1996-08-14 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - AUGUST 14, 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 August 14, 1996 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present: Others Present:
Jerrol Friend, Chair
Linda Freed, Director
Donna Bell
Community Development Dept.
David Nesheim
Eileen Probasco, Secretary
Roberta Scheidler
Community Development Dept.
Clarence Selig
Marty Shuravloff
Commissioners Absent:
Darlene Turner - Excused
A quorum was established.
III. APPROVAL OF AGENDA
COMMISSIONER NESHEIM MOVED TO ACCEPT the agenda as presented 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 July 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
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
P & Z Minutes: August 14, 1996
Page 1 of 8
Q-
A) Case S96-021. Request for preliminary approval of the subdivision of U.S.
Survey 2897, creating Lots 1-25, McCord Ranch Subdivision. Generally located
in McCord Bay, on Sitkalidak Island (postponed from the July 17,1996 regular
meeting).
LINDA FREED indicated 12 public hearing notices were mailed for this case and
2 were returned, one from KONIAG and one from the Old Harbor Native
Corporation, both expressing concern about this request. Staff suggested that, if
the applicant concurred, the Commission consider postponing action on this
request until the September 1996 regular meeting, to allow time to review the
concerns of those commenting.
COMMISSIONER SELIG MOVED TO AMEND the preliminary approval of
the subdivision of U.S. Survey 2897, creating Lots 1-25, McCord Ranch
Subdivision, by revising the conditions of approval for this subdivision as
contained in the summary statement dated August 5, 1996.
CONDITIONS OF APPROVAL (as amended in summary statement)
I.A. Documentation that the proposed fear lots :,1,.«tAe,las; ha-'
edeminately steep slopes
Y~ ..1./.. vA..«4 /«....«,.....A^ T^^t.. 7!1 A 71\ ..- ..:..~ ..
.. ar ... an ...e:s (�p.� meets 20 and 20 can meet ADEC
requirements for water and wastewater disposal
--
pfei4ding a usable and aesessible building site as required by KIBC
Section 16.70.020.B. and KIBG Seetieft 16.4 A .
LB A site visit to the property has confirmed that each lot provides a
usable and accessible building site as required by KIBC Section
16.40.050.A. with the addition of the following easements:
i. A twenty (20) foot wide, 450 foot long access easement centered
on the lot line between Lots 16 and 17, for the benefit of these
lots.
ii. A twenty (20) foot wide, 400 foot long (from tide water) access
easement, adjacent to Lot 14 on Lot 2, for the benefit of Lot 14.
iii. A twenty (20) foot wide, approximately 800 foot long access
easement following the sidehill slope, to be field located, across
Lots 9 and 10, for the benefit of Lots 9,10, and 11.
P & Z Minutes: August 14, 1996 Page 2 of 8
r iv. Field locate the most appropriate location for the fifty (50) foot
wide, private road easement, from tide water, across Lot 2.
This is the primary access for all lots in the subdivision.
2. Obtain a letter of jurisdiction from the Corps of Engineers as to the extent
of regulated wetlands located on the property, as required by KIBC
Section 16.70.020.A.5.
.. . _
43. Provide appropriate deeds and written agreements and covenants to meet
the requirements of KIBC Section 16.40.080 (private roads).
34. Place a note on the plat that natural water courses shall not be blocked or
impeded as required by KIBC Section 16.70.020.A.5. And that further,
in order to protect these water courses, as important drainage
features and sources of potable water, place a note on the plat stating;
"In the course of developing individual lots in this subdivision,
naturally occurring ponds, wetlands and drainage courses shall not be
filled or excavated. Roads and driveways crossing these natural
features shall minimize impacts to water courses. "
65. Document that each lot has access to an adequate amount of potable water
for domestic purposes as required by KIBC Section 16.70.020.13.
76. This subdivision is exempt from the street improvements required in
KIBC Chapter 16.70 prior to filing since the lots have little probability of
connection to an existing road system (per KIBC Section 16.70.020.C).
However, when road improvements are made they shall meet the
requirements of private roads as required by KIBC Section 16.80.030.C.
97. Obtain documentation from BLM as to the public access status of the
wagon road shown on the original U.S. Survey of this property. In the
event it is determined that the public has a right of access along this road,
it shall be noted on the plat, as provided by KIBC Section 16.40.070.
.8. The two (2) double frontage lots created by this subdivision are allowed as
a result of the topography of the site, per KIBC Section 16.40.050.13.2, as
the historical travelways located on the property have resulted from this
topography.
The motion was SECONDED.
P & Z Minutes: August 14, 1996 Page 3 of 8
43. Provide appropriate deeds and written agreements and covenants to meet
the requirements of KIBC Section 16.40.080 (private roads).
34. Place a note on the plat that natural water courses shall not be blocked or
impeded as required by KIBC Section 16.70.020.A.5. And that further,
in order to protect these water courses, as important drainage
features and sources of potable water, place a note on the plat stating;
"In the course of developing individual lots in this subdivision,
naturally occurring ponds, wetlands and drainage courses shall not be
filled or excavated. Roads and driveways crossing these natural
features shall minimize impacts to water courses. "
65. Document that each lot has access to an adequate amount of potable water
for domestic purposes as required by KIBC Section 16.70.020.13.
76. This subdivision is exempt from the street improvements required in
KIBC Chapter 16.70 prior to filing since the lots have little probability of
connection to an existing road system (per KIBC Section 16.70.020.C).
However, when road improvements are made they shall meet the
requirements of private roads as required by KIBC Section 16.80.030.C.
97. Obtain documentation from BLM as to the public access status of the
wagon road shown on the original U.S. Survey of this property. In the
event it is determined that the public has a right of access along this road,
it shall be noted on the plat, as provided by KIBC Section 16.40.070.
.8. The two (2) double frontage lots created by this subdivision are allowed as
a result of the topography of the site, per KIBC Section 16.40.050.13.2, as
the historical travelways located on the property have resulted from this
topography.
The motion was SECONDED.
P & Z Minutes: August 14, 1996 Page 3 of 8
Regular Session Closed.
Public Hearing Opened:
Kevin Arndt, representing T.C. Alaska, appeared before the Commission and
requested they postpone this request until September, to allow for further review.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SELIG MOVED TO POSTPONE action on Case S96-021
and to schedule it as a public hearing at the September, 1996 regular meeting.
The motion was SECONDED and CARRIED by unanimous roll call vote.
LINDA FREED suggested that the Commission might want to discuss this case at
a worksession, prior to the September packet review and regular meeting. The
Commission agreed to discuss it at their August 28 worksession, and directed staff
to notify the applicant as well as KONIAG and the Old Harbor Native
Corporation of this worksession.
B) Case S96-027. Request for preliminary approval of the subdivision of Lot 2,
Block 4, Miller Point Alaska Subdivision, creating Lots 2A, 2B, and 2C, Block 4,
Miller Point Alaska Subdivision. 3829 Otmeloi Way
LINDA FREED indicated 18 public hearing notices were mailed for this case and
1 was returned, opposing this request. Staff recommended approval of this
request, subject to 3 conditions.
COMMISSIONER SHURAVLOFF MOVED TO GRANT preliminary approval
of the subdivision of Lot 2, Block 4, Miller Point Alaska Subdivision, creating
Lots 2A, 213, and 2C, Block 4, Miller Point Alaska Subdivision, subject to the
conditions of approval contained in the staff report dated July 23, 1996 and to
adopt the findings in that staff report as "Findings of Fact' for this case.
CONDITIONS OF APPROVAL
1. Bring the existing driveway on proposed Lot 2A into compliance with the
15% maximum grade requirement of KIBC 15.26 or provide an alternative
off-street parking area that meets this grade requirement on proposed Lot
2A, as required by KIBC 15.26 and 16.40.050.B.4.
2. Remove the skid shed, located behind the existing house on proposed Lot
2A, from the ten (10) foot side yard setback, as required by KIBC
17.17.050.13
P & Z Minutes: August 14, 1996 Page 4 of 8
340
3. Provide a ten (10) foot wide utility easement centered on the lot line
[ common to proposed Lots 2B and 2C, as requested by KEA, per KIBC
16.40.070.
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
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) Capital Improvements Program. Planning and Zoning Commission review,
under Section 2.40.030.E. of the Borough Code, of a list of recommended Capital
Improvements which are necessary or desirable to be constructed during the next
five (5) year period (Fiscal Year 1998 through Fiscal Year 2002).
LINDA FREED indicated no individual public hearing notices were mailed for
this case. Staff recommended that the Planning and Zoning Commission consider
which projects it feels should be included on the Borough -wide CIP list and what
priority these projects should have, based on the Commission's land
use/development perspective.
COMMISSIONER SELIG MOVED TO STRONGLY RECOMMEND that
Item #22 Gear Storage Facility Construction, on the Borough's draft CIP list, be
listed as Item #10 on the joint Borough/City CIP list for FY98 through FY02.
The motion was SECONDED.
P & Z Minutes: August 14, 1996 Page 5 of 8
307
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
Commissioners commented that they generally supported all other items on the
list and their relative order.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
A) Discussion of Commissioners Comments on 1989 Gear Storage Task Force
Report, from July 24, 1996 P&Z Worksession.
LINDA FREED wished to confirm that the Commission had directed staff at last
week's worksession, to put together a critique of the 1989 Gear Storage Task
Force report prior to the public hearing on September 18 that would include some
specific recommendations from the Commission on the report. Draft comments
prepared by staff were reviewed and some changes were suggested to clarify the
Commission's intent. MS. FREED stated that the draft would be revised and
presented at the August 28 worksession, and that the City of Kodiak Harbor staff
would be invited to participate in future discussion of this issue.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
MS. FREED pointed out Communication item E, and indicated that the City of Kodiak
had requested that the Commission initiate the rezone of the Trident Basin float plane
facility.
COMMISSIONER SCHEIDLER MOVED TO ACKNOWLEDGE RECEIPT of items
A through G of communications. The motion was seconded and CARRIED by
unanimous voice vote.
A) Certified letter dated July 18, 1996 to Mike Haggren from Linda Freed, RE: P&Z
Determination of Case 96-002, an appeal of an administrative decision ordering
the removal of commercial fishing gear stored on a non -owner occupied RRl lot.
P & Z Minutes: August 14, 1996 Page 6 of 8
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B) Certified letter dated July 18, 1996 to Daniel Olsen from Linda Freed, RE: P&Z
Determination of Case 96-001, an appeal of an administrative decision ordering
the removal of commercial fishing gear stored on a non -owner occupied RR lot.
C) Letter dated July 18, 1996 to Fred Nass from Linda Freed, RE: P&Z
Determination of Case 96-012, an appeal of an administrative decision that the
welding/machine shop located on Lot 16 and a portion of 15, Block 7, Leite
Addition, does not meet the standards of KIBC 17.06.320 (Home Occupations).
D) Letter dated July 22, 1996 to Lou Dochterman from Tom Bouillion, RE:
commercial fishing gear storage on a non -owner occupied RR1 lot (Lot 7, Block
2, Mt. View Subdivision, 1st Addition).
E) Letter dated August 1, 1996 to Linda Freed, from William Jones, City Manager,
RE: Planning and Zoning Commission initiation of the rezone of the Trident
Basin float plane facility area to LI-Light Industrial.
F) KIB Assembly Newsletter from August 2, 1996 regular meeting.
G) Newspaper article dated August 4, 1996 from Seattle Post Intelligencer, Titled:
Landowner's junk draws county battle.
COMMISSIONER SCHEIDLER MOVED TO INITIATE the investigation of the
rezone of the area encompassed by the approved CUP for the Trident Basin float plane
facility, from C-Conservation to LI-Light Industrial, and to schedule it for the September
regular meeting.
The motion was SECONDED and CARRIED by unanimous voice vote.
There were no further communications.
X. REPORTS
LINDA FREED reported that Mr. Haggren and Mr. Olsen's fishing gear storage appeals,
as well as Mr. Nass's welding/machine shop - home occupation appeal had all been
appealed to the next level. The fishing gear appeals would be heard by the Assembly on
September 19, since they were located in the Borough outside the city limits, and the
welding/machine shop - home occupation case would be heard by the Kodiak City
Council on September 12, since it was within the city limits.
MS. FREED reported that there had been recent discussion about the delegation of zoning
appeals, within the City, to the City Council. This delegation is somewhat inconsistent
with the Assembly's authority for all other aspects of land use regulations. She stated that
P & Z Minutes: August 14, 1996 Page 7 of 8
j C``f
Bill Jones, City Manager, as well as Assemblymember Heinrichs felt it was a topic worth
discussing at a joint worksession between the Council and the Assembly.
The following schedule was reviewed:
August 21 worksession - Non -conforming section of Borough Code.
August 28 worksession - Gear Storage, and McCord Ranch subdivision
September 4 worksession - continuing discussion of non -conforming section (if
necessary)
September 11 - Packet Review
September 18 - Regular meeting
September 25 - Community worksession to discuss non -conforming section revisions
COMMISSIONER 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 were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 8:53 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONfl,1QCO7 710
By:
Jerrol Friend, Chair
ATTEST
By:
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: September 18, 1996
P & Z Minutes: August 14, 1996 Page 8 of 8
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