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1996-01-17 Regular MeetingI. ftl IV KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 17, 1996 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 January 17, 1996 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Donna Bell David Neshiem Clarence Selig Darlene Turner Commissioners Absent: Jeff Knauf - Excused Roberta Scheidler - Excused 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. COMMISSIONER BELL MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER TURNER MOVED TO ACCEPT the minutes of the December 20, 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 further audience comments or appearance requests. P & Z Minutes: January 17, 1996 Page 1 of 12 VI. PUBLIC HEARINGS A) Case 96-001. Appeal of an administrative decision, under Section 17.90.010 of the Borough Code, ordering the removal of commercial fishing gear stored on a vacant lot in the RRI-Rural Residential One zoning district; and a request to allow the continued storage of the commercial fishing gear on the property. Lot 11, Block 3, Bells Flats Alaska Subdivision, 12108 Noch Drive BOB SCHOLZE indicated 32 public hearing notices were mailed for this case and 8 were returned, 2 opposing and 6 expressing no objection to this request. Staff provided the Commission with several options, suggesting that Option 3 could be pursued in conjunction with Option 1 or 2. 1. Suspend the present enforcement action against the illegal storage of commercial fishing gear on a lot in the RRl-Rural Residential One zoning district. Staff does not recommend adoption of this option. 2. Deny the appeal and require the appellants to abate the outdoor storage violation, perhaps with an extended enforcement deadline based on the practicality of removing the fishing gear from the property within a time period. 3. Consider and pursue amendments to the RRl zoning district regulations to permit the outdoor storage of fishing gear as a conditional use. COMMISSIONER TURNER MOVED TO UPHOLD the administrative decision and grant the appeal, by suspending enforcement for a period of six (6) months pending possible revisions to the RRI section of the Borough Code, of the order to remove commercial fishing gear stored on Lot 11, Block 3, Russian Creek Alaska Subdivision, which is located in the RRl--Rural Residential One zoning district; and to adopt the findings in support of suspending enforcement contained in the staff report dated December 18, 1995 as "Findings of Fact" for this case. FINDINGS OF FACT 1. No complaint has been received from a neighboring property owner about the storage of commercial fishing gear on this lot. 2. The site is located in a sparsely populated area, at the end of a dead-end road. P & Z Minutes: January 17, 1996 Page 2 of 12 3. The gear storage does not appear to be a nuisance to the public in terms of j health and safety. 4. The suspension of enforcement action at this time does not convey any "grantfather rights" to the property for outdoor fishing gear storage. 5. Enforcement action may be resumed at any time should the Borough's enforcement policy change and/or a complaint is received from property owners and/or residents in the Womens Bay Community The MOTION was seconded. Regular Session Closed. Public Hearing Opened: Daniel Olsen, property owner, appeared before the Commission and expressed support for the suggestion of revising the RRl section of the Borough Code to include fishing gear storage as a conditional use. Public Hearing Closed. Regular Session Opened. The Commission discussed their options and agreed that they should pursue revisions to the RRl section of the Borough Code to possibly include commercial fishing gear storage as a conditional use. The question was called and the motion CARRIED by unanimous roll call vote. B) Case 96-002. Appeal of an administrative decision, under Section 17.90.010 of the Borough Code, ordering the removal of commercial fishing gear stored on a non -owner occupied lot in the RRl-Rural Residential One zoning district; and a request to allow the continued storage of the commercial fishing gear on the property. Lot 3, Block 1, Monashka Bay Alaska Subdivision, 1609 Monashka Circle. BOB SCHOLZE indicated 69 public hearing notices were mailed for this case and 6 were returned, 5 opposing and 1 expressing no objection to this request. Staff provided the Commission with several options, suggesting that Option 3 could be pursued in conjunction with Option 1 or 2. 1. Suspend the present enforcement action against the illegal storage of commercial fishing gear on a lot in the RRl-Rural Residential One zoning district. Staff does not recommend adoption of this option. P & Z Minutes: January 17, 1996 Page 3 or 12 2. Deny the appeal and require the appellants to abate the outdoor storage violation, perhaps with an extended enforcement deadline based on the practicality of removing the fishing gear from the property within a time period. 3. Consider and pursue amendments to the RRI zoning district regulations to permit the outdoor storage of fishing gear as a conditional use. COMMISSIONER TURNER MOVED TO UPHOLD the administrative decision and grant the appeal, by suspending enforcement for a period of six (6) months pending possible revisions to the RRI section of the Borough Code, of the order to remove commercial fishing gear stored on Lot 3, Block 1, Monashka Bay Alaska Subdivision, which is located in the RRI--Rural Residential One zoning district; and to adopt the findings in support of suspending enforcement contained in the staff report dated December 18, 1995 as "Findings of Fact" for this case. FINDINGS OF FACT 1. Outdoor commercial fishing gear has been stored to the same degree on this property for a number of years (legally, until a couple of years ago when the property owners moved to a new residence) without neighbor complaints and no perceived negative neighborhood impacts. 2. The gear storage does not appear to be a nuisance to the public in terms of health and safety. The MOTION was seconded. Regular Session Closed. Public Hearing Opened: Lou Dochterman appeared before the Commission and stated that he was also the owner of an RRI lot in the Monashka Bay area. He said that his family no longer lived in the house on the lot and that his fishing gear was stored there and that he maintained all of his gear in the shop on the lot. He felt that because Kodiak was a fishing community, the Borough should support commercial fisherman and their livelihood by allowing this type of use. He also felt that storing fishing gear on residential lots was not an unreasonable request, considering that it was very cost prohibitive to purchase or lease a Business or Industrial zoned lot for the sole purpose of commercial fishing gear storage. P & Z Minutes: January 17, 1996 Page 4 of 12 Mike Haggren owner of the property in question, appeared before the Commission and agreed with Mr. Dochterman's and Mr. Olsen's comments. He felt that fishing gear storage should be a conditional use on RRl property. Cathy Cord ry appeared before the Commission and expressed opposition to this request. She was also very much opposed to allowing commercial fishing gear storage on vacant or non -owner occupied lots in rural residential areas as a conditional use. She stated that she was involved in the gear storage task force report in 1989 and felt that allowing fishing gear storage on owner -occupied lots in the RRI district was enough of a compromise. She was adamate that commercial fishing gear storage was not compatible in any residential district. Ms. Cordry presented staff with a written summary of her comments. Public Hearing Closed. Regular Session Opened. The Commission discussed the issue of commercial fishing gear storage on residential lots and felt that it was not unreasonable to accommodate this use under certain circumstances. COMMISSIONER TURNER stated that allowing fishing gear storage on a vacant or non -owner occupied lot was a viable option to pursue. _ COMMISSIONER NESHEIM stated that he had seen the document produced by the Gear Storage Task Force and was unaware that this extensive review of this issue had taken place, until recently. He expressed desire to revisit the document and encouraged those in attendance to participate in the process of possibly revising the code. The question was called and the motion CARRIED by unanimous roll call vote. C) Case S96-001. Request for preliminary approval of the subdivision of Tract A-1, U.S. Survey 1671, creating Tract A -IA, A-113, A -IC, F and G, U.S. Survey 1671, and the vacation and relocation of a portion of Anna Way right-of-way. Generally located on Spruce Island. BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition. COMMISSIONER SELIG MOVED TO GRANT preliminary approval of the subdivision of Tract A, U.S. Survey 1671, creating Tracts A-1 and Tract E, U.S. Survey 1671; subject to the condition of approval in the staff memorandum dated January 8, 1996 and to adopt the findings contained in that staff report as "Findings of Fact" for this case. P & Z Minutes: January 17, 1996 Page 5 of 12 CONDITION OF APPROVAL 1. Verify with topographical information, engineered design, or surveyed elevations, that the realignment of the Anna Way right-of-way, the extension of the Pleasant Harbor Drive right-of-way, and the sixty (60) foot wide access easement to proposed Tract F can provide safe and adequate practical access. 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. D) Case S96-003. Request for preliminary approval of the subdivision of Lot 2, U.S. Survey 4970, creating Lots 2A, 2B, 2C, 2D, & 2E, Riverview Subdivision; and a request, under Section 116.110 of the Borough Code, for a waiver from the requirement for a fifty (50) foot private road easement to allow a reduced private road easement of thirty (30) feet. BOB SCHOLZE indicated 51 public hearing notices were mailed for this case and 6 were returned, 3 stating non objection and 3 expressing some opposition to this request. Staff recommended approval of this request subject to conditions. COMMISSIONER BELL MOVED TO GRANT a waiver, in accordance with Section 16.110.010 (Waiver from requirements) of the Borough Code, to permit the subdivision of Lot 2, U.S. Survey 4970 into five lots with reliance for legal access on a private road easement of thirty (30) foot width instead of fifty (50) width as required by KIBC 16.80.030; and to adopt the findings contained in the staff report dated January 5, 1996 as "Findings of Fact" for this case. FINDINGS OF FACT (Waiver): 1. A requirement to provide a fifty (50) foot wide private road easement will, in this case, further restrict the developable area of the proposed lots, already significantly constrained by ADEC sewage and waste disposal separation requirements since the parcel is a peninsula bordered on three P & Z Minutes: January 17, 1996 Page 6 of 12 side by the river. Nothing will be gained by a fifty (50) foot wide, rather than thirty (30) foot wide, private road easement since the existing dirt road, which will be improved by surfacing but not widened, can provide adequate service for the minimal vehicle use that will result from the subdivision of the parcel. The nature of the use of properties in the area is almost exclusively recreational, and therefore seasonal and periodic. While this may change over time, the trend, combined with additional vehicle access restrictions related to the locked bridge, indicates that vehicle use of this private road will be minimal, bordering on non-existent. A requirement to widen and improve this private road to standards that otherwise apply in the Borough in support of permanent, year-round uses with conventional access to the road system is not only a burden in this case, but also might well have unintended negative impacts on the soft surface and fragile groundcover of the small peninsula that would outweigh any benefits of road improvements that are probably unnecessary anyway. 2. This waiver preserves the general intent and spirit of Title 16, allowing the Commission to balance priorities in the subdivision process. In this unique circumstance, with restricted vehicle access to the road system, there is no health or public safety benefit to be gained in requiring additional easement width for a private road that will not be widened and be little used regardless. The public welfare and interests of the Borough and surrounding areas will be no less protected by the grant of the waiver. The MOTION was seconded. Regular Session Closed. Public Hearing Opened: Mike Anderson applicant, appeared before the Commission to answer questions and to express support for this request. BOB SCHOLZE read into the record, two letters opposing this request, one from Bobby Fenton, and one from Ursula Lorraine Brisco. Public Hearing Closed, Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. P & Z Minutcs: January 17, 1996 Page 7 of 12 COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the subdivision of Lot 2, U.S. Survey 4970, creating Lots 2A, 2B, 2C, 2D, and 2E, Riverview Subdivision; subject to the five conditions of approval in the staff memorandum dated January 16, 1996, and to adopt the findings for approval of the subdivision in the staff memorandum dated January 6, 1996 as "Findings of Fact" for this case. CONDMONS OF APPROVAL (Subdivision): 1. Prior to final plat approval, the subdivider will secure from the State Department of Natural Resources a minimum thirty (30) foot wide access easement described by survey description covering the existing dirt road and providing access from the cul-de-sac at the north end ofBayside Drive across state land to the point where that same dirt road enters this proposed subdivision at the north property line of proposed Lot 2E. 2. Designation of the thirty (30) foot wide private road easement as an access and utility easement, as requested by KEA. 3. Add notes to the plat stating: A) The lots in this subdivision are subject to a ten (10) foot wide pedestrian easement along the mean high water line of Pasagshak River. B) Alaska Department of Fish and Game review and prior approval is required for bank stabilization, or any other work, conducted below the ordinary high water level of the Pasagshak River." 4. The private road shall meet all requirements of Section 16.40.080 (Private roads) of Borough Code, and the existing dirt road within the subdivision will be improved with gravel surface a minimum of twelve (12) foot width consistent with the requirements for driveways in KMC 15.26 prior to final plat approval. 5. The subdivider shall demonstrate that each lot has the capability to meet the wastewater disposal standards of ADEC and have access to an adequate amount of potable water for domestic purposes per KIBC 16.70.020.B. FINDINGS OF FACT (Subdivision): P & Z Minutes: January 17, 1996 Page 8 of 12 1. With conditions and the grant of a waiver, 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. The MOTION was seconded. The question was called and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S92-021. Request for a two (2) year extension of preliminary approval of the subdivision of Lot A-5, Kadiak Alaska Subdivision, creating Lots A-5-1, A-5-2, A-5-3, A-54, and A-5-5, Kadiak Alaska Subdivision. 3100 Woody Way Loop. BOB SCHOLZE indicated the applicant needed additional time to final the plat. Staff recommended approval of this extension request. COMMISSIONER NESHEIM MOVED TO GRANT a two (2) year extension (until December 20, 1997) of preliminary approval of the subdivision of Lot A-5, Kadiak Alaska Subdivision, creating Lots A-5-1, A-5-2, A-5-3, A-54, and A-5-5, Kadiak Alaska Subdivision, and reconfirm the original three (3) conditions of approval. CONDITIONS OF APPROVAL I. Plat a five (5) foot electrical utility easement along the frontage of the unnamed cul-de-sac. 2. Provide a drainage plan indicating design elevation of road, building pads and proposed fill. 3. The final plat will come back to the Commission for review. The MOTION was seconded and CARRIED by unanimous roll call vote. B) Case S94-020. Findings of fact for the grant of preliminary approval of the subdivision of Lot 6A, Brookers Lagoon Subdivision, creating no more than 6 lots, each approximately 80,00 square feet in area. 37632 Chiniak Highway. Staff recommended the Commission adopt findings of fact in support of their decision on this case. P & Z Minutes: January 17, 1996 Page 9 of 12 COMMISSIONER TURNER MOVED TO ADOPT the findings of fact contained in the staff report dated December 26, 1995 in support of the granting of a request for a preliminary approval of the subdivision of Lot 6A, Brookers Lagoon Subdivision into no more that six (6) lots each with approximately 80,000 square feet, subject to seven (7) conditions of approval. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 (Subdivisions) of the Borough Code. 2. This plat, subject to conditions of approval, meets all the requirements of Title 17, (Zoning) of the Borough Code. 3. This plat, subject to conditions of approval, is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The Chiniak Area Comprehensive Plan, which was adopted as part of the Kodiak Island Borough Comprehensive Plan in July of 1987 by Ordinance No. 87-22-0 lists on Page 53 objectives that seek to achieve the residential land use goals. Among these objectives are: That newly created residential lots should contain enough lot area to provide for onsite septic disposal (without requiring that systems be engineered) and onsite potable water.- and That newly created lots should be a minimum of two (2) acres in size, in order to maintain the rural atmosphere of the Chiniak area. 4. An average lot size of 80,000 square feet is essential to maintain the character of the neighborhood as evidenced by the objectives of the Chiniak Area Comprehensive Plan. The MOTION was seconded and CARRIED by unanimous roll call vote. VIH. NEW BUSINESS A) Election of Officers COMMISSIONER KNAUF was elected as CHAIR for 1996. COMMISSIONER FRIEND was elected as VICE CHAIR for 1996. P & Z Minutes: January 17, 1996 Page 10 of 12 / IX. COMMUNICATIONS COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Memorandum dated December 6, 1995 to Linda Freed from Donna Smith, Borough Clerk, RE: Appeal to Board of Adjustment, of the Planning and Zoning Commission decision to grant a conditional use permit for the rocket launch facility at Narrow Cape. B) Letter dated December 28, 1995 to Ron John, from Tom Bouillion, RE: Illegal multiple dwellings on Lot 17B, Russian Creek Subdivision. C) Letter dated January 12, 1996 to Edwin & Bibiana Christman, from Tom Bouillion, RE: Illegal accessory building on Lot 14B, Russian Creek Subdivision. There were no further communications. X. REPORTS LINDA FREED reported that the Commission had previously decided to cancel their worksession on January 24, and asked if that was still their intent. The Commission agreed that it was. MS. FREED then reviewed the upcoming worksession schedule and topics of discussion: January 31 worksession - Continuing discussion of Chapter 17.36 Nonconformities February 7 worksession - Review of Uyak Bay tax foreclosed properties February 14 worksession - Packet Review February 21 - Regular Meeting February 28 worksession - Discussion of Selief Lane hillside area 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. XII. COMMISSIONERS' COMMENTS 4 XIII. ADJOURNMENT P & Z Minutes: January 17, 1996 Page 11 of 12 r, CHAIR FRIEND adjourned the meeting at 8:25 p.m. C L KODIAK ISLAND BOROUGH PLANNING AND ZONING CONMIISSION ATTEST By �/�--- Eileen Probasco, Secretary Community Development Department DATE APPROVED: February 21, 1996 P & Z Minutes: January 17, 1996 Page 12 of 12 'Ct