1996-06-19 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JUNE 19, 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 Friend on June 19, 1996 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Jerrol Friend, Chair
Donna Bell
David Neshiem
Roberta Scheidler
Darlene Turner
Commissioners Absent:
Clarence Selig - Excused
Marty Shuravloff - Excused
A quorum was established.
III. 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 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 NESHEIM MOVED TO ACCEPT the minutes of the May 15, 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
There were no audience comments or appearance requests.
P & Z Minutes: June 19, 1996
Page 1 of 14 5
r VI. PUBLIC HEARINGS
A) 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 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,
generally located on Near Island. (postponed from the April 17, and May 15,
1996 regular meetings).
BOB SCHOLZE indicated 7 public hearing notices were mailed for this case and
2 were returned, opposing this request. Staff recommended approval of the
similar use determination, approval of the conditional use permit, and approval of
the detailed site plan.
COMMISSIONER TURNER MOVED TO FIND that a six -unit apartment
complex providing temporary housing for visiting workers and research students
_ at the Near Island Research Facility is similar in character and impact to the
conditionally permitted dormitory use in the PL-Public Use Land zoning district,
and to adopt the findings contained in the staff report dated June 7, 1996 as
"Findings of Fact" for this case.
FINDINGS OF FACT:
1. Residential apartments and housing complexes have historically been
developed on public lands, usually, as in this case, as an accessory use to a
permitted institutional use. The character and impact on surrounding
property and uses of a limited number of one and two bedroom accessory
residential units providing temporary housing is similar to that of multiple -
occupancy dormitory rooms which may have only a single common
kitchen but an unlimited number of beds and therefore potential residents.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
P & Z Minutes: June 19, 1996 Page 2 of 14 �, =.
Steve Hobgood, Director of Engineering/Facilities Department, appeared before
the Commission and encouraged them to approve this request. He outlined the
purpose of the facility and the entities that would be housed there.
Scott Smilev, Director of the University of Alaska Fishery Industrial Technology
Center, appeared before the Commission and encouraged them to approve this
request.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
COMMISSIONER TURNER MOVED TO GRANT a request for a conditional
use permit in accordance with Section 17.33.030.0 of the Borough Code to permit
a six -unit apartment housing complex to provide temporary housing
accommodations for visiting research workers and students at the Near Island
Research Facility to be located on a portion of Tract B, U.S. Survey 4947; subject
to the condition of approval contained in the staff report dated June 7; and to
adopt the findings contained in the staff report dated June 7, 1996 as "Findings of
Fact" for this case.
CONDITIONS OF APPROVAL
1. Provision of a fifty (50) foot wide access and utility easement across the
northwest corner of Tract A for the benefit of Tract B covering the access
road from Trident Way to the Research Facility.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit,
character and integrity of the surrounding area
This six -unit apartment complex is designed specifically to provide
housing for staff, researchers and students involved with the function and
operation of the Near Island Research Facility. As such, it is an accessory
use that has been determined to be similar to a conditionally permitted
dormitory use directly supporting use of the research facility for
educational and institutional purposes, as prescribed by the description and
intent of the PL-Public Use Lands zoning district (KIBC 17.33.020). This
preserves the value, spirit, character and integrity of the surrounding area
which consists of other public use lands and the existing Fisheries
Technology Center on the adjacent tract.
P & Z Minutes: June 19, 1996 Page 3 of 14 n
�-h 1
17 67 05 B. That the conditional use fulfills all other requirements of this
chapter pertaining to the conditional use in question
Based on the site plan and other supporting documentation, it appears that
the conditional use permit will fulfill the requirements of Chapters 17.67
(Conditional Use Permits). The impact of this proposed conditional use
can be mitigated, if deemed necessary, by application of controls and
safeguards to assure compatibility. However, given the large size of the
tract, the remoteness of the site, and its proximity to the existing Fisheries
Technology Center as well as the proposed Near Island Research Facility,
the proposed conditional use, accessory to the educational purposes of
these university -sponsored facilities, supports the general function and
enhances the overall success of the research facility with minimal impacts
to the surrounding area.
17.67.05 C. That granting the conditional use permit will not be harmful
to the public health. safety. convenience and comfort.
The granting of the conditional use permit will not be harmful to the
public health, safety, convenience and comfort. There are no existing --or
even potential, given the zoning of the area --residential or commercial
developments nearby that might conflict with either the research facility or
the housing complex.
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.
This is a largely undeveloped area. Maximum retention of natural
vegetation, in combination with the site's topography and the relative
remoteness well away from any residential or commercial development
serve to adequately control any negative offsite impacts. The setback
requirements for all yards in the PL zoning district is twenty-five (25) feet,
providing sufficient space and separation between this housing complex
and the research facilities on this and the adjacent tract, all of which serve
a common educational research purpose and are mutually complementary.
17.67.05 E. If the permit is for a public use or structure, the commission
must find that the proposed use or structure is located in a manner which
will maximize public benefits.
P & Z Minutes: June 19, 1996 Page 4 of 14
hi its function as staff/student residence similar to a dormitory, the
housing complex can be seen to enhance the research function of the
facility by allowing researchers to live adjacent to their projects and the
resources and information the research relies on. This would maximize
the benefit to the public of research into fisheries and marine mammal life
cycles and environment. If not a principal focus of the research
conducted, at least a residual result of it, will be a better understanding of
how to more efficiently harvest and market the state fishery resource,
clearly a general public benefit to all Alaskans.
The motion was SECONDED and CARRIED by unanimous roll call vote.
COMMISSIONER TURNER MOVED TO APPROVE the detailed site plan as
submitted, dated May 30, 1996, for the Near Island Research Facility, according
to KIBC 17.33.020.
The motion was SECONDED and CARRIED by unanimous roll call vote.
B) Case S96-015. Request for preliminary approval of the vacation of Blocks 41 and
42, East Addition Subdivision, and portions of 12th Avenue and Simeonoff Street
right-of-ways, and replat to Municipal Tract A, U.S. Survey 2538B.
BOB SCHOLZE indicated 118 public hearing notices were mailed for this case
and none were returned. Staff recommended approval of this request subject to
one condition.
COMMISSIONER NESHEIM MOVED TO GRANT preliminary approval of
the vacation of Blocks 41 and 42, East Addition Subdivision, and portions of 12th
Avenue and Simeonoff Street right-of-ways, and replat to Municipal Tract A, U.S.
Survey 2538B, subject to the condition of approval contained in the staff report
dated May 23, 1996, and to adopt the findings contained in that staff report as
"Findings of Fact" for this case.
CONDITION OF APPROVAL
1. Vacation of portions of 12th Avenue and Simeonoff Street right-of-ways
is subject to City of Kodiak Council approval.
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.
P & Z Minutes: June 19, 1996 Page 5 of 14 -1 C q
r2. 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 96-011. Planning and Zoning Commission review and approval, in
accordance with Section 17.33.020 Permitted Uses, of the Borough Code, of a
detailed site plan for a proposed City Parks and Recreation office building, which
includes a comfort station and maintenance garage, in Baranof Park.
BOB SCHOLZE indicated 118 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 APPROVE the detailed site plan
(dated June 10, 1996) for a proposed City Parks and Recreation park facility
consisting of offices, comfort stations, and a maintenance garage, to be located on
proposed Municipal Tract A, U.S. Survey 2538B, subject to the condition of
approval in the staff report dated June 7, 1996, and to adopt the finding in that
staff report as "Findings of Fact" for this request.
CONDITION OF APPROVAL
1. Remove existing restroom facility and existing maintenance shed from the
25 foot setback along the unnamed alley.
FINDING OF FACT
1. This proposed facility will not only consolidate and upgrade existing park
facilities, but will also eliminate encroachment of existing structures into
the 25 foot setback. It is consistent with permitted uses (KIBC 17.33.020)
P & Z Minutes: June 19, 1996 Page 6 of 14 a7 O
f in the PL-Public Use Lands district, including parks and playgrounds and
[ offices for local government.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Ian Fuln. Director of the City Parks and Recreation Department, appeared before
the Commission to explain the City's plans, to encourage approval of the request,
and to answer questions.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
D) Case S96-016. Request for preliminary approval of the subdivision of Lot 5,
Block 5, Miller Point Alaska Subdivision, 1st Addition, creating Lots 5A and 5B,
Block 5, Miller Point Alaska Subdivision, 1st Addition. 3391 Eider Street.
BOB SCHOLZE indicated 52 public hearing notices were mailed for this case and
one was returned, expressing no objection to this request. Staff recommended
approval of this request.
COMMISSIONER BELL MOVED TO GRANT preliminary approval of the
subdivision of Lot 5, Block 5, Miller Point Alaska Subdivision, 1st Addition,
creating Lots 5A and 5B, Block 5, Miller Point Alaska Subdivision, 1st Addition,
subject to the conditions of approval contained in the staff report dated May 28,
1996, and to adopt the findings in that staff report as "Findings of Fact" for this
case.
CONDITIONS OF APPROVAL
1. Prior to final plat approval, the existing sewer line to the house on
proposed Lot 5A will be capped and the sewer service moved, as indicated
on the preliminary plat, or a 20 foot wide sewer easement provided across
proposed Lot 5B, for the benefit of Lot 5A.
2. The existing driveway must be reconstructed to meet KIB Code 15.26
requirements, according to Engineering/Facilities recommendations.
P & Z Minutes: June 19, 1996 Page 7 of 14
�^ 3. The side lot line common to proposed Lots 5A and 5B must be a minimum
t of five (5) feet from the northwest corner of the storage building on
proposed Lot 5A in order to meet the sideyard setback requirement of the
zoning district.
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:
Judy Kendrick, applicant, appeared before the Commission and stated that they
intend to comply with all of the conditions of approval, and encouraged approval
of the request.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
E) Case S96-017. Request for preliminary approval of the subdivision of U.S.
Surveys 2258 and 2972, creating Lots 1 through 7, Raspberry Strait Subdivision.
BOB SCHOLZE indicated 17 public hearing notices were mailed for this case and
4 were returned, opposing this request. The letters of opposition were received
from residents of the Raspberry Strait/Selief Bay area, all expressing concern
about the density of cabins and/or lodges that could occur should the subdivision
be approved. Staff recommended approval of this request subject to conditions.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the
subdivision of U.S. Surveys 2258 and 2972, creating Lots 1-7, Raspberry Strait
Subdivision, subject to the conditions of approval contained in the staff report
dated May 29, 1996 and to adopt the findings in that staff report as "Findings of
Fact' for this case.
P & Z Minutes: June 19, 1996 Page 8 of 14
rCONDITIONS OF APPROVAL
1. The 10 ft. x 30 ft. abandoned mobile home encroaching approximately 15
feet into the northerly side yard setback of proposed Lot 2 (common with
proposed Lot 1) must be moved out of the required 25-foot setback or
demolished prior to final plat approval.
2. Either show the approximate location of the historic trail on the frtal plat,
and place a plat note stating: "There shall be a 20 foot wide access
easement for pedestrian use centered on the historic trail indicated on the
USGS map, wherever the trail bisects Lots 1 through 7", or in the
alternative, plat a 20 foot wide access easement for pedestrian use along
the rear lot lines of Lots 1-7.
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
Regular Session Closed.
Public Hearing Opened:
Eric Brown, agent for the applicant, appeared before the Commission to answer
questions and to express his respect for the concerns of those opposing the
subdivision. He stated that to address those concerns, the applicant planned to
place a deed restriction on the sale of each property, (except the parcel that the
applicant intended to retain, upon which he plans to open a hunting/fishing, and
photography/sight seeing lodge) restricting the use of each parcel to recreational
uses only, as well as placing a non -competition clause in each sales contract. Mr.
Brown reassured the Commission that the applicant was also very concerned
about the density of the area and about protecting the environment. He agreed
with the proposed conditions and stated that the applicant had no problems with
them.
Mrs. Gutchen, owner of Silver Salmon Lodge in Selief Bay, called in to express
her concern about the potential development of seven more lodges in the bay, as
P & Z Minutes: June 19, 1996 Page 9 of 14 i '13
well as the potential for unsafe moorage and increased foot traffic across private
parcels.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SCHEIDLER stated that because it was consistent with
Borough Code, she intended to vote in favor of the subdivision. She added that
she was in favor of developing a comprehensive plan in the Raspberry Strait area
that would address the increased population and development in the area.
Upon request from CHAIR FRIEND, Linda Freed commented that the
Commission could certainly develop such a plan, however the current workload of
the Commission would place it as a low priority. She also reminded the
Commission that they had recently (within the past two years) completed a fairly
comprehensive re -write of the C-Conservation zoning district and that the
Commission and the Assembly agreed at that time not to increase the minimum
lot size in that zoning district, which would inherently decrease the density. They
also agreed not to change the maximum lot coverage (number and size of
buildings on lots). She added that Uyak Bay and Olga Moser Bay, as well as
other areas around the island were also experiencing similar development
problems. Ms. Freed suggested that if the Commission wished to address their
concerns, they might use the re -write of the Kodiak Island Borough Coastal
Management Program for that purpose. However, she stressed that unless there
was a policy decision that the Borough wished to deal with the density issue in
remote areas, it was likely that this situation would occur again in the future.
COMMISSIONER TURNER stated that she also intended to vote in favor of the
subdivision because it was consistent with Borough Code. She added that she had
reservations about development in remote areas of the Borough. She felt that the
Commission should re -visit the issue of remote development restrictions and
increasing minimum lot sizes to reduce density. COMMISSIONER TURNER
felt that it would only get worse in the future.
COMMISSIONERS SCHEIDLER and FRIEND agreed with those comments.
The question was called and the motion CARRIED by unanimous roll call vote.
F) Case S95-015. Request for preliminary approval of the revised plat of the
subdivision of Lot 7A, Block 1, Kadiak Alaska Subdivision, 1st Addition,
creating Lots 7A-1 through 7A-4, Block 1, Kadiak Alaska Subdivision, 1st
Addition. 3469 Sharatin Road.
P & Z Minutes: June 19, 1996 Page 10 of 14 1V
BOB SCHOLZE indicated 17 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request, subject to
conditions.
COMMISSIONER SCHEIDLER MOVED TO GRANT preliminary approval of
the subdivision of Lot 7A, Block 1, Kadiak Alaska Subdivision 1st Addition,
creating Lots 7A-1, 7A-2, 7A-3, and 7A-4, Block 1, Kadiak Alaska Subdivision,
1st Addition (according to the revised preliminary plat dated May 28, 1996),
subject to the conditions of approval in the staff report dated May 28, 1996, and to
adopt the findings in that report as "Findings of Fact" in support of this decision.
CONDITIONS OF APPROVAL
1. Confirm that all lots contain a minimum of 8,000 square feet of
contiguous developable area exclusive of flagstems and wetland areas as
identified on the maps prepared by the USFWS, or based on revised
wetlands delineations prepared by the Corps of Engineers or applicable
change in COE nationwide wetlands permitting.
2. Place a note on the plat stating: "In the course of developing individual
lots in this subdivision, the naturally occurring pond/wetland areas shall
_- not be filled or excavated." In addition, the extent of the wetland areas, as
identified on the maps prepared by the USFWS located in the CDD, or a
revised delineation of the wetland area by the Corps of Engineers, shall be
indicated on the final plat.
3. Place a note on the plat stating: "Further subdivision of Lots 7A-2 and 7A-
3 is prohibited."
4. Place a note on the plat stating: "Driveway access to Lots 7A-1 and 7A-2
is restricted to the Perenosa Drive right-of-way."
5. The access easement identified on the flagstems of proposed Lots 7A-2
and 7A-3 is to be removed, since access to Lot 7A-2 is from Perenosa
Drive.
6. Sewer and water service lines shall be installed to Lots 7A-1, 7A-2, and
7A-3, prior to final recording of the plat. The installation shall be
consistent with approved Service District No. 1 utility plans for this area,
or a specific alternative service plan approved by the Service District No.
1 Board of Supervisors. Final review of the plat by the Planning and
Zoning Commission is necessary if additional easements are required to
support an approved alternative utility service plan.
P & Z Minutes: June 19, 1996 Page 11 of 14
7. Show on the final plat the platted (per Plat 95-12) utility easements on the
perimeter of existing Lot 7A (5 feet wide on the front and side lot lines,
and 10 feet wide on the rear lot line).
FINDINGS OF FACT
1. This plat, with conditions, meets the minimum standards of survey
accuracy and proper preparation of plats required in Title 16 of the
Borough Code.
2. This plat, with conditions, 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.
VII. OLD BUSINESS
A) Planning and Zoning Commission review and approval of Amended Plat #96-12,
changing that portion of note number 1 to read: "...calcuated from the rear lot lines
of Lots 1 and 4, Block 12." Lots 1-4, Block 12, Lots 9-27, Block 13, and Tract E-
1, Woodland Acres Subdivision, 8th Addition.
Staff recommended approval of this request.
COMMISSIONER BELL MOVED TO APPROVE Amended Plat #96-12,
changing that portion of note number 1 to read: "...calcuated from the rear lot lines
of Lots 1 and 4, Block 12." Lots 1-4, Block 12, Lots 9-27, Block 13, and Tract E-
1, Woodland Acres Subdivision, 8th Addition.
P & Z Minutes: June 19, 1996
Page 12 of 14
rThe motion was SECONDED and CARRIED by unanimous voice vote.
B) Planning and Zoning Commission direction to staff, addressing violation cases
96-001, and 96-002, concerning illegal storage of commercial fishing gear on
RRl property. Enforcement was postponed until July, 1996, pending possible
revisions to the RRl section of the Borough Code, or review of the 1989 Report
of the Gear Storage Task Force. Lot 11, Block 3, Bells Flats Alaska Subdivision
and Lot 3, Block 1, Monashka Bay Alaska Subdivision.
Linda Freed stated that staff needed direction on what to do with these two cases.
The cases either need to (1) be put on the July agenda and further enforcement
postponed until a certain time, or discontinue the postponement and direct staff to
continue enforcement, or (2) if no Commission action was taken, staff would
proceed with the enforcement deadline of July 17, 1996.
The Commissioners discussed the issue and directed staff to place both cases on
the July agenda as Old Business Items, and to notify the applicants that the cases
would be discussed at that meeting.
VIIL NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER TURNER MOVED TO ACKNOWLEDGE RECEIPT of items A
through D of communications. The motion was SECONDED and CARRIED by
unanimous voice vote.
A) Letter dated May 16, 1996 to Luther Lechner from Tom Bouillion, RE: Gear and
Junk Clean-up on Lot 6A, Block 4, Bells Flats AK Subdivision.
B) Spring 1996 edition of The Commissioner, an APA publication.
C) CDD Plat Log, November 1994 through May, 1996.
D) Assembly Newsletter from June 6, 1996 Borough Assembly Meeting
There were no further communications.
X. REPORTS
Linda Freed reminded the Commission that the June 26 worksession would be focusing
on the review of the non -conforming section of the code. She encouraged them to attend
P & Z Minutes: June 19, 1996 Page 13 of 14 7-1
f so they would have a third draft ready to mail to the public prior to the September 26
worksession.
COMMISSIONNER NESHEIM 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 was no one in the audience.
XII. COMMISSIONERS' COMMENTS
The Commission generally made out -of -order comments, and flew paper airplanes
around the room.
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 8:25 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING Ge&MSSION
Un
ATTEST
By: C;,�—O"Lt�
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: July 17, 1996
Jerrol Friend, Chair
P & Z Minutes: June 19, 1996 Page 14 of 14