1995-12-20 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -DECEMBER 20, 1995
1VIIN=S
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 December 20, 1995 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present: Others Present:
Jerrol Friend, Chair Linda Freed, Director
Donna Bell Community Development Dept.
Jeff Knauf Bob Scholze, Associate Planner
Clarence Selig Community Development Dept.
Pat Szabo Eileen Probasco, Secretary
Darlene Turner Community Development Dept.
Commissioners Absent:
None
A quorum was established.
III. APPROVAL OF AGENDA
COMMISSIONER SZABO MOVED TO ACCEPT the agenda as presented. The motion
was seconded and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
Staff pointed out that there were two sets of minutes presented for approval.
COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the October 18, 1995
Planning and Zoning Commission regular meeting as presented. The motion was
seconded and CARRY by unanimous voice vote.
COMMISSIONER KNAUF MOVED TO ACCEPT the minutes of the November 15,
1995 Planning and Zoning Commission regular meeting as presented. The motion was
seconded and CARRIED by unanimous voice vote.
P & Z Minutes: December 20, 1995 Page I orb
r V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
NOTE. • All of the comments made during this portion of the meeting were made in
reference to Old Business Item B, Case S94-020, Reconsideration of the grant of
preliminary approval of the subdivision ofLot 6A, Brookers Lagoon Subdivisionn,
Dave Odell, Chiniak resident, appeared before the Commission to express his desire to see
the Chiniak plan upheld and the lot sizes in this subdivision limited to at least 80,000
square feet. He was also concerned about the potential for inadequate wastewater
capabilities on these and surrounding lots, and about maintaining the integrity of the
Chiniak area.
Deb Walser, Chiniak resident, appeared before the Commission to express her desire to
see the Chiniak plan upheld and the lot sizes in this subdivision limited to at least 80,000
square feet. She was concerned about the potential for inadequate wastewater capabilities
on these and surrounding lots.
Vikki 7o Kennedy appeared before the Commission to express her support for the seven -
lot configuration of this subdivision request.
Jim VanAtta appeared before the Commission and stated that he favored larger lots. He
said that he bought his land in Chiniak based on the comprehensive plan and felt the plan
should be upheld.
Woody Koning, 20 year Chiniak resident, appeared before the Commission to state that he
was one of the members of the planning team when the Chiniak Comprehensive Plan was
developed. He expressed his desire to see the plan upheld and the lot sizes in this
subdivision limited to at least 80,000 square feet.
Omar Stratman, applicant, appeared before the Commission to express his support for the
seven -lot configuration of this subdivision request.
Alex Rice appeared before the Conunission to express his support for the seven -lot
configuration of this subdivision request.
Bob Scholze read a letter into the record, submitted by Ernest & Roberta Scheidler,
stating their opposition to the seven -lot configuration of this subdivision. They expressed
desire to see the plan upheld and the lot size in this subdivision limited to at least 80,000
square feet.
Q- There were no further audience comments or appearance requests.
P & Z Minutes: December 20, 1995 Page 2 of g
VI. PUBLIC HEARINGS
A) Case S95-024. Request for preliminary approval of the subdivision of Lot 29,
U.S. Survey 2539, creating Lots 29A and 29B, U.S. Survey 2539. Generally
located along Rezanof Drive, in Womans Bay, between Frye Point and Shannon
Point.
BOB SCHOLZE indicated 7 public hearing notices were mailed for this case and 2
were returned, both opposing DOT'S recommendation of the dedication of the
Rezanof Drive right-of-way. Staff recommended approval of this request.
COMMISSIONER KNAUF asked about the dedication `tecommendation" of
D.O.T. Staff reported that they had requested but not been supplied with
justification of that request, and therefore had not recommended the dedication as
a condition of approval.
COMMISSIONER KNAUF MOVED TO GRANT preliminary approval of the
subdivision of Lot 29, U.S. Survey 2539, creating Lots 29A and 29B, U.S. Survey
2539, and to adopt the findings contained in the staff report dated November 30,
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. 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.
P & Z Minutes: Decembcr 20, 1995 Page 3 of 8
VII. OLD BUSINESS
A) Case S93-018. Request for a two (2) year extension of preliminary approval of the
subdivision of Lot 1, Block 3, Kadiak Alaska Subdivision, 1st Addition, creating
Lots 1A - If, Block 3, Kadiak Alaska Subdivision, 1st Addition.
Staff recommended approval of this extension request.
COMMISSIONER KNALT MOVED TO GRANT a two (2) year extension of
preliminary approval of the revised plat of the subdivision of Lot 1, Block 3,
Kadiak Alaska Subdivision, 1st Addition, creating Lots IA-IJ, Block 3, Kadiak
Alaska Subdivision, 1st Addition, and to reconfirm the original 7 conditions of
approval.
CONDITIONS OF APPROVAL
1. Increase the width of the electrical utility easement along Sharatin Road
and Carroll Way to 10 feet.
2. Provide a 5 foot electrical utility easement along the frontage of
Eggemeyer Circle.
3. Provide a 27 foot by 10 foot anchor/downguy easement on Lot 1C as
requested by YEA in the letter dated December 28, 1993.
4. Modify the plat note to restrict the access to all lots in the subdivision to
Eggemeyer Circle.
5. Per Section 16.80.100 (Exceptions to Minimum Standards) of the Borough
Code, submit an engineered intersection plan to the Borough Engineering
and Facilities Director in order to obtain an exception to Sections
16.80.050.B and 16.80.050.D.L
6. Any change from the approved drainage plan required by the revised
subdivision design must be reviewed and approved by the Borough
Engineering and Facilities Department.
7. Provide a 5 foot construction easement along Lots IA and 1I to provide
for fill to bring Eggemeyer Circle up to the level of Carroll Way.
The MOTION was seconded and CARRIED by unanimous roll call vote.
P & Z Minutes: December 20, 1995 Page 4 of 8
B) Case S94-020. Reconsideration of the grant of preliminary approval of the
subdivision of Lot 6A, Brookers Lagoon, creating Lots 6A-1 through 6A-7,
Brookers Lagoon.
BOB SCHOLZE reported that a motion was currently on the floor.
CHAIR FRIEND restated the motion as follows:
Move to reconsider the November 15, 1995 Planning and Zoning
Commission decision to grant preliminary approval of the subdivision of
Lot 6A, Brookers Lagoon Subdivision, creating Lots 6A-1 through 6A-7,
Brookers Lagoon Subdivision.
Staff noted that, should the vote to reconsider fail, the original decision granting
preliminary approval of the subdivision is final, unless appealed to the Assembly.
Should the vote to reconsider pass, the Commission's original motion would be on
the floor for discussion, as follows:
Move to grant preliminary approval of the subdivision of Lot 6A,
BrookersLagoon Subdivision, creating Lots 6A-I through 6A-7, Brookers
Lagoon Subdivision, subject to the following conditions.
1. The private road shall meet all requirements of Section 16.40.080 (Private
roads) of Borough Code, and shall be constructed to the standards of
Section 10.207 of the Uniform Fire Code and Section IS.26 of Borough
code prior to fmal plat approval.
2. The subdivider shall submit forreview and approval a drainage plan to the
Borough Engineering/Facilities DepartJmentprior to final plat approval per
KIBC16.70.020A.S.
3. The subdivider shall obtain a Corps of Engineers jurisdictional
determination for the proposed subdivision and if the property is subject
to Corps jurisdiction, the subdivider shall provide a mapped wetland
delineation confirmed by the CorpsperK18C 16.70.020A.5..
4. The subdivder shall demonstrate that each lot has the capability to support
on -site septic and potable water for domestic purposes per KIBC
16.70.020B.
S. The subdivision shall provide for (perKIBC 16.40.070).
P & Z Minutes: December 20, 1995 P&V5 Ofg
a) a five (5) foot electrical easement on all lots adjacent to the
proposed private road right-of-way;
b) a ten by thirty-two foot (10' x 329 anchor/down guy easement on
proposed Lot 64-6, as indicated; and
c) designation of the llagstem of proposed Lot 6A-4 as a utility
easement.
The question was called and the motion to reconsider CARRIED by a roll call vote
of 4-2. COMMISSIONERS KNAUF and SELIG voted no.
CHAIR FRIEND asked about Borough road standards and provisions for private
roads. Staff clarified that when the original subdivision of Lot 6 into seven lots
was approved in 1985 there were no provisions for allowing private roads or
flagstems in the Borough Code. Therefore, it might have been more expensive, at
that time, to put in a road that met Borough standards, than to provide for a
private road. However, staff stressed that they had not done an economic analysis
to confirm that. CHAIR FRIEND still felt that the portion of Lot 6 that was
joined to Lot 7 qualified as the `7th lot"that the applicant was requesting. He felt
it was important to uphold the intent of the Chiniak plan. COMMISSIONERS
TURNER and SZABO agreed with CHAIR FRIENDS comments and concerns.
COMMISSIONER TURNER MOVED TO AMEND the motion to include the
following two conditions:
1. The subdivision shall be redesigned so that each lot created is a minimum
of eighty thousand (80,000) square feet (1.84 acres) in order to comply
with the intent of KIBC Section 16.40.050.A.4 (Neighborhood character),
and to be consistent with the spirit of the Chiniak Comprehensive Plan
recommending that the minimum area of newly created lots be two (2)
acres. The flag stems of proposed Lots 6A-1 and 6A-7, where they are
adjacent and parallel to Lots 5 and 7A of Brookers Lagoon Subdivision,
shall not be included in these lots for lot area calculation purposes.
2. This subdivision shall be returned to the Planning and Zoning Commission
for a final review prior to final approval per KIBC 16.50.010.B.
The motion to amend was seconded and CARRIED by unanimous roll call vote.
CHAIR FRIEND expressed a concern that by limiting the lot size to 80,000 square
feet, it might not allow the applicant to get six lots out of his subdivision. He
wanted to make sure that six lots would be allowed.
P & Z Minutes: December 20, 1995 Page 6 of 8
ie
COMMISSIONER TURNER MOVED TO AMEND the motion by amending
condition #1 to read:
1. The subdivision shall be redesigned to create no more than six (6) lots,
each with approximately eighty thousand (80,000) square feet (1.84 acres)
in order to comply with the intent of KIBC Section 16.40.050.A.4
(Neighborhood character), and to be consistent with the spirit of the
Chiniak Comprehensive Plan recommending that the minimum area of
newly created lots be two (2) acres. The flag stems of proposed Lots 6A-1
and 6A-7, where they are adjacent and parallel to Lots 5 and 7A of
Brookers Lagoon Subdivision, shall not be included in these lots for lot
area calculation purposes.
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.
COMMISSIONER KNAUF MOVED TO POSTPONE findings of fact for this
case until the January 17, 1996 regular meeting.
The motion was seconded and CARRIED by unanimous roll call vote.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER KNAUF MOVED TO ACKNOWLEDGE RECEIPT of items A
through D of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Letter dated November 22, 1995 to Faye Heitz, OMB-DGC Project Review
Coordinator, from Linda Freed, RE: Coastal Management Review of Kodiak
Launch Complex Project, at Narrow Cape.
B) Letter dated November 28, 1995 to Jim & Jill Koch, from Tom Bouillion, RE:
Illegal storage building on Lot 7, Block 2, Russian Creek Subdivision.
C) Letter dated November 30, 1995 to Timotheos Vallianos from Bob Scholze, RE:
expiration of variance for Lot 16C-1, U. S. Survey 3098.
P & Z T9inutes: December 20, 1995 Page 7 of 8
D) Memorandum dated November 29, 1995 to Linda Freed from Lee Sharp,
Attorney, RE: Alaska Supreme Court Decision on Mat -Su Borough
Comprehensive Plan, Lazy Mountain Land Club vs. Matanuska-Susitna Borough.
There were no further communications.
X. REPORTS
LINDA FREED pointed out that two Commissioners were scheduled to be appointed at
the Assembly meeting on December 21, to fill the position which was currently vacant as
well as the seat to be vacated by COMMISSIONER SZABO's expiring term.
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.
XH. COMMISSIONERS' COMMENTS
The Commissioners all bid farewell to COMMISSIONER SZABO, as this was her last
meeting of her three year term.
•11 • • 1: ►IuIYI►YI
CHAIR FRIEND adjourned the meeting at 8:35 p.m.
PLANNING
LM
ATTEST
By: V'
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: January 17, 1996
KODIAK ISLAND BOROUGH
Jerfol Friend, Chair
P & Z Minutes: December 20, 1995 Page 9 of 8