1996-09-18 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - SEPTEMBER 18, 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 September 18, 1996 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Jerrol Friend, Chair
Donna Bell
David Neshiem
Roberta Scheidler
Clarence Selig
Marty Shuravloff
Commissioners Absent:
Darlene Turner - 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 SELIG 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 NESBEIM MOVED TO ACCEPT the minutes of the August 21,
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: September 18, 1996 Page 1 of 12
C VI. PUBLIC HEARINGS
A) Case 596-021. Request for peliminary 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, and August 14
1996 regular meetings).
BOB SCHOLZE indicated 11 public hearing notices were mailed for this case this
month and 2 were returned, one from a neighboring property owner expressing
several points of objection and one from KONIAG expressing concern about
access on the old wagon road. Staff recommended approval of this request
subject to 10 conditions and 8 findings of fact, which have been revised to address
the concerns.
CHAIR FRIEND pointed out that there was a motion on the floor, from the
August 1996 meeting.
Regular Session Closed.
Public Hearing Opened:
Kevin Arndt, agent for the applicant, appeared before the Commission and stated
that he had no objections to the new conditions, except for proposed condition
number 10. He did not feel it was necessary for the plat to be brought back at a
public hearing because the only change that was being required was to move a
few of the lot lines to make the lots conform with width and area requirements,
and that the number of lots would not increase.
Public Hearing Closed.
Regular Session Opened.
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 condition of approval #4 as contained in the staff
memorandum dated September 4, 1996, and by adding conditions of approval #9
and #10, and by adopting the amended findings of fact #1-8 (replacing those in
the original motion), as contained in the summary statement dated
September 18, 1996, as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
I.A. Documentation that the proposed lots can meet ADEC requirements for
water and wastewater disposal as required by KIBC Section 16.70.020.B.
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1.13 A site visit to the property has confirmed that each lot provides a usable
t 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.
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.
3. Provide appropriate deeds and written agreements and covenants to meet
the requirements of KIBC Section 16.40.080 (private roads).
4. 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. Driveways
crossing these natural features shall minimize the
impact to these features."
Document that each lot has access to an adequate amount of potable water
for domestic purposes as required by KIBC Section 16.70.020.B.
6. 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 K113C 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.
7. 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
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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.B.2, as
the historical travelways located on the property have resulted from this
topography.
9. Prior to final plat approval, revise the subdivision to ensure that all
the lots created are a minimum of two hundred fifty (250) feet wide
and a minimum of five (5) acres in area, exclusive of private road and
access easements; and reduce the width of the one hundred (100) foot
wide private road easement to fifty (50) feet.
10. This subdivision shall be returned to the Planning and Zoning
Commission for a final review at a public hearing, prior to final
approval, per KIBC 16.50.010.11.
FINDINGS OF FACT (Amended)
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 condition of approval # 9 requiring two hundred fifty (250)
feet minimum lot width and five (5) acres minimum lot area exclusive of
private road and access easements, 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, specifically the residential policies of the KIB
Coastal Management Program.
4. With condition # 5, KIBC Code Section 16.70.020.B that each lot
"...should have access to an adequate amount of potable water for
domestic purposes..." is satisfied. Documentation of adequacy of potable
water, whether the source is ground, surface, or rain water, will be
assessed and accepted by staff, prior to final plat approval.
5. The access easements that are twenty (20) feet in width are secondary
access easements, and are permitted at that width according to KIBC
16.80.030.A (Alley).
P & Z Minutes: September 18, 1996 Page 4 of 12 ? f
6. This plat, with the Remote Area Exemption of K113C 15.04.031.A from
driveway access standards and parking area requirements, is consistent
with minimum requirements of KIBC 17.57.030 of the Borough Code.
7. Condition of approval #7 provides that any existing public access rights
along the wagon road, shown on U. S. Survey 2897, will be shown on the
final plat for this subdivision. The Alaska Department of Natural
Resources, in a memo dated July 29, 1996, states that based on file
documentation, RS2477 issues do not apply to this parcel. In addition,
ANSCA 17b easements apply only to native corporation property,
conveyed under ANSCA, and not to other private property.
Documentation of the right of public access across this property by BLM
will require that existing public access rights be shown on the final plat.
Additional requirements for public access, across this property are
unnecessary since an existing 17b easement provides for public access
from McCord Bay to Natalia Bay, and topography would allow for public
access from McCord Bay to Ocean Beach. A portion of this public access
has already been provided for via an existing 17b easement. (See ADNR
draft Kodiak Public Access Atlas, April 1996.)
8. According to KIBC 16.50.0103, and Condition 910, the final plat will be
returned to the Commission for final review at public hearing, providing
"...minimum standards for survey accuracy and proper preparation of
plats..." consistent with the purpose of Title 16 (KIBC 16.10.010.A).
The motion was SECONDED.
The Commission discussed condition number 10, and the need for having a public
hearing on the final plat. Staff commented that the condition was added as a
result of a letter received the day of the public meeting. The recommendation was
intended to err on the side of being overly cautious. He stated that Borough Code
did not require further public hearing unless the lot configuration was
substantially different and it was certainly the Commission's decision whether or
not they felt the public hearing was necessary.
CHAIR FRIEND was concerned about delaying this case. He said that 3 public
hearings had already been held and that delaying the case by opening it up to yet
further public scrutiny, if the revisions do not substantially alter the original
configuration, was beyond reasonable and could cause unnecessary financial
burden to the applicant. He felt that everyone has had more than usual
opportunity to respond, and those concerns expressed had all been addressed by
conditions of approval. COMMISSIONER NESHEIM agreed.
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3!u
COMMISSIONER SCHEIDLER commented that although she understood the
other Commisisoner's concerns about requiring a public hearing, she felt that in
light of the concerns expressed by the neighboring property owner, she didn't have
a problem with bringing the revised plat back as a public hearing item.
The question was called and the motion to amend CARRIED by unanimous roll
call vote.
COMMISSIONER NESHEIM MOVED TO AMEND the motion by revising
condition #10, and finding #8 as follows:
CONDITION OF APPROVAL
10. This subdivision shall be returned to the Planning and Zoning
Commission for a final design review at a p4lie keafing, prior to final
approval, per KIBC 16.50.010.B.
FINDINGS OF FACT
8. According to KIBC 16.50.010.B, and Condition #10, the final plat will be
returned to the Commission for final design review at _u
previd "...minimum standards for survey accuracy and proper
preparation of plats..." consistent with the purpose of Title 16 (KIBC
16.10.010.A).
The motion to amend was seconded and CARRIED by unanimous roll call vote.
The question was called and the AMENDED MOTION CARRIED by
unanimous roll call vote.
B) Case 96-015. Request for a rezone, in accordance with Section 17.72.030.13
(Manner of initiation) of the Borough Code, of a portion of U.S. Survey 2261,
consisting of the area encompassed by the approved conditional use permit for the
Trident Basin Float Plane Facility, (approximately 11.5 acres) from C-
Conservation I4 LI-Light Industrial.
BOB SCHOLZE indicated 13 public hearing notices were mailed for this case and
none were returned. Staff recommended forwarding this request to the Borough
Assembly with a recommendation of approval.
COMMISSIONER SHURVALOFF MOVED TO RECOMMEND that the
Kodiak Island Borough Assembly approve the rezoning of a portion of U.S.
Survey 2261, consisting of the area encompassed by the approved conditional use
permit for the Trident Basin Float Plane Facility, (approximately 11.5 acres) from
P & Z Minutes: September 18, 1996 Page 6 of 12 „'6f
C-Conservation to LI-Light Industrial, and to adopt the findings of fact in the staff
report dated September 4, 1996, in support of this recommendation.
17 72 020 A Findings as to the Need and Justification fora Change or
Amendment.
A rezone from C-Conservation to LI-Light Industrial is needed and justified
because the LI-Light Industrial zoning district permits development that:
A. is consistent with current and proposed development trends in the area;
B. is suitable for this site, given the physical characteristics and location of
the tract;
C. will not create any nonconforming land uses;
D. is consistent with the Near Island Comprehensive Plan.
17 72 020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
A rezone of the area identified as and granted a CUP for a float plane facility in
Trident Basis is consistent with the intent and objectives of the Near Island
Comprehensive Plan. In the section described as "Description of Development
Categories and Allowable Land Use," the Near Island Comprehensive
Development Plan (1987) identifies a possible float plane facility to "...include
docking and tie -down areas, a shore -based haul out area for maintenance, and
parking areas" (p. 14). The maps accompanying that plan specifically designate
Trident Basin as the site for a proposed floatplane facility and aerodrome. This
intent dovetails with long-standing Port of Kodiak harbor plans to eliminate the
extremely dangerous situation of boats and float plane traffic sharing the crowded
St. Paul's Harbor Channel.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
P & Z Minutes: September 19, 1996 Page 7 of 12
3 x)
CHAIR FRIEND recalled that there was concern expressed at the packet review
t worksession about safety in Trident Basin, regarding boats, jet skis and float plane
traffic.
BOB SCHOLZE reported that he had shared that concern with the City Manager
who was going to pass along the information to the Harbormaster.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case 94-023. Planning and Zoning Commission review and comment on the
1989 Gear Storage Task Force report. The Commission is considering forwarding
the 1989 report and their comments to the Assembly urging them to adopt the
Commission's recommendations (postponed from the May, 1996 regular
meeting).
BOB SCHOLZE indicated 733 public hearing notices were mailed for this case,
as the Commission had directed staff at the last public hearing to notify all owners
of RRl and RR2 property, and 61 were returned. Staff provided the Commission
with a tally of answers to questions asked and a summary of comments and
suggestions shown on that public hearing notice. Staff recommended the
Commission forward their recommendations on the 1989 Gear Storage Task
Force Report to the Assembly recommending adoption and implementation.
COMMISSIONER SCHEIDLER MOVED TO FORWARD the September 1996
Planning and Zoning Commission Comments on the 1989 Gear Storage Task
Force Report and current recommendations, to the Borough Assembly,
recommending adoption and implementation.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Lu Dochterman appeared before the Commission and encouraged them to
recommend that commercial fishing gear be allowed to be stored on RRl
property, regardless of occupancy status. He felt that the community relied on the
fishing industry as its economic base, and that the community should support the
fishermen. He also felt that development of plans such as this happened behind
his back, part of the reason being because he, as a fisherman, has been gone most
of the time.
( Peter All appeared before the Commission and stated that he shared Mr.
4 Dochterman's concerns. He said fisherman are part of the community and need a
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} t(
�" place to put their "stuff'. He also felt that crab pots make good neighbors and that
requiring a lot to be owner occupied before fishing gear can be stored there is
unreasonable.
Lu Dochterman appeared again and expressed that he felt bothered that his gear
was labeled in the 1989 Gear Storage Task Force Report as a niusance which
means an obnoxious and annoying thing.
Cathy Cordry appeared before he Commission and stressed that she agrees that
Kodiak is a fishing community. Kodiak exists because of fishing and the Coast
Guard. She felt it was important to support the fishermen, but that the residential
neighborhoods should not have to take on the responsibility of solving the
problem they are faced with. She urged the Commission to adopt a clear
definition of "owner occupied," to place size restrictions on accessory buildings,
and to ensure that the Borough Assembly and City Council work together to find
affordable storage options near the harbor for commercial fishing gear.
Stefanie Dochterman appeared before the Commission to express that she feels
discriminating against fishing gear being stored in residential neighborhoods pits
neighbor vs. neighbor. She agreed with Ms. Cordry in that the community needs
to provide convenient and affordable gear storage for fishermen. She also stated
that she felt the recommendation needed to go back to the Commission for
revisions.
Mike Haggren appeared before the Commission to state that he thinks fishing gear
storage should be allowed on rural residential property. Fishing is an important
part of the community and should be supported. He thought that requiring
fencing was not unreasonable, but that there should be no restrictions on
accessory buildings.
Public Hearing Closed.
Regular Session Opened.
BOB SCHOLZE clarified that the two fishing gear storage appeals would be
before the Assembly at the September 19 meeting. He also assurred Mr.
Dochterman that the word "nuisance" as used in the 1989 report was not intended
to be insulting to fishermen, especially from this commission, as they had
specifically deleted that language in their recommendations. He pointed out that
staff had also contacted several fishing communities around the state to compare
their regulations with regard to fishing gear storage in residential areas.
COMMISSIONER SELIG asked for clarification of the grandfather status of lots.
He felt conflict in penalizing Mr. Dochterman's situation, when at one time he was
P & Z Minutes: September 18, 1996 Page 9 of 12
f" legal, but now that he moved off the lot it is no longer legal. He thought that a
care -taker type status could be an option.
The Commission agreed that the entire issue needed to be addressed in the zoning
code, by encouraging stricter enforcement of current codes, by more clearly
defining owner -occupied, and by requiring some kind of screening. They agreed
that they were not further restricting gear storage regulations in any way, and that
they were encouraging the City to make more gear storage space available near
the docks and harbors.
The question was called and the motion CARRIED by unanimous roll call vote.
VIL OLD BUSINESS
A) Case 595-013. Planning and Zoning Commission review and approval of the
revised preliminary plat of the creation of Lots 1 through 10, and Tract C-1,
within Block 1, Tract C, Ouzinkie Townsite.
COMMISSIONER SHURAVLOFF delared that he was the representative for the
agent and excused himself from any decisions on this case as having a conflict of
interest.
BOB SCHOLZE indicated that according to borough code, this case should have
been scheduled for a public hearing. Staff recommended postponement of this
request until the October 1996 regular meeting, and that it be scheduled as a
public hearing item.
COMMISSIONER SCHEIDLER MOVED TO GRANT preliminary approval of
the revised plat of the creation of Lots 1 through 10, and Tract C-1, within Block
1, Tract C, Ouzinkie Townsite, and to confirm the original 4 conditions of
approval, as follows:
1. Extend the public water system to the subdivision.
2. Extend or construct a public sanitary sewer collection system as
approved by the U.S. Health Service and ADEC.
3. Upgrade, to City of Ouzinkie road standards, the existing unnamed
road created by this plat and construct the Spruce Street extension
to City of Ouzinkie road standards.
4. Name the sixty (60) foot wide platted road adjacent to proposed
Lots 1 and 2.
P & Z Minutes: September 18, 1996 Page 10 of 12 ,.. _.
CThe motion was SECONDED.
COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case
S95-013, and to schedule it as a public hearing at the October, 1996 regular
meeting.
The motion was SECONDED and CARRIED by unanimous roll call vote.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER NESHEIM MOVED TO ACKNOWLEDGE RECEIPT of items A
through B of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Memorandum dated August 15, 1996 to Kodiak Island Borough Mayor and
Assembly, from Linda Freed, RE: FY 1998-2002 Capital Improvement Program,
P&Z Commission recommendation to Assembly.
B) Newspaper article from September 4, 1996 Frontiersman, RE: Rezoning issues
in Wasilla.
There were no further communications.
X. REPORTS
BOB SCHOLZE reported that the Commission worksession in Larsen Bay to discuss the
tax foreclosed properties issue was scheduled for Monday, September 22. After further
discussion the Commission decided that the September 25 worksession would be
cancelled, and that discussion of the non -conforming code sections would be scheduled
for the October 2 worksession. As a result of several scheduling conflicts it was agreed
that the October regular meeting would be held on October 23, with packet review on
October 16.
COMMISSIONER NESHEIM MOVED TO ACKNOWLEDGE RECEIPT of reports.
The motion was seconded and CARRIED by unanimous voice vote.
There were no further reports.
P &. Z Minutes: September 18, 1996 Page 11 of 12
XI. AUDIENCE COMMENTS
There were no audience comments.
XH- COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 9:07 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
Friend, Chair
ATTEST
BY:
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: October 23, 1996
P & Z Minutes: September 18, 1996 Page 12 of 12