the vacation of plat notes
prohibiting the further subdivision of Lots 7D and 8A subject to the conditions
of approval contained in the staff memorandum dated August 8, 1995 and to
adopt the findings contained in that memorandum as "Findings of Fact" for this
case.
CONDITIONS OF APPROVAL
1. Confirm that lot 713-2 contains a minimum of 8,000 square feet of
contiguous area, exclusive of the flag stem and the wetland areas
designated on the drainage plan submitted for Case S94-014 and also
identified on the maps prepared by the USFWS located in the
Community Development Department (CDD).
2. Place a note on the plat stating: "In the course of developing individual
lots in this subdivision, the naturally occurring pond/wetland areas shall
not be filled or excavated, except the minimum necessary to provide
driveway access to upland building sites." In addition, the extent of the
wetland areas, as identified on the maps prepared by the USFWS
located in the CDD, shall be indicated on the final plat.
P & Z Minutes: August 23, 1995 Page 2 of 13
3. Place a note on the plat stating: "Further subdivision of Lots 7D-2 and
` 8A-1 is prohibited."
4. Place a note on the plat stating: "The flagstem easements created by this
plat are for the benefit of Lots 7D-2 and 8A-L"
5. Draw up a private road agreement prior to final approval detailing who
is responsible for maintaining and snow plowing this road and how this
will be administered.
FINDINGS OF FACT
1. This plat, with conditions, meets the minimum standards of survey
accuracy and proper preparation of plats required by Title 16
(Subdivision) of the Borough Code.
2. This plat, with conditions, meets all the requirements of Title 17
(Zoning) 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 the plat notes prohibiting the further subdivision of
these lots has been noticed and a public hearing held prior to the
approval of this vacation and replat. The conditions of approval address
the Borough Code requirements and concerns that lead to the placement
of the notes on Plat Number 95-11 and 95-12 prior to their recording.
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 595-015. Request for preliminary approval of the subdivision of Lot 7A,
Block 1, Kadiak Alaska Subdivision, 1st Addition, creating Lots 7A-1, 7A-2,
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C
7A-3, and 7A-4, Block 1, Kadiak Alaska Subdivision, 1st Addition. (Postponed
from the July 19, 1995 regular meeting).
LINDA FREED indicated 17 public hearing notices were mailed for this case
and none were returned. Staff recommended approval of this request, subject
to six conditions, the first two being revised to allow the applicant to obtain a
CORPS wetlands determination, to possibly revise the buildable area on the
proposed lots.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval of
the revised plat of the subdivision of Lot 7A, Block 1, Kadiak Alaska
Subdivision, 1st Addition creating Lots 7A-1, 7A-2, 7A-3, and 7A-4, Block 1,
Kadiak Alaska Subdivision, 1st Addition subject to the conditions of approval
contained in the staff memorandum dated August 8, 1995 and revised as
indicated in bold, in conditions #1 and #2, below, and to adopt the findings
contained in that staff memorandum as "Findings of Fact" for this case.
OF APPROVAL
1. Enlarge and confirm that lot 7A-3 contains a minimum of 8,000 square
feet of contiguous area, exclusive of the flag stem and the wetland areas
designated on the drainage plan submitted for Case S94-014 and also
identified on the maps prepared by the USFWS located in the
Community Development Department (CDD), or based on revised maps
approved by the CORPS of Engineers. The CDD has developed a
design which meets this condition.
2. Place a note on the plat stating: "In the course of developing individual
lots in this subdivision, the naturally occurring pond/wetland areas shall
not be filled or excavated." In addition, the extent of the wetland areas,
as identified on the maps prepared by the USFWS located in the CDD,
or based on revised maps approved by the CORPS of Engineers, shall
be indicated on the final plat.
3. Place a note on the plat stating: "Further subdivision of Lots 7A-2 and
7A-3 is prohibited."
4. Place a note on the plat stating: 'Driveway access to Lot 7A-1 is
prohibited from Sharatin Road."
5. The access easement identified on the flagstem of Lot 7A-3 is to be
removed, since access for Lot 7A-2 is from Perenosa Drive.
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6. Sewer and water service lines shall be installed to Lots 7A-1, 7A-2, and
7A-3, prior to final recording of the plat. The installation shall be
consistent with approved Service District No. 1 utility plans for this
area, or a specific alternative service plan approved by the Service
District No. 1 Board of Supervisors. Final review of the plat by the
Planning and Zoning Commission is necessary if additional easements
are required to support an approved alternative utility service plan.
FINDINGS OF FACT
1. This plat, with conditions, meets the minimum standards of survey
accuracy and proper preparation of plats required by Title 16
(Subdivisions) of the Borough Code.
2. This plat, with conditions, meets all the requirements of Title 17
(Zoning) of the Borough Code.
3. This plat, with conditions, provides for a subdivision of land that is
consistent with adopted Borough plans for this area.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Craig Johnson, agent, appeared before the Commission and expressed support
for this request, as presented with the revised conditions.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case 95-002. Site plan review, in accordance with a condition of approval of
the conditional use permit issued for the Trident Basin Float Plane Facility, on
Near Island.
BOB SCHOLZE indicated 12 public hearing notices were mailed for this case
and none were returned. Staff recommended approval of this request.
P & Z Minutes: August 23, 1995 Page 5 of 13 t 1
COMMISSIONER SZABO MOVED TO APPROVE the submitted site plan,
in accordance with Section 17.67.030, of the Borough Code, for the permitted
float plane facility which includes associated structures and development to be
located on a portion (approximately 11.5 acres) ofU.S. Survey 4947, and U.S.
Survey 2261, at Trident Basin, on Near Island (further described by the metes
and bounds description dated March 8, 1995 and included with the staff report
for CUP case number 95-003), and to adopt the findings contained in the staff
report dated August 14, and REVISED on August 16, 1995 as "Findings of
Fact" for this case.
FINDINGS OF FACT
That the site plan meets one of the conditions for the conditional use permit
number 95-003 for the Trident Basin float plane facility.
The condition states that "A detailed site plan in accordance with K113C
17.67.030 must be submitted to the Commission for review prior to issuance of
a zoning compliance permit for all structures to be placed or constructed in the
area encompassed by the CUP that are four hundred (400) square feet or larger
and all structures of any size placed on a permanent foundation." Submittal of
the site plan therefore satisfies this requirement.
That the site plan meets all of the requirements of 17.67.030
The detailed site plan shows the proposed location of all buildings and
structures on the site, access points, drainage, vehicular and pedestrian
circulation patterns, parking areas, and the specific location of different uses
that make up the float plane facility. The 10 foot building setback on office lots
along the waterfront is a City of Kodiak, not a Commission, requirement.
That the site plan is consistent with the Near Island Development Plan
The Near Island Development Plan of 1987 identifies a possible float plane
facility to "...include docking and tie down areas, a shore -based haul out area
for maintenance, and parking areas." The maps accompanying the plan
specifically designate Trident Basin as the site for a proposed float plane facility
and aerodrome.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
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Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
D) Case S95-016. Request for preliminary approval of the subdivision of Lot 5A,
Block 2, Miller Point Alaska Subdivision, 1st Addition, creating Lots 5A-1 and
5A-2, Block 2, Miller Point Alaska Subdivision, 1st Addition. 377 Neva Way.
BOB SCHOLZE indicated 38 public hearing notices were mailed for this case
and none were returned. Staff recommended approval of this request, subject
to three conditions.
COMMISSIONER SELIG MOVED TO GRANT preliminary approval of the
subdivision of Lot 5A, Block 2, Miller Point Alaska Subdivision, 1st
Addition, creating Lots 5A-1 and 5A-2, Block 2, Miller Point Alaska
Subdivision, 1st Addition, subject to the conditions of approval contained in
the staff report dated August 22, 1995 and to adopt the findings contained in
the staff report dated August 9, 1995 as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Remove the eight foot by eight foot (8' x 8') shed from the required five
(5) foot sideyard setback on proposed Lot 5A-1 prior to final approval.
2. Obtain from ADEC and submit to KIB Engineering/Facilities
Department, a letter of approval for the two proposed R2--Two-family
Residential lots to use the existing six (6) inch PV sewer stubout for
both lots, as proposed in the revised preliminary plat design submitted
August 16, 1995. Absent this ADEC approval, install a new water
service that does not cross another property to the existing house on
proposed Lot 5A-1, eliminating the need for creation of additional utility
easement at the end of the proposed flagstem.
3. Prior to final approval, provide assurance that the year around drainage
at the end of the flagstem adjacent to Neva Way is maintained and
properly channeled through the culvert being installed for the driveway
to proposed Lot 5A-2 according to Engineering/Facilities Department
standards.
P & Z Minutes: August 23, 1995 Page 7 of 13 oil
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.
E) Case S95-017. Request for preliminary approval of the vacation of Lots 12, 13,
and 14, U.S. Survey 3099 and the vacation of a 100 foot road right-of-way and
utility easement, and replat to Lot 13A, U.S. Survey 3099. 2781, 2821, 2853
Spruce Cape Road.
BOB SCHOLZE indicated 18 public hearing notices were mailed for this case
and none were returned. Staff recommended approval of this request, subject
to two conditions.
COMMISSIONER BELL MOVED TO GRANT preliminary approval of the
vacation of Lots 12, 13 & 14, U.S. Survey 3099 and the vacation of a one -
hundred (100) foot wide road right of way and utility easement, and replat to
Lot 13A, U.S. Survey 3099, subject to the conditions of approval contained in
the staff report dated August 9, 1995 and to adopt the findings contained in that
staff report as "Findings of Fact" for this case.
P & Z Minutes: August 23, 1995 Page 8 of 13
I Q'
% CONDITIONS OF APPROVAL
1. Remove the park gazebo from the required twenty-five (25) sideyard
setback on the on the westerly side of proposed Lot 13A, or vacate, as
part of this replat, the lot line common to Lots 11 and 12, making this a
replat of four (4) lots into one (1) lot.
2. The vacation of the one -hundred (100) foot right-of-way reservation
will be reviewed and approved by the Assembly 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.
4. Vacation of the one -hundred (100) foot right-of-way reservation will
not adversely affect access or provision of utility services to the public in
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
A) Case S91-013. Request for final approval of the subdivision of Tract A, Block
2, Perez Estates Subdivision, and replat to Lots 2 through 20, Block 2, Perez
P & Z Minutes: August 23, 1995 Page 9 of 13
Estates Subdivision, 3084, 3181, 3218, & 3319 Sharatin Road. (Postponed
from the July 19, 1995 regular meeting).
BOB SCHOLZE reported that this case had been postponed from the July
regular meeting, and that the Commission had visited the site as a group, the
previous evening, so that they could discuss appropriate conditions of approval.
The motion on the floor is:
Move to grant final approval of the subdivision of Tract A, Block 2, Perez
Estates Subdivision, U.S. Survey 3512, and replat to Lots 2 through 17 and an
unsubdivided portion of Tract A, Block 2 Perez Estates, subject to the
conditions of approval in the staff report dated July 7, 1995.
CONDITIONS OF APPROVAL
1. Place plat notes stating:
"Access to Lots 5 and 6 and Lots 10-13, Block 2 is restricted to Wilton
White Way or the sixty (60) foot wide access easement", and
"The front yard setback for Lots 5-13, Block 2 will be calculated from
Wilton White Way or the sixty (60) foot wide access easement".
2. Provide a private road or access agreement between Lots 3, 4, 5, and 6
detailing maintenance and snow plowing responsibilities and
administration for the portion of Wilton White Way that extends into the
access easement across these properties.
3. Construct the required roadway and water and sewer lines as required
by Title 16.70 and Title 17.20 of Borough code.
4. Provide a revised set of construction drawings based on the changes
agreed to at the June 8, 1995 meeting and the plan review comments
dated April 24, 1995.
5. Obtain approval of an engineered drainage plan from the Borough
Engineering/Facilities Department for those lots affected by wetlands
and provide an analysis of the downstream effects of increased runoff.
P & Z Minutes: August 23, 1995 Page 10 of 13
6. Identify and dedicate areas within the subdivision for the placement of
dumpsters and mail boxes subject to review and approval of the
Borough Engineering/Facilities Department.
7. Extend over Lots 2 and 3, as indicated, the five (5) foot wide utility
easement on Wilton White Way adjacent to and south of the sixty (60)
foot wide access/utility easement.
COMMISSIONER TURNER MOVED TO AMEND BY SUBSTITUTION, to
grant final approval of the subdivision of Tract A, Block 2, Perez Estates
Subdivision, U.S. Survey 3512, and replat to Lots 2-13 and 17-20, and the
unsubdivided portion of Tract A, Block 2, Perez Estates Subdivision, subject to
the conditions of approval in the staff report dated August 22, 1995, and to
adopt the findings in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL:
1. Place plat notes stating:
"Access to Lots 5 through 13, Block 2, is restricted to Wilton White
Way or the sixty (60) foot wide access easement", and
"The front yard setback for Lots 5-13, Block 2 will be calculated from
Wilton White Way or the sixty (60) foot wide access easement".
2. Provide a private road or access agreement between Lots 3, 4, 5, & 6
for detailing maintenance and snow plowing responsibilities and
administration for the portion of Wilton White Way that extends into the
access easement across these properties.
3. Construct the required roadway and water and sewer lines as required
by Title 16.70 and Title 17.20 of the Borough Code.
4. Provide a revised set of construction drawings based on the changes
agreed to at the June 8, 1995 regular meeting including installation of a
fire hydrant at the southwest end of the sixty (60) foot wide easement
extension of Wilton White Way, and the plan review comments dated
April 24, 1995.
5. Obtain approval of an engineered drainage plan from the Borough
Engineering/Facilities Department for those lots affected by wetlands
and provide an analysis of the downstream effects of increased runoff.
P & Z Minutes: August 23, 1995 Page 11 of 13 101
6. Identify and dedicate areas within the subdivision for the placement of
dumpsters and mail boxes subject to review and approval of the
Borough Engineering/Facilities Department.
7. Extend over Lots 2 & 3, as indicated, the five (5) foot wide utility
easement on Wilton White Way adjacent to and south of the sixty (60)
foot wide access/utility easement.
FINDINGS OF FACT
This plat, with conditions, meets the minimum standards of survey
accuracy and proper preparation of plats required by Title 16
(Subdivision) of the Borough Code.
2. This plat, with conditions, meets all the requirements of Title 17
(Zoning) 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.
There was no further old business.
VIH. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of
communications. The motion was seconded and CARRIED by unanimous voice vote.
A) Newspaper article from July 23, 1995 Anchorage Daily News, by Peter
Blumberg, City Targets Junk in Neighborhoods
There were no further communications.
X. REPORTS
LINDA FREED welcomed Clarence Selig to the Commission. She announced that
there was still one vacant seat on the Commission, a City seat, and encouraged
P & Z Minutes: August 23, 1995 Page 12 of 13 1 ()'}
members of the community to apply. She also announced the joint worksession with
the Borough Assembly on September 14, at 7:30 p.m. in the school district conference
room, to discuss the forreclosed properties in Uyak Bay and a rezone of Borough
property proposed by the Horseshoe Lake Neighborhood Association.
COMMISSIONER TURNER 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.
X11. COMMISSIONERS' COMMENTS
The Commissioners welcomed Clarence Selig to the Commission.
M 11INEWWO l: ►11-� h W-1My
CHAIR FRIEND adjourned the meeting at 8:00 p.m.
CKODIAK ISLAND
PLANNING AND ZO COS
By: i
Jerrol Friend, Chair
ATTEST
By: i;� 1'/t,�— ----
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: September 20, 1995
P & Z Minutes: August 23, 1995 Page 13 of 13