1996-11-20 Regular Meetingr KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 20, 1996 MINUTES 1 �14111 KIZ/ l_I C The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Friend on November 20, 1996 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Jerrol Friend, Chair Donna Bell Roberta Scheidler Clarence Selig Darlene Turner Commissioners Absent: David Neshiem - Excused Marty Shuravloff- 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 SCHEIDLER MOVED TO ACCEPT the agenda with the changes 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 October 23, 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 96-019. Planning and Zoning Commission determination that the property line bordering Hemlock Street, which the house faces, rather than Birch Street, P & Z Minutes: November 20, 1996 Page 1 of 8 193 which is the shorter lot line, be designated as the front property line for the purpose of calculating building set -backs, on Lot 2, Block 9, Aleutian Homes Subdivision. 1016 Hemlock Street. BOB SCHOLZE indicated the applicant had withdrawn this request. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 96-018. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Commission) and Section 18.80.020 (Procedure for exchange of real property) of the Borough Code, granting a driveway access by easement across Tract B, U.S. Survey 3465 for the benefit of Lot 18, U.S. Survey 3466 and Lot 2, U.S. Survey 3104, and exchanging a portion of private land described as Lot 18, U.S. Survey 3466 for a portion of KIB owned land described as Tract B, U.S. Survey 3465, of equivalent value. BOB SCHOLZE indicated 23 public hearing notices were mailed for this case and 1 was returned, stating no objection to this request. Staff recommended the Commission adopt a resolution recommending the Assembly approve the driveway easement and the land exchange, subject to conditions. COMMISSIONER SCHEIDLER MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the exchange of real property reviewed by the Commission in Case 92-018: WHEREAS, the values of the parcels to be exchanged are of equivalent worth as determined by the Borough Assessor, and WHEREAS, it is in the Borough's best interest to exchange parcels because the property gained through the land trade is a good candidate for a future road that will serve a number of other private lots, and WHEREAS, the land exchange meets the requirements of Chapter 18.80.020 Procedure, of the Borough Code. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: A. That the exchange of a portion of private land described as Lot 18, U. S. Survey 3466 for a portion of Borough land described as Tract B, U.S. Survey 3465, being of equivalent value, is hereby P & Z Minutes: November 20, 1996 Page 2 of S 344 recommended for approval by the Kodiak Island Borough E Assembly subject to three (3) conditions of approval 1. Values of the properties to be exchanged be determined by the Borough Assessor or private appraiser, 2. Evidence of marketable title for all properties involved in the transaction be substantiated; 3. The cost of survey, appraisals (f performed by private appraiser), title search, and agreement preparation be borne by the applicant; and, WHEREAS, the easement provides access to parcels that otherwise are not served by public roads, and WHEREAS, the granting of the easement to provide access is consistent with the Comprehensive Plan which identifies this area for residential uses, and WHEREAS, the granting of an easement meets the requirements and intent of KIBC Section 18.20.030 Review by the planning commission - Assembly approval. Now therefore be it further resolved by the Kodiak Island Borough Planning and Zoning Commission: B. That an access easement, identified by survey description across Borough land described as Tract B, U.S. Survey 3465, for the benefit of private properties on the backside of Dark Lake and Island Lake within U.S. Surveys 3466 and 3104, is hereby recommended for approval by the Kodiak Island Borough Assembly subject to two (2) conditions of approval. 1. That the easement be terminated should the KIB construct a public road serving these parcels; and 2. That any costs associated with entering into an easement agreement be borne by the applicant. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: P& Z Minutes: November 20, 1996 Page 3 of 8 1 N CSeeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. B) Case 96-020. Planning and Zoning Commission review, according to Section 18.40.020.13 (Negotiated Leases to non-profit corporation) of the Borough Code, of a 25-year lease of a five (5) acre parcel within Lot 1, U.S. Survey 2539 to the Kodiak Island Sportsman's Assocation, to provide for a caretakers residence adjacent to the Salonie Creek Rifle Range. BOB SCHOLZE indicated 8 public hearing notices were mailed for this case and none were returned. Staff recommended the Commission adopt a resolution recommending the Assembly approve the lease of this five acre parcel. COMMISSIONER TURNER MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 96-020. WHEREAS, a lease of land to KISA at this location will dovetail with the existing lease of the rifle range, and WHEREAS, the lease of a parcel of land will add a visible presence at the range that will deter the further vandalism to Borough owned facilities, and WHEREAS, the presence of a caretaker unit at this site will aid in the collection of data about who utilitizes the Salonie Creek valley and what types of uses occur, and WHEREAS, the Kodiak Island Sportsman's Association is a qualified non- profit organization and otherwise meets the requirements of KIBC 18.40.020 (C) Negotiated Leases. Now, therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission: That the disposal by twenty-five (25) year lease to a nonprofit corporation for less than fair market value of a five (5) acre tract on a portion of Lot 1, U.S. Survey 2539 near the entrance of the Salonie Creek Rife Range along the Chiniak Highway, with three conditions of approval, is hereby recommended for approval by the Kodiak Island Borough Assembly. P& Z Minutes: November 20, 1996 Page 4 of 8 3 q 1. The site shall only be used for a caretaker residence and associated accessory buildings, in conformance with Title 17 (Zoning). 2. Removal of vegetation from the site will be kept to a minimum. 3. The lease shall terminate should the lease of the Salonie Creek Rifle Range not be renewed by KISA in 1999. 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) 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 RI -Single family residential 14 W- Watershed (Postponed from the October 23,1996 regular meeting). BOB SCHOLZE indicated that both AkhiokXaguyak, Inc. and the City of Akhiok had been provided with maps that showed the proposed rezone area in relation to the parcels already deeded to the City from AKI, and neither had responded prior to the meeting. Staff recommended the Commission approve the motion currently on the floor, as shown below: Move 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) from RI Single family Residential to W- Watershed, and to adopt the findings of fact in the staff report dated October 8, 1996 in support of this recommendation. 17,72,020A Findings as to the Need and ustii icationfor a Change or Amendment. P & Z Minutes: November 20, 1996 Page 5 of 8 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 020B. Findinrs_as to the Effect a Chance or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from RI -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 in both the 1968 Borough Comprehensive Plan and the 1986 Akhiok Comprehensive Plan. The question was called and the motion CARRIED by unanimous roll call vote. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Assembly Newsletter from November 7, 1996 Borough Assembly Meeting B) Letter dated October 31, 1996 to Wayne Coleman from Tom Bouillion, RE: Illegal business use of residential lot, on Lot 23B, U.S. Survey 3099, on Metrokin Way. C) Letter dated November 4, 1996 to Keith Hediger from Tom Bouillion, RE: Lack of permits for structures moved to Lot 3, Block 7, Monashka Bay Subdivision, 2584 Lakeview Drive. D) Newspaper article from October 8, 1996 New York Times, RE: Illegal boarding houses in Queens. [ There were no further communications. P & Z Minutes: November 20, 1996 Page 6 of 8 3H r XIII. ADJOURNMENT A CHAIR FRIEND adjourned the meeting at 7:50 p.m. KODIAK ISLAND BOROUGH PLANNING AND Lin ATTEST By: Ce� Eileen Probasco, Secretary Community Development Department DATE APPROVED: December 18, 1996 Friend, Chair P & Z Minutes: November 20, 1996 Page 8 of 9 ? �O