1996-10-23 Regular Meetingr KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - OCTOBER 23, 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 October 23, 1996 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present: Others Present:
7erro1 Friend, Chair Bob Scholze, Associate Planner
Donna Bell Community Development Dept.
David Neshiem Eileen Probasco, Secretary
Roberta Scheidler Community Development Dept.
Marty Shuravloff
Commissioners Absent:
Darlene Turner - Excused
Clarence Selig - Excused
A quorum was established.
III. APPROVAL OF AGENDA
COMMISSIONER SCHEIDLER 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 September 18,
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
A) Case S96-021. Request for reconsideration of a condition of approval (to review
the redesigned subdivision without a public hearing) imposed on the preliminary
approval of the subdivision of U.S. Survey 2897, creating Lots 1-25, McCord
Ranch Subdivision.
P & Z Minutes: October 23, 1996 Page I of 11
BOB SCHOLZE indicated that 14 notices had been mailed on this case, notifying
previous public hearing recipients of the reconsideration request, due to an error.
He reported that the attorney for the Old Harbor Native Corporation had requested
that the Commission reconsider the condition of approval requiring Commission
approval of final plat design, and requested that a public hearing be held for the
final design approval of the plat. Staff recommended the Commission grant the
reconsideration and that they revise the conditions of approval and findings of fact
to reflect that a public hearing be held on the final design approval of the plat.
COMMISSIONER SCHEIDLER MOVED TO RECONSIDER the September
18, 1996 decision on Case S96-021, and to adopt the "Finding of Fact" in the staff
memorandum dated October 7, 1996 in support of the reconsideration.
FINDING OF FACT
1. It will not be known whether there is a substantial difference between the
preliminary and final plats until the revised preliminary plat is submitted
to the Commission. In order to guarantee protection to the procedural
rights of all parties involved to comment on the plat design revisions, that
revised plat submittal and review by the Commission should appropriately
be scheduled for a public hearing.
The motion was SECONDED and CARRIED by unanimous roll call vote.
COMMISSIONER SCHEIDLER MOVED TO AMEND the motion by adding
the phrase ...at a public hearing... after the phrase ...for final design review... to
condition of approval #10 and finding of fact #8.
REVISED CONDITION #10:
10. This subdivision shall be returned to the Planning and Zoning
Commission for final design review at a public hearing prior to final
approval, per KIBC 16.50.010.B.
REVISED FINDING #8:
8. According to KIBC 16.50.0103, and Condition #10, the final plat will be
returned to the Commission for final design review at a 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 and CARRIED by unanimous roll call vote.
P & Z Minutes: October 23, 1996 Page 2 of 11
B) Case 96-012. Review of the Planning and Zoning Commission decision directing
t that the welding/machine shop, being operated as a home occupation on 1425
Yanovsky Street, be brought into compliance within thirty days. The Kodiak City
Council, acting as the Board of Adjustment, remanded this decision to the
Commission for review and action based on new information.
BOB SCHOLZE indicated that the appellant, neighbors, and the City had been
able to negotiate several conditions of approval which, if met, would be a
reasonable compromise, and acceptable to all parties. This would allow the
business to continue to operate within standards for a home occupation under
restricted circumstances. Staff recommended the Commission reconsider this
request, upholding the administrative decision, but allowing the welding/ machine
shop to continue to operate as a home occupation subject to conditions.
COMMISSIONER NESHEIM MOVED TO GRANT the petition for
reconsideration of Case 96-012, based on changed circumstances.
The motion was SECONDED and CARRIED by unanimous roll call vote.
COMMISSIONER NESHEIM MOVED TO UPHOLD the administrative
decision that the business (welding/machine shop) on a portion of Lot 15 and Lot
16, Block 7, Leite Addition does not met the standards of 17.06.320 (Home
Occupations) of the Borough Code; however, this business can be brought into
compliance with K113C 17.06.320 by compliance with the specified conditions of
approval contained in the Supplemental Memorandum dated October 9, 1996.
CONDITIONS OF APPROVAL
1. A deed restriction that would terminate the current business upon sale or
transfer of a Portion of Lot 15 and Lot 16, Block 7, Leite Addition shall be
recorded within thirty (30) days (by November 22, 1996);
2. All the commercial vehicles currently on a portion of Lot 15 and Lot 16,
Block 17, Leite Addition shall be removed from the property to another
location within thirty (30) days (by November 22, 1996);
3. Zoning compliance and building permits to enclose the carport located on
portion of Lot 15 and 16, Block 7, Leite Addition shall be obtained within
thirty (30) days (by November 22, 1996), and construction on the carport
shall be completed within six (6) months and all business -related items be
moved inside by that time (by April 23, 1997);
P & Z Minutes: October 23, 1996 Page 3 of 1 l 31
4. Provide an inspection by City Fire Department to document that the
Uniform Fire Code is met, to ensure compliance with KIBC 17.06.320.F,
within thirty (30) days (by November 22, 1996).
The motion was SECONDED and CARRIED by unanimous roll call vote.
COMMISSIONER NESHEIM MOVED TO ADOPT the findings contained in
the Supplemental Memorandum dated October 9, 1996 as "Findings of Fact" for
this decision.
FINDINGS OF FACT
1. The three (3) conditions of approval applied as result of negotiations
between the property owner and neighbors facilitated by the City Manager
will ensure that home occupation standards defined in Borough code will
be met. The removal from the property of all large commercial vehicles,
gear and equipment that has been stored outside, in addition to enclosing
the carport so that evidence of the conduct of the home occupation is not
visible to neighbors or from the street, will serve to preserve the essential
residential character of the neighborhood and residential appearance of the
building as required by K113C 17.06.320.
2. Enclosing the carport will help ensure that all activities related to the home
occupation are conducted indoors, eliminating potential for noise,
vibration, glare, fumes or odors detectable off -site to comply with KIBC
17.06.320. This will also help maintain the residential character of the
neighborhood.
3. An inspection by the Fire Department as required by Condition #4 will
point out any fire code violations related to this unique home occupation
so that they can be corrected. This was a specific concern expressed by
neighbors and referenced in the findings contained in the original denial of
the appeal by the Commission. This will ensure compliance with KIBC
17.06.320.F.
The motion was SECONDED and CARRIED by unanimous roll call vote.
There were no further audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case S95-013. 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.
P & Z Minutes: October 23, 1996 Page 4 of I 1 33
BOB SCHOLZE indicated 12 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request.
The motion currently on the floor is:
Move 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 foot wide platted road adjacent to proposed Lots 1 and 2.
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.
COMMISSIONER SCHEIDLER MOVED TO ADOPT the findings in the
summary statement dated October 16, 1996 as findings of fact for Case S95-013.
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; and
3. This plat is generally consistent with adopted Borough plans and provides
a subdivision of land that is supports those plans.
The motion was seconded and CARRIED by unanimous roll call vote.
P & Z Minutes: October 23, 1996 Page 5 of I I
B) Case 96-016. Request for a rezone, in accordance with Section 17.72.030(A)
(Manner of Initiation) of the Borough code, of a 64.19 acre parcel within U.S.
Survey 4657 (Akhiok watershed), from Rl-Single family residential I4 W-
Watershed.
BOB SCHOLZE indicated 29 public hearing notices were mailed for this case and
one was returned from Akhiok Kaguyak, Inc requesting postponement of this
request. Staff recommended postponement of the request until the November
1996 regular meeting.
COMMISSIONER BELL MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of a 64.19 acre parcel, as defined by the
Akhiok watershed area metes and bounds description dated October 2, 1996,
within U.S. Survey 4657 (Akhiok Watershed) fmm Rl Single family Residential
14 W-Watershed, and to adopt the findings of fact in the staff report dated October
8, 1996 in support of this recommendation:
FINDINGS OF FACT
17 72 020 A Findings as to the Need and Justification for a Chanfle or
Amendment.
A rezone from RI -Single-family Residential to W-Watershed is needed and
justified because the W-Watershed zoning district permits development that:
A. will protect and regulate the Akhiok municipal water supply to ensure
maintenance of good water quality and supply; and
B. will prohibit all other land uses not compatible with the maintenance of
the municipal watershed.
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 Rl-Single family Residential to the W-Watershed
zoning district is necessary to provide basic protection of water quality for the
Akhiok community. This rezone is in conformity with objectives and
recommendations stated on both the 1968 Borough Comprehensive Plan and the
1986 Akhiok Comprehensive Plan.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
P & Z Minutes: October 23, 1996 Page 6 of I 1
rSeeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER BELL MOVED TO POSTPONE action on Case 96-016
until the November, 1996 regular meeting.
The motion was seconded and CARRIED by unanimous roll call vote.
C) Case 96-017. Request for a rezone, in accordance with Section 17.72.030(A)
(Manner of Initiarion) of the Borough code, of a 115.12 acre parcel located within
Sections 20 and 21, T30S R32W, (Karluk watershed) from C-Conservation IQ W-
Watershed.
BOB SCHOLZE indicated 18 public hearing notices were mailed for this case and
1 was returned supporting the rezone. Staff recommended the Commission
forward this rezone request to the Borough Assembly with a recommendation of
approval.
_ COMMISSIONER SHURAVLOFF MOVED TO RECOMMEND that the
Kodiak Island Borough Assembly approve the rezoning of a 115.12 acre parcel, as
defined by the Karluk watershed area metes and bounds description dated October
2, 1996, within Sections 20 and 21, T30S R32W, h m C-Conservation to W-
Watershed, and to adopt the findings of fact in the staff report dated October 8,
1996 in support of this recommendation.
17 72 020 A Findings as to the Need and Justification for a Change or
Amendment.
A rezone from RI -Single-family Residential to W-Watershed is needed and
justified because the W-Watershed zoning district permits development that:
A. will protect and regulate the Karluk water supply to ensure maintenance of
adequate water supply and good water quality; and
B. will prohibit all other land uses not compatible with the maintenance of
the community watershed.
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 C-Conservation to the W-Watershed zoning district is
necessary to provide basic protection of water quality for the Karluk community.
This rezone is in conformity with specific objectives and recommendations stated
P & Z Minutes: October 23, 1996 Page 7 of I 1
on both the 1968 Borough Comprehensive Plan and the 1984 Karluk
[ Comprehensive Plan.
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 96-003. Planning and Zoning Commission review of the 1993 and 1994 tax
foreclosed properties.
BOB SCHOLZE indicated that a public survey was sent to the Larsen Bay Tribal
Council for distribution to its members asking 10 questions concerning disposal
of the Larsen Bay Tribal Council tax foreclosed parcels. None of the responses
had been received prior to the time of the meeting but a LBTC representative
reported that approximately 30 responses had been mailed the previous day, and
that more responses were expected. Staff recommended the Commission split the
1993 & 1994 tax foreclosed parcels into 3 categories, and that action on parcels
classified as A & B be postponed until the December 1996 regular meeting and
action on parcels classified as C be postponed until the February 1997 regular
meeting.
COMMISSIONER NESHEIM MOVED TO CLASSIFY the 1993/1994 tax
foreclosed parcels into three (3) categories consisting of:
A) Road System Parcels
B) Rural/Remote Parcels
C) Rural/Remote LBTC Parcels
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
P & Z Minutes: October 23, 1996 Page 8 of 11
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
COMMISSIONER NESHEIM MOVED TO POSTPONE action on categories A
and B of the 1993/1994 tax foreclosed parcels until the December, 1996 P&Z
regular meeting.
The motion was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER NESHEIM MOVED TO POSTPONE action on category C
of the 1993/1994 tax foreclosed parcels until the December, 1996 P&Z regular
meeting.
The motion was seconded and CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
A) Case 95-005. Planning and Zoning Commission review of the 1991 and 1992 tax
foreclosed properties.
BOB SCHOLZE indicated that a public survey was sent to the Larsen Bay Tribal
Council for distribution to its members asking 10 questions concerning disposal
of the Larsen Bay Tribal Council tax foreclosed parcels. None of the responses
had been received prior to the time of the meeting but a LBTC representative
reported that approximately 30 responses had been mailed the previous day, and
that more responses were expected. Staff recommended the Commission split the
1991 & 1992 tax foreclosed parcels into 3 categories, and that action on parcels
classified as A & B be postponed until the December 1996 regular meeting and
action on parcels classified as C be postponed until the February 1997 regular
meeting.
COMMISSIONER SCHEIDLER MOVED TO CLASSIFY the 1991/1992 tax
foreclosed parcels into three (3) categories consisting of:
A) Road System Parcels
B) Rural/Remote Parcels
C) Rural/Remote LBTC Parcels
The motion was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on
categories A and B of the 1991/1992 tax foreclosed parcels until the December,
1996 P&Z regular meeting.
P & Z Minutes: October 23, 1996 Page 9 of 11
13q
The motion was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on category
C of the 1991/1992 tax foreclosed parcels until the December, 1996 P&Z 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 item A
of communications. The motion was seconded and CARRIED by unanimous voice vote.
A) Letter dated October 9, 1996 to Bill Jones, City of Kodiak, from Tom Watson,
Kodiak Area Native Association, RE: Fill at edge of Brechan property bordering
the new KANA building (cc to Commission).
There were no further communications.
X. REPORTS
Staff reported that Commissioner Shuravloff and Commissioner Selig's terms were due to
expire after the December meeting and encouraged them to reapply if they were
interested in serving another 3 year term. The upcoming P&Z meeting schedule was
reviewed:
October 30 - Worksession, nonconforming lots and structures
November 6 - NO WORKSESSION
November 13 - Packet Review
November 20 - Regular Meeting
November 28 - NO WORKSESSION
December 4 - Public Hearing in Chiniak on Leisnoi's proposed log transfer facility
December 11 - Packet Review
December 18 - Regular Meeting
December 25 - NO WORKSESSION
January 1 - NO WORKSESSION
COMMISSIONER SCHEIDLER MOVED TO ACKNOWLEDGE RECEIPT of
reports. The motion was seconded and CARRIED by unanimous voice vote.
P & Z Minutes: October 23, 1996 Page 10 of 11 33'/
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 8:00 p.m.
KODIAK ISLAND
PLANNING AND ZONINCveC
mend, Chair
ATTEST
By: OAAO-x--�__
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: November 20, 1996
P & Z Minutes: October 23, 1996 Page 11 of 1 I � 2q