1996-03-20 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - MARCH 20, 1996
MINUTES
I. 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 March 20, 1996 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Jeff Knauf, Chair
Donna Bell
Jerrol Friend
David Neshiem
Roberta Scheidler
_ Darlene Turner
Commissioners Absent:
Clarence Selig - Excused
A quorum was established.
III. APPROVAL OF AGENDA
Others Present:
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.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER FRIEND MOVED TO ACCEPT the minutes of the March 20, 1996
Planning and Zoning Commission regular meeting with corrections noted. The motion
was seconded and CARRIED by unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
P & Z Minutes: March 20, 1996 Page 1 of 13
r VI. PUBLIC HEARINGS
A) Case 96-006. Planning and Zoning Commission determination, in accordance with
Section 17.57.050 of the Borough Code, that 16 additional parking spaces
required for the proposed use of the structure located on Lots 5 & 6, Block 4,
Airpark Subdivision, can be located Lot 3, Block 4, Airpark Subdivision, a lot in
common ownership, within six hundred (600) feet. 1718, 1720 and 1812 Mill Bay
Road.
BOB SCHOLZE indicated 28 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to three
revised conditions.
COMMISSIONER FRIEND MOVED TO FIND in accordance with Section
17.57.050 of the Borough Code, that sixteen (16) additional parking spaces
required for the proposed uses on the 2nd floor of the structure located on Lots 5
& 6, Block 4, Airpark Subdivision, can be located Lot 3, Block 4, Airpark
Subdivision, a lot in common ownership within six hundred (600) feet, subject to
conditions of approval contained in the summary statement dated March 20, 1996
and to adopt the finding in the staff report dated March 7, 1996 as "Findings of
Fact" for this case.
CONDITIONS OF APPROVAL
1. The applicant will identify the sixteen (16) required parking spaces within
the improved areas available on Lot 3 as identified by staff site visit, and,
prior to issuance of zoning compliance permit to use the second story of
the structure on Lots 5 & 6 for office and storage as proposed, record a
deed restriction that will reserve the area identified for the 16 parking
spaces exclusively for this parking.
2. Prior to issuance of the certificate of occupancy, signs will be posted at
both Lots 5 & 6 and the parking area on Lot 3 clearly identifying, on Lots
5 & 6, the location of the parking, and on Lot 3, the use which the parking
area supports.
3. Prior to issuance of the certificate of occupancy for the revised use of the
second story, the designated parking area reserved by deed restriction will
be cleared of all materials, heavy equipment, and of vehicles not related to
everyday business use, and the sixteen (16) parking spaces identified by
striping or bumper stops as required by KIBC 17.57.080.H.2.
P & Z Minutes: March 20, 1996 Page 2 of 13
FINDING OF FACT
1. At 16,625 square feet, Lots 5 & 6 are fairly small relative to the size of the
large existing two-story structure on the property. With parking code
revisions that have been instituted since the building was constructed, all
available outdoor area on the property has been utilized to support required
parking for the business uses downstairs in the building. The new owner of
this old building will be restricted from fully using all of its floor area
without this determination by the Commission. This meets the intent of
what this code section was designed to do.
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 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of
the Borough Code, of Lots 14, 14A, 14B, & 15, (proposed Lot 15A) Block 3,
Leite Addition, from Rl-Single family residential to R2-Two family residential.
1619 Mission Road.
BOB SCHOLZE indicated 33 public hearing notices were mailed for this case and
2 were returned, stating non -objection to this request. Staff recommended
forwarding this request to the Assembly with a recommendation of approval.
COMMISSIONER BELL MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of Lots 14, 14A, 14B, and 15 (proposed
Lot 15A), Block 3, Leite Addition, from RI -Single family residential to R2-Two
family residential, and to adopt the findings of fact in the staff report dated
February 27, 1996, in support of this recommendation.
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
P & Z Minutes: March 20, 1996 Page 3 of 13
A rezone from RI to R2 is needed and justified because the zoning district permits
development that:
A. is in conformance with the medium/high density residential designation for
this area indicated by the Year 2000 Land Use Plan contained within the
Kodiak Island Borough Comprehensive Plan;
B. will not create nonconforming land uses in the rezone area;
C. will not create negative impacts resulting from increased traffic;
D. will not increase the density intended for these two original lots (Lot 14
and Lot 15) of Leite Addition Subdivision (one unit per original lot) and is
consistent with the historical use (until road expansion in the early 1980's)
of two dwellings on this parcel.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan
A change of zoning from RI to R2 is consistent with the objectives of the
Comprehensive plan which designates this area as medium and high density
residential.
The MOTION was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The Commission discussed the possibility that this might be interpreted as "spot
zoning" and requested that their intent be clarified, in the Assembly Agenda
Statement, that all of Block 3 in Leite Addition, and other R1 zoned properties
adjacent to Mission Road and northeast of 17th Avenue, be investigated for
possible rezoning to R2.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case S96-009. Request for preliminary approval of the vacation of Lots 14, 14A,
14B and 15, Block 3, Leite Addition, and replat to Lot 15A, Block 3, Leite
P & Z Minutes: March 20, 1996 Page 4 of 13
Addition, and vacation of an eight (8) foot wide access easement. 1619 Mission
Road.
BOB SCHOLZE indicated 33 public hearing notices were mailed for this case and
2 were returned stating non -objection. Staff recommended approval of this
request subject to one condition.
COMMISSIONER NESHEIM MOVED TO GRANT preliminary approval of
the vacation of Lots 14, 14A, 14B, and 15, Block 3, Leite Addition, and replat to
Lot 15A, Block 3, Leite Addition, and vacation of an eight (8) foot wide access
easement, subject to the condition of approval contained in the staff report dated
March 6, 1996 and to adopt the findings in that staff report as "Findings of Fact'
for this case.
OF APPROVAL:
1. Kodiak City Council approval of the vacation of the eight (8) foot wide
access easement on Lot 15.
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.
D) Case S96-008. Request for preliminary approval of the vacation of Lot 6, Block
9, Woodland Acres Subdivision, 5th Addition, and Lot 8A, Block 1, Kadiak
Alaska Subdivision, 1st Addition, and replat to Lots 6A, Block 9, Woodland Acres
P & Z Minutes: March 20, 1996 Page 5 of 13
Subdivision, 5th Addition, and Lot 8A-1, Block 1, Kadiak Alaska Subdivision, 1st
Addition, vacation of the 20 foot utility easement along the rear lot line of Lot 6,
and vacation of a plat note prohibiting the further subdivision of Lot 8A. 3547
Sharatin Road and 300 Teal Way.
BOB SCHOLZE indicated 54 public hearing notices were mailed for this case and
1 was returned, stating non objection to this request. Staff recommended approval
of this request, subject to two conditions.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the
vacation and replat of Lot 6, Block 9, Woodland Acres Subdivision, 5th Addition,
and Lot 8A, Block 1, Kadiak Alaska Subdivision, 1st Addition, and replat to Lots
6A, Block 9, Woodland Acres Subdivision, 5th Addition, and Lot 8A-1, Block 1,
Kadiak Alaska Subdivision, 1st Addition; vacation of the twenty (20) foot wide
utility easement along the rear lot line of Lot 6; and vacation of a plat note
prohibiting the further subdivision of Lot 8A, subject to the conditions of approval
in the summary statement dated March 20, 1996 and to adopt the findings in the
staff report dated March 4, 1996 as "Findings of Fact' for this case.
CONDITIONS OF APPROVAL
1. Place notes on the final plat as follows:
'lots 8A-1 and 6A shall not be further subdivided "
"Naturally occurring pondAvetland areas shall not be filled or excavated
without Corps of Engineers authorization. "
2. Assembly approval of the vacation of the twenty (20) foot wide utility
easement on the rear lot line of proposed Lot 6A.
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.
P & Z Minutes: March 20,1996 Page 6 of 13
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 S94-038. Request for preliminary approval of the vacation of Lots 5 & 6,
Block 1, Mt. View Subdivision, 1st Addition, and replat to Lots 5A and 6A, Block
1, Mt. View Subdivision, 1st Addition. 1637 and 1819 Three Sisters Way.
BOB SCHOLZE indicated 39 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to one
condition.
COMMISSIONER SCHEIDLER MOVED TO GRANT preliminary approval of
the vacation of Lots 5 & 6, Block 1, Mt. View Subdivision, 1st Addition, and
replat to Lots 5A and 6A, Block 1, Mt. View Subdivision, 1st Addition, subject to
the condition of approval contained in the staff report dated March 4, 1996 and to
adopt the findings contained in that staff report as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. Provide a utility easement five (5) feet wide in the northeast corner of
proposed Lot 5A extending twenty-five (25) feet from the front lot line
down the lot line common to proposed Lots 5A and 6A for underground
service wires and pole anchor as requested by KEA.
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.
P & Z Minutes: March 20, 1996 Page 7 of 13 �_ 10
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.
F) Case S96-010. Request for preliminary approval of the subdivision of Lot 22,
U.S. Survey 3099, creating Lots 22A, 22B, 22C, 22D, & 22E U.S. Survey 3099.
2616 Spruce Cape Road.
BOB SCHOLZE indicated 38 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to five
conditions.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the
subdivision of Lot 22, U.S. Survey 3099, creating Lots 22A, 22B, 22C, 22D, &
22E, U.S. Survey 3099, subject to the conditions of approval contained in the staff
report dated March 5, 1996 and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
Install utility improvements consisting of sewer stubouts to proposed Lots
22A, 22B, and 22C prior to final plat approval, as required by KIBC
Section 16.70.020.A.2.
2. Submit a grading plan to the KIB Engineering/Facilities Department for
review and approval prior to final plat approval demonstrating that a
suitable building site can be developed on proposed Lot 22A as required by
KIBC Section 16.40.050.A.
Submit for Engineering/Facilities Department review and approval a
drainage plan for this subdivision prior to final plat approval.
4. Provide confirmation from ADEC that the existing six (6) inch sewer line in
the proposed utility easement along the southeast lot line of proposed Lot
22E is adequate to also provide service to proposed Lots 22A, 22B, and
22C. If this six (6) inch sewer is not adequate to serve the three additional
properties, upgrade it to an eight (8) inch line.
P & Z Minutes: March 20, 1996 Page 8 of 13 �)-'l
5. Remove 3 old sheds currently on Lot 22.
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.
G) Case S95-015. Request for a waiver, of the requirements of Section 16.70.020.2
& 3 Prerequisites to Approval, of the Borough Code, which requires that, when
properties proposed for subdivision are not located adjacent to existing sewer and
water mains, subouts will be provided to the individual lots created, prior to final
plat approval. Lot 7A (proposed Lots 7A-1, 7A-2, 7A-3, and 7A-4), Block 1,
Kadiak Alaska Subdivision, 1st Addition.
BOB SCHOLZE indicated 17 public hearing notices were mailed for this case and
one was returned, opposing this request. Staff concurred with the
recommendation of the Facilities/Engineeering Department to deny this request.
CONMSSIONER FRIEND MOVED TO GRANT a waiver from the
requirements of Section 16.70.020.2 and 3 (Prerequisites to Approval) of the
Borough Code (which requires that, when properties proposed for subdivision are
not located adjacent to existing sewer and water mains, stubouts will be provided
to the individual lots created, prior to final plat approval) on Lot 7A (proposed
Lots 7A-1, 7A-2, 7A-3, and 7A-4), Block 1, Kadiak Alaska Subdivision, 1st
Addition.
P & Z Minutes: March 20, 1996 page 9 of 13 -1 C1
l 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 FAILED by unanimous roll call vote.
COMMISSIONER FRIEND MOVED TO ADOPT the findings in the staff
report dated March 6, 1996, as "Findings of Fact" in support of the denial of the
request for a waiver from requirements, in Case S95-015.
FINDINGS OF FACT
1. No justification is presented why, in this case, the subdivider should not be
required to provide sewer and water stubouts to the individual lots being
created by the subdivision as required by KIBC Section 16.70.020.2 and 3.
A waiver cannot be granted by the Commission from design requirements,
but only from the requirement to provide stubouts to individual lots, which
applies equally to Rl, R2 and R3 zoning.
2. Nothing indicates that this tract is so unusual in size or shape, or is
surrounded by such development or unusual conditions that strict
application of the requirement to provide sewer and water stubouts to
individual lots created by the subdivision would result in real difficulties or
substantial hardship or injustice. In many recent cases, other developers
with similar subdivision projects have been required to absorb the expense
of stubout installation as a part of development costs. To not require the
applicant to provide sewer and water stubouts to individual lots in this
subdivision is an injustice to these other subdividers.
3. KIBC Section 16.110.010 (Waiver from requirements) states that the
public welfare and interests of the Borough must be protected in the grant
of a waiver. If services are not provided to individual lots at one time prior
to final plat approval, unscheduled and intermittent sewer and water
stubout installations in the future with attendant road excavations could
potentially disrupt traffic over extended periods and cause unnecessary
damage to the infrastructure. In addition, the welfare of a potentially
P & Z Minutes: March 20, 1996 Page 10 of 13 a')-
unwitting public as consumer is better protected if there is a full awareness
prior to purchase of all development costs.
The motion was seconded and carried by unanimous roll call vote.
VII. OLD BUSINESS
A) S94-004. Request for a two year extension of preliminary approval of the vacation
of Lots 25A-1 and 25B-1, Russian Creek Alaska Subdivision, and replat to Lots
25A-lA and 25B-IA, Russian Creek Alaska Subdivision. 11652 and 11690
Rezanof Drive West.
BOB SCHOLZE indicated the applicant needed additional time to finalize this plat.
Staff recommended approval of this extension request.
COMMISSIONER SCHEIDLER MOVED TO GRANT a two (2) year extension
of preliminary approval of the vacation and replat of Lots 25A-1 and 25B-1,
Russian Creek Alaska Subdivision, creating Lots 25A-IA and 25B-lA, Russian
Creek Alaska Subdivision, and reconfirm the original two (2) conditions of
approval.
CONDITIONS OF APPROVAL
1. Show the width of the vacated portion on the final plat.
2. Show the right-of-way width for Rezanof Drive on the final plat.
The MOTION was seconded and CARRIED by unanimous roll call vote.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A
through F of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Article from February 10, 1996 edition of the San Diego Union -Tribune, RE:
Zoning regulations concerning second dwelling units ("granny flats") on homes in
the single-family residential zoning district.
P & Z Minutes: March 20, 1996 Page 11 of 13 '
B) Letter dated March 6, 1996 to Jesus and Luz Casanova, from Tom Bouillion, RE:
t Storage of Junk Vehicles on Lot 16, Block 2, Aleutian Homes Subdivision, 515
Maple Street.
C
C) Letter dated March 12, 1996 to Luther Lechner, from Tom Bouillion, RE: Illegal
Fishing Gear Storage/Junk Storage on Lot 6A, Block 4, Bells Flats Alaska
Subdivision.
D) Letter dated March 15, 1996 to Patilou Raymundo, from Tom Bouillion, RE:
Alleged Boarding House Violation on Lot 12, Block 1B, Alderwood Subdivision.
E) Letter dated March 14, 1996 to Nestor Roy, from Tom Bouillion, RE: Alleged
Boarding House Violation on Lot 74, Block 8, Erskine Subdivision.
F) Article from March, 1996 Western Planner, RE: DO'S AND DON'TS FOR
PLANNING COMMISSIONERS
There were no further communications.
X. REPORTS
BOB SCHOLZE reported that the March 27 meeting had been reserved for discussion of
the tax foreclosed properties. He also noted that the April 3 worksession would consist of
discussion of the fishing gear storage issue on RRl lots, and of possible revisions to the
non -conforming uses and structures section of the Borough Code.
COMMISSIONER FRIEND 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
XIII. ADJOURNMENT
CHAIR KNAUF adjourned the meeting at 8:10 p.m.
P & Z Minutes: March 20, 1996
Page 12 of 13
KODIAK ISLAND BOROUGH
PLANNING AND ZONING
M.
ATTEST
By: �; . as��� — —
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: May 15, 1996
Acting Chair
P & Z Minutes: March 20, 1996
Page 13 of 13