1996-02-21 Regular MeetingI.
II
IV
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - FEBRUARY 21, 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 Knauf on February 21, 1996 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jeff Knauf, Chair
Donna Bell
Jerrol Friend
David Neshiem
Roberta Scheidler
Clarence Selig
Darlene Turner
Commissioners Absent:
None
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 FRIEND 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 January 17, 1996
Planning and Zoning Commission regular meeting as presented. The motion was
seconded and CARRIED by unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
P & Z Minutes: Hebmary 21, 1996
Page 1 of 10
1 Jack McFarland, Assembly member, appeared before the Commission to clarify the
Assembly's intent in sending the 1991 & 1992 tax foreclosed properties back to the
Commission for individual review. The Assembly identified in amendment #5 of their
ordinance, that they intended that the Commission make a formal recommendation to the
Assembly "on a site specific basis where the nature of the property, with respect to the
value to the Kodiak Island Borough, the Refuge, or the general public, will be addressed."
Mr. McFarland clarified that the Assembly was giving the Commission the power to
identify the best use for each individual parcel, and hoped that they would review each
parcel using the criteria mentioned in the ordinance, and then forward their
recommendation to the Assembly.
There were no further audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 96-004. Request for a conditional use permit, in accordance with Section
17.29.020.13 of the Borough Code, to permit a new eleven (11) unit Single
Resident Occupancy structure to be located on a lot in the I -Industrial zoning
district. Tract E of Tract A, Bells Flats Alaska Subdivision.
BOB SCHOLZE indicated 16 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to two
conditions.
COMMISSIONER SELIG MOVED TO GRANT a request for a conditional use
permit, in accordance with Section 17.29.020.B of the Borough Code, to permit a
new eleven (11) unit Single Resident Occupancy structure to be located on Tract E
of Tract A, Bells Flats Alaska Subdivision; subject to the conditions of approval
contained in the staff report dated February 7, 1996; and to adopt the findings in
that staff report as "Findings of Fact" for this case
CONDITIONS OF APPROVAL
1. Documentation that engineered water supply and septic systems, as
approved by ADEC, are available, with capacity to support the intensity of
the proposed uses and meeting the separation requirements of ADEC
regulations.
2. Review and approval by both the State Fire Marshall and the Womans Bay
Fire Service District Chief to ensure that adequate water supply is available
to meet potential fire emergency needs.
P & Z Minutes: February 21, 1996 Page 2 of 10
FINDINGS OF FACT
17.67.05 A That the conditional use will preserve the value, spirit character and
integrity of the surrounding area
The conditional use will preserve the value, spirit, character and integrity of the
surrounding area by requiring compliance with all applicable building and fire
codes, as well as ADEC regulations for siting and capacity of well and septic
systems. Although this property is zoned I -Industrial, the surrounding area is
predominantly residential. The single residency units that will be provided by this
project will not be out of character with the general neighborhood, and will meet
the need for affordable housing for individuals without family holding transitional
employment in Kodiak. On industrial zoned property owned by the Livestock Co-
op across the road, a caretaker apartment upstairs in the slaughterhouse has
housed a family for many years. On the same property, a mobile home was
permitted by exception for a number of years. A trailer served as a watchman's
unit at the batch plant, property likewise zoned industrial further up the Sargent
Creek Road.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
This conditional use fulfills other requirements of the chapter in providing for
controls and safeguards to insure the compatibility of the conditional use with
permitted principal uses. Since, in this case, the proposed conditional use
(residential) is less intense that most, if not all, permitted uses in the I -Industrial
zoning district, any potential impact on surrounding properties would logically be,
in degree, less that might result from a permitted uses. The most significant impact
is the amount of traffic generated by the project in this area. The accompanying
parking plan has indicated more than adequate required parking, along with safe
and adequate ingress/egress and vehicular circulation.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health, safety convenience and comfort
As a commercial building, this facility containing a combination of office space and
single residence occupancy units will be subject to review and approval by the
State Fire Marshall as part of the standard plan review conducted by the Building
Officials with the Uniform Building Code. It will also be reviewed by Womens
Bay Fire Service District Chief. In addition, engineered systems for the proposed
/ well and septic are required by ADEC corresponding to the intensity of use. While
_ this property is zoned I -Industrial, there is no heavy industrial use in the immediate
area which might present a conflict with the residential use component of this
P & Z Minutes: February 21, 1996 Page 3 of 10
facility. This project can serve not only to safely meet the intent for provision of
affordable housing of the recently adopted SRO code section, but also, through a
balance of compatible mixed uses, prove to be an amenity to the Womans Bay
community.
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.
The zoning district setback requirements provide for thirty (30) foot front and
twenty (20) foot side and rear yard setbacks. Since the uses proposed as part of
this project are less intense that many potential industrial uses, it would stand to
reason that the standard zoning district setbacks would suffice. Additional
setbacks can be required if the Commission deems it necessary. Natural buffering
is provided by brush and vegetation on the north and west boundaries of the
property. The other two sides of the property are bordered by roads.
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 S96-004. Request for preliminary approval of the subdivision of Lot 17B,
Russian Creek Alaska Subdivision, creating Lots 17B-1 and 17B-2, Russian Creek
Alaska Subdivision. 12185 Noch Circle.
BOB SCHOLZE indicated 45 public hearing notices were mailed for this case and
1 was returned, stating no objection to this request. Staff recommended approval
of this request subject to one condition.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the
subdivision of Lot 17B, Russian Creek Alaska Subdivision, creating Lots 17B-1
and 17B-2, Russian Creek Alaska Subdivision, subject to the condition of approval
! contained in the staff report dated February 7, 1996 and to adopt the findings in
\_ that staff report as "Findings of Fact' for this case.
P & Z Minutes: February 21, 1996 Page 4 of 10
OF APPROVAL
1. Record by page and book number, a twenty (20) foot wide driveway
easement for the benefit of proposed Lot 17B-2 across Lot 17A covering
the driveway presently serving the new house on proposed Lot 17B-2, or
construct a driveway in compliance with KIBC Chapter 15.26 to the new
house from Noch Drive where it is adjacent to proposed Lot 17B-2.
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 S93-017. Approval of the revised preliminary plat for the vacation of Lots 6,
7, 8, 9, and 10, Block 14, Kodiak Townsite, and replat to Lots 6A, 6B, 6C, and
6D, Block 14, Kodiak Townsite. 212, 214, & 216 Hillcrest.
BOB SCHOLZE indicated 47 public hearing notices were mailed for this case and
2 were returned, expressing concern about the stability of the hillside for further
construction, availability of adequate utility hookups, and safe access to the lots.
Staff recommended approval of this request, subject to two conditions of approval.
COMMISSIONER FRIEND MOVED TO GRANT approval of the revised
preliminary plat for the vacation of Lots 6, 7, 8, 9, and 10, Block 14, Kodiak
Townsite, and replat to Lots 6A, 6B, 6C, and 6D, Block 14, Kodiak Townsite,
subject to the conditions of approval contained in the staff report dated February 6,
P & Z Minutes: February 21, 1996 Page 5 of 10
1996 and to adopt the findings in that staff report as "Findings of Fact" for this
case.
OF APPROVAL
1. Place notes on the final plat which state:
`Due to extreme slopes, parts of these properties may be susceptible to
erosion and/ormudslides duringhcavy rains. "
"Due to severe topography, Lot 6D is undevelopable until such time as
sewer and water service is provided from the mains in Hillcrest Street to
its property line within the 15 foot wide platted access/utility easement
and until such time as improved access is provided within the same
easement. "
2. Widen the Access and Utility Easement on the flagstem portion of
proposed Lot 6B to 18.15 feet so that it covers the entire width of the
flagstem, as requested by YEA.
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: Febi ry 21, 1996 Page 6 of 10
D) Case S96-006. Request for preliminary approval of the vacation of Lots 16 and
17, Block 30, East Addition, and replat to Lots 16A and 17A, Block 30, East
Addition. 610 and 612 Rezanof Drive East.
BOB SCHOLZE indicated 27 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to one
condition.
COMMISSIONER BELL MOVED TO GRANT preliminary approval of the
vacation of Lots 16 and 17, Block 30, East Addition, and replat to Lots 16A and
17A, Block 30, East Addition, subject to the condition of approval in the staff
report dated January 31, and to adopt the findings in that staff report as "Findings
of Fact" for this case.
CONDITION OF APPROVAL
1. Obtain from the Alaska Department of Transportation, Property
Management Section, an airspace lease for the encroachment of the corner
of the house 0.8 feet into the Rezanof Drive right-of-way, or obtain a
determination from ADOT that an airspace lease is not required.
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: February 21, 1996 Page 7 of 10
E) Case 96-003. Planning and Zoning Commission review of 1993 tax foreclosed
properties.
LINDA FREED indicated that no individual public hearing notices were mailed for
this case but that it had been advertised in the local newspaper. She pointed out
that the 1991 & 1992 tax foreclosed parcel information had been copied for the
Commission, and was in their packets along with the 1993 information. She
suggested that if the Commission chose to, they could review all of the parcels
together. Staff offered several options, two of those being either to take action on
the 1993 parcels tonight, or to postpone action on the 1993 parcels until they had
the opportunity to review them more thoroughly, along with the 1991 and 1992
parcels, at a worksession. MS FREED asked that the Commission give staff a
clear indication of the direction they wished to go.
COMMISSIONER TURNER MOVED TO POSTPONE consideration of the
1993 tax foreclosed properties until the April 1996 regular meeting, to allow time
for a more complete review of the individual parcels at a worksession.
The MOTION was seconded.
Regular Session Closed.
Public Hearing Opened:
Bud Cassidy, Borough Resource Management Officer, appeared before the
Commission and stated that he felt that the idea of discussing all of the tax
foreclosed parcels together seemed practical. He felt that if the Commission
thought it was a good idea to hold a worksession for the sole purpose of
discussing this issue, prior to making a recommendation to the Assembly, he
agreed with them.
Public Hearing Closed.
Regular Session Opened.
The Commission agreed that they would like to complete this issue as soon as
possible, to avoid confusion and further delay.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
VIII. NEW BUSINESS
There was no new business.
P & Z Minutes: February 21, 1996
Page 8 of 10
IX. COMMUNICATIONS
COMMISSIONER TURNER MOVED TO ACKNOWLEDGE RECEIPT of items A
through C of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Annual Training Seminar for Commissioner's Training brochure from Alaska
Chapter of the American Planning Association, RE.- Today' Planning
Commissioner to be held on March 9, 1996 in Anchorage at the Regal Alaskan
Hotel.
B) PUBLIC MEETING NOTICE on DNR meetings to be held in Fairbanks,
Anchorage, and Juneau to receive input from Alaskans interested in the
management of Alaska's water resources.
C) Notice dated February 20, 1996 to ACMP Participants from Alaska Office of the
Governor, OMB/DGC, RE: Use of the public hearing process of the local
Planning and Zoning Commission or Assembly, as part of the ACMP consistency
review process.
There were no further communications.
X. REPORTS
LINDA FREED reviewed the upcoming worksession schedule. She suggested that the
March 27 worksession could be used to discuss the tax foreclosed properties. The
Commission agreed.
February 28 worksession - Non conforming uses & structures, and the Selief Lane"llside
rezone discussion.
March 6 worksession - Commercial fishing gear storage on RRl lots - continuing
discussion
March 13 worksession - packet review
March 20 - Regular meeting
March 27 worksession - 1991, 1992 & 1993 Tax foreclosed properties
The Commission worked with staff to determine the extent of public hearing
notices to be sent out, in order to obtain input on this issue at the worksession.
COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of reports. The
motion was seconded and CARRIED by unanimous voice vote.
There were no further reports.
P & Z Minutes: Febmary 21, 1996 Page 9 of 10
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMIVIISSIONERS' CON MENfS
CHAIR KNAUF adjourned the meeting at 8:25 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By- ,� _. c ,,
Jeff Kuf, Chair
ATTEST
By:
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: March 20, 1996
P & Z Minutes: Febmary 21, 1996 Page 10 of 10