1996-04-17 Regular Meetingr
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - APRIL 17, 1996
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by Chair Friend on April 17, 1996 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Donna Bell
Jerrol Friend
David Neshiem
Roberta Scheidler
Clarence Selig
Darlene Turner
A quorum was established.
III. APPROVAL OF AGENDA
Others Present:
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Dannewitz, Secretary
Community Development Dept.
COMMISSIONER TURNER 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 SELIG MOVED TO ACCEPT the minutes of the, March 27, 1996
Special Planning and Zoning Commission 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: April 17, 1996
Page 1 of 11
VI. PUBLIC HEARINGS
A) Case 96-009. Request for a conditional use permit, in accordance with Section
17.16.040 I (Conditional uses) of the Borough Code, to permit a temporary
fireworks stand to be located on either Lot 3, Block 1, Woodland Acres
Subdivision, OR Lot 18 OR Lot 19, Woodland Acres Subdivision, 1st Addition,
all located in the RR zoning district. 3694 Rezanof Drive East, 3746 and 3788
Sunset Drive.
BOB SCHOLZE indicated 53 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request subject to eight
(8) conditions.
COMMISSIONER BELL MOVED TO GRANT a request for a conditional use
permit in accordance with Section 17.16.040 I (Conditional uses) of the Borough
Code to permit a temporary fireworks sales stand to be located on either Lot 3,
Block 1, Woodland Acres Subdivision, OR Lot 18, OR Lot 19, Woodland Acres
Subdivision, 1st Addition, all located in the RR -Rural Residential zoning district,
from May 15th to July 7th of each year until July 7, 2001, subject to the conditions
of approval contained in the staff report dated April 1, 1996; and to adopt the
findings contained in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. This permit is valid for any one of the three parcels, as long as the
fireworks sales stand is operated by the agent. Should ownership of any of
these 3 parcels transfer to any person other than the applicant (Eugene
Erwin) for this request or his agent (Guy Denton), this CUP would become
invalid for that parcel.
2. The sale of fireworks shall be discontinued at this location by July 5th of
each year permitted by the conditional use permit.
3. The use and structure shall be removed from the lot by July 7th of each
year permitted by the conditional use permit.
4. The applicant shall provide a copy of the required State of Alaska 'Permit
for the Sale of Salable Fireworks" to the Community Development
Department for each year permitted by the conditional use permit.
5. The applicant shall agree to place "No smoking within 50 feet" and "No
fireworks to be discharged within 250 feet" signs on the premises.
6. The applicant shall agree to provide a trash receptacle on the premises for
the use of patrons.
P & Z Minutes: April 17, 1996 Page 2 of 11
7. The conditional use permit shall be valid from May 15th until July 7th of
each year permitted by the conditional use permit.
8. If signage associated with this use is to be placed within the adjacent road
right-of-way, written permission from the managing authority of the right-
of-way must be provided to the Community Development Department
prior to issuance of a zoning compliance permit.
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 94-011. Planning and Zoning Commission review and approval of a site
specific landscaping plan, required as a condition of approval for the detailed site
plan of the conditionally permitted 15 unit elderly/disabled apartment building on
Lot 6A, U.S. Survey 2538A. 514 Mill Bay Road.
Sixty (60) public hearing notices were mailed out for this case and none were
returned. BOB SCHOLZE informed the Commission that the summary statement
before them was a revision from the statement they received previously and
attached was an updated letter and a site specific landscape plan date April 17,
1996. Staff recommended approval of this request.
COMMISSIONER NESHIEM MOVED TO APPROVE the landscaping plan as
satisfying the condition of detailed site plan approval for the granting of a
conditional use permit to permit a fifteen (15) unit apartment building for elderly
and disabled on Lot 6A, USS 2538A.
The MOTION was seconded.
Regular Session Closed.
Public Hearing Opened:
P & Z Minutes: April 17, 1996 Page 3 of 11
Marty Shuravloff appeared before the Commission and mentioned that there was
one additional tree that the Kodiak Island Housing Authority would like to remove
that wasn't noted on the letter to the Commission dated April 17, 1996.
Bob Brodie, resident of Mill Bay Road, appeared before the Commission and
expressed support for this request. Mr. Brodie also expressed his appreciation for
the Commission's efforts in reviewing the project and for their attention to the
concerns of the neighborhood residents.
Steven Burnside appeared before the Commission and stated that, although he was
still not completely satisfied with the project, he felt that this plan was an
improvement over the thirty to forty unit apartment building originally planned.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case S96-012. Request for preliminary approval of the vacation of a portion of
Lot 3, Block 3, Leite Addition, and Lot 11, U.S. Survey 2873, and replat to Lots
3E and 3F, Block 3, Leite Addition; and a waiver from requirements of Section
16.40.050.B.1 (Ref. to 17.18.040.B [Lot width]) of the Borough Code, to allow
the two R1 lots to be less than the required 60 feet in width; and a waiver from
requirements of Section 16.40.050.B.8 of the Borough Code, to allow a 15 foot
wide easement to provide access for proposed Lot 3E, instead of frontage on a
dedicated public right-of-way. 1729 Mission Road.
BOB SCHOLZE indicated 26 public hearing notices were mailed for this case and
none were returned. Bob Scholze mentioned that as a result of discussion between
the Commission and the applicants at the April loth packet review worksession, a
compromise was reached which would allow this replat without reliance on a
waiver from the minimum sixty (60) foot width requirement. This would
incorporate adjacent Lot 4 into the vacation and replat. It would also require that
the driveway and utility easement across Lot 3F to the existing house on Lot 3E be
widened to a minimum width of twenty (20) feet and cover completely the existing
driveway surface to Lot 3E. Staff recommended approval of this redesigned plat
subject to two conditions.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval to the
revised plat vacating a portion of Lot 3 and Lot 4, Block 3, Leite Addition and Lot
11, U.S. Survey 2873, and replat to Lots 3E, 3F, and 4A, Block 3, Leite Addition,
subject to the conditions of approval in the supplemental staff memorandum dated
P & Z Minutes: April 17, 1996 Page 4 of I
April 15, 1996, and to adopt the findings in that memorandum as findings of fact
for this case.
CONDITIONS OF APPROVAL
1. Each of the three lots created will be a minimum of sixty (60) feet wide at
midpoint.
2. The driveway/utility easement across Lot 3F will be a minimum of twenty
(20) feet wide and will cover the entire driveway surface accessing the
house on Lot 3E and both the water and sewer services to the house on
Lot 3E.
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. While the
20 foot wide driveway easement to proposed Lot 3E does not technically
provide frontage on a dedicated public right-of-way as recommended by
K113C 16.40.050.B.8, it does meet the minimum code requirements for
flagstem width and does cover the existing driveway.
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:
Hearing and seeing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
D) Case 96-007. Planning and Zoning Commission determination, in accordance with
Section 17.03.090 B (Similar Uses) of the Borough Code, that a six (6) unit
apartment complex is similar in character and impact to the conditionally permitted
dormitory use in the PL-Public Use Land Zoning District, and; a conditional use
P & Z Minutes: April 17, 1996 Page 5 of 11 )_y 17
permit, according to Section 17.33.030C (Conditional Uses) of the Borough Code,
to permit a six unit apartment complex, (for the purpose of providing temporary
housing accommodations for visiting workers at the Near Island Research Facility)
to be located on a portion of Tract B, U.S. Survey 4947.
BOB SCHOLZE indicated seven (7) public hearing notices were mailed for this
case and one (1) was returned, opposing this request. Bob Scholze noted that the
Engineering/Facilities Department submitted a request for postponement. Staff
recommended postponement of this request until the May 15th meeting Planning
and Zoning Commission regular meeting.
COMMISSIONER SELIG MOVED TO POSTPONE action on Case 96-007,
and to schedule it for another public hearing at the May 15, 1996 Planning and
Zoning Commission regular meeting.
The MOTION was seconded.
Regular Session Closed.
Public Hearing Opened:
Hearing and seeing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
E) Case 96-008. Planning and Zoning Commission review and recommendation to
the Borough Assembly, on the disposition of a 10 acre, 1992 tax foreclosed parcel
that was declared "public purpose" in accordance with Borough Assembly
Ordinance 95-05. Parcel is to be sold to the Conservation Fund and included into
the Kodiak National Wildlife Refuge with concurrence of the former owner.
BOB SCHOLZE noted that there was a revised substituted motion in the form of a
resolution which staff had supplied and proposed that it be read and adopted as the
motion to recommend that the request be forwarded to the Assembly.
COMMISSIONER SCHEIDLER MOVED TO ADOPT the following resolution:
WHEREAS, A review of site specific attributes of the lot demonstrates that it is
not the parcel's individual value that is notable, but what the lot contributes to the
larger area of Uyak Bay coastline that is of significant value to the general
public; and
P & Z Minutes: April 17, 1996 Page 6 of 11
W
WHEREAS, This parcel is located within a resource rich area that plays a
critical and vital role in providing the residents of the communities of Larsen Bay
and Karluk subsistence resources on the order of 1,137 lbs of subsistence
resource per household These resources are caught, harvested, gathered and
shared throughout these communities, and
WHEREAS, This parcel's location along the coastline is extensively utilized by
the public for sport and subsistence hunting, sport fishing, photography, trapping
and other recreational uses, and
WHEREAS, This parcel provides critical winter deer habitat found in Uyak Bay
as identified by ADF&G and the USFWS; and
WHEREAS, This parcel is adjacent to Brown's Lagoon which is identified by
USFWS as key brown bear habitat; and
WHEREAS, This parcel is surrounded by other lands that have been acquired or
are in the process of being purchased from Komag Native Corporation to be
included into the Kodiak National Wildlife Refuge and should be managed
consistently and efficiently with other adjacent Refuge lands by the USFWS; and
WHEREAS, The Conservation Fund a non-profit organization, desires to
purchase from the Kodiak Island Borough certain property described as TL 20-02
and located in Section 20, T31S, R28W, S.M. for donation to the USFWS to be
included in the Kodiak National Wildlife Refuge; and
WHEREAS, The Kodiak Island Borough Assembly by Ordinance No. 95-05,
directed the Mayor to negotiate a sale or trade of this property to the USFWS to
be included in the Kodiak National Wildlife Refuge.
BE IT IS RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING
AND ZONING COMMISSION, that the Commission recommends that the
Kodiak Island Borough Assembly approve the sale of the lot legally described as
TL 20-02 located in Section 20, T31S, R28W, S.M. and formerly owned by Carl
A. Larsen , Sr., and acquired through the non payment of taxes is useful for the
purposes of subsistence, habitat protection, recreation, and other public values
and that it be sold to the Conservation Fund subject to the following conditions:
1. The proceeds from the sale, subject to the payment of back taxes and
penalties to the Borough, be returned to the former owner of record,•
2. That the sale price be based on the fair market value of the parcel as
determined or approved by the Borough Assessor;
P & Z Minutes: April 17, 1996 Page 7 of 11 �Lu I
C3. That the parcel become part of the Kodiak National Wildlife Refuge;
4. Yhat customary and traditional uses of wild and renewable resources
found on the parcel and access to and on the parcel as guaranteed by the
Alaska National Interest Lands Conservation Act (ANILCA) be preserved
The MOTION was seconded.
Regular Session Closed.
Public Hearing Opened:
Brad Meiklejohn, Alaska representative for the Conservation Fund, appeared
before the Commission and expressed support for this request and noted that the
Conservation Fund can easily comply with the conditions of this motion in the sale
of this property.
Bud Cassidy appeared before the Commission and said he was there to answer any
questions the Commission has regarding this case.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
A) Case S94-003. Request for a one (1) year extension of preliminary approval of the
vacation of two sixty (60) foot public access easements between Lots 17 & 18,
and between Lots 24 & 25, Sunny Cove Subdivision. Generally located on Spruce
Island.
Staff recommended approval of this extension request.
COMMISSIONER TURNER MOVED TO GRANT a one (1) year extension
(until April 17, 1997) of preliminary approval of the vacation of two sixty (60)
foot public access easements between Lots 17 & 18, and between Lots 24 & 25,
Sunny Cove Subdivision, and reconfirm the original two (2) conditions of
approval.
P & Z Minutes: April 17, 1996 Page 8 of 11
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CONDITIONS OF APPROVAL
1. The applicants and/or land owners must provide a vertical profile survey of
the existing and proposed easements on Lots 24 and 25 to the Borough
Engineering and Facilities Department for review and approval prior to
approval of a final plat.
2. If the new easement location on Lot 24 is approved by Engineering and
Facilities, the applicants and/or land owners must clear the new easement
to the extent necessary to provide an equal or superior level of access to
the surrounding properties.
The MOTION was seconded and CARRIED by unanimous roll call vote.
B) Case 96-003. Planning and Zoning Commission review of 1993 tax foreclosed
properties (postponed from the February 21, 1996 regular meeting).
Staff recommended postponement of this request until the July 17, 1996 regular
Commission meeting.
COMMISSIONER NESHIEM MOVED TO POSTPONE consideration of the
1993 tax foreclosed properties until the June 1996 regular meeting, and to
schedule it as an old business item, to allow time for a more complete review of
the individual parcels at a public worksession.
The MOTION was seconded and CARRIED by unanimous roll call vote.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of items A
through G of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Letter dated March 20, 1996 to Nestor Roy, from Tom Bouillion, RE: Alleged
Boarding House Violation on Lot 74, Block 8, Erskine Subdivision.
B) Letter dated February 23, 1996 to Linda Freed, from Walter Donat, RE: Concerns
about the structure on Lot 7, Allman & Lalande Subdivision; and letter dated
P & Z Minutes: April 17, 1996 Page 9 of 11 �L t.1 S
March 20, 1996 to Len Kimball, Building Official, from Tom Bouillion, requesting
response to Mr. Donat's February 23 letter.
C) Letter dated February 28, 1996 to Linda Freed, from Walter Donat, RE: Concerns
about parking requirements at 1720 Mill Bay Road, and letter dated March 21,
1996 to Walter Donat, from Tom Bouillion, responding to Mr. Donat's February
28 letter.
D) Letter dated March 27, 1996 to Brewster Henman, from Tom Bouillion, RE:
Alleged Occupation of Second Dwelling Unit on Lot 16, USS 3471 (37114
Chiniak Road).
E) Article from March 25, 1996 Anchorage Daily News, The Kenai, Zoning is
Overdue.
F) Letter dated April 3, 1996 to Jerome Selby from Jeff Knauf, RE: Resignation
from the Planning and Zoning Commission.
G) Letter dated April 11, 1996 to Len Grothe from Tom Bouillion. RE: Zoning
Violations, Noise Complaint - Lot 1, Block 4, Monashka Bay Subdivision (1412
Sawmill Circle).
There were no further communications.
X. REPORTS
BOB SCHOLZE reported that the April 24th, 1996 worksession is regarding the Selief
Lane rezone is scheduled to be a field trip to the Selief Lane area. The worksession will
begin at 7:30 p.m. in the Borough conference room and then move onto the Selief Lane
area from there. The May 1, 1996 worksession will address the issues of non -
conformities. Bob mentioned the Commissioner's trip to Larsen Bay to view the 1993 tax
foreclosed properties.
COMMISSIONER NESHIEM 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.
P & Z Minutes: April 17, 1996 Page 10 of 11 -.� 1i 6
XII. COMMISSIONERS' COMMENTS
COMMISSIONER SCHEIDLER expressed regret that Mr. Knauf needed to resign from
the Planning and Zoning Commission. She said that he will be missed and wished him the
best.
COMMISSIONER TURNER wished to thank Mr. Knauf for his hard work and
dedication to the Planning and Zoning Commission and agreed that he will be missed.
COMMISSIONER FRIEND also wished to thank Mr. Knauf for his hard work and
dedication to the Planning and Zoning Commission.
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 8:00 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMIS SION
By: v
7errol Friend, Chair
ATTEST
By:
7e r L. Dannewitz,
Community Development Department
DATE APPROVED: May 15, 1996
P & Z Minutes: April 17, 1996 Page 11 of 11 , n
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