1997-02-19 Regular MeetingI.
II.
IV.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - FEBRUARY 19, 1997
MINUTES
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 February 19, 1997 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present:
Jerrol Friend, Chair
Donna Bell
Suzanne Hancock
Roberta Scheidler
Clarence Selig
Walter Stewart
Commissioners Absent:
Darlene Turner - Excused
A quorum was established.
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 BELL MOVED TO ACCEPT the agenda with the additions
reported by staff. The motion was seconded and CARRIED by unanimous voice vote.
MINUTES OF PREVIOUS MEETING
COMMISSIONER SELIG MOVED TO ACCEPT the minutes of the January 15, 1997
Planning and Zoning Commission special meeting as presented. The motion was
seconded and CARRIED by unanimous voice vote.
COMMISSIONER BELL MOVED TO ACCEPT the minutes of the January 24, 1997
Planning and Zoning Commission regular meeting as presented. The motion was
seconded.
P & Z Minutes: February 19, 1997
Page I of 9
COMMISSIONER SELIG stated that he remembered a comment by Virginia Adams at
the January 24 meeting, concerning the log transfer facility in Cordova, which was not
reflected in the draft minutes. He felt that comment was important and should be added.
COMMISSIONER SELIG MOVED TO AMEND the January 24, 1997 minutes to
reflect Ms. Adams comments about the log transfer facility in Cordova.
The motion to amend was seconded and CARRIED by unanimous roll call vote.
The question was called and the motion CARRIED by unanimous roll call vote.
The January 24, 1997 minutes would reflect the change with the following addition to
Ms. Adams testimony:
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case S94-001. Request for preliminary approval of the subdivision of Lot 4,
Block 1, Kadiak Alaska Subdivision, First Addition, creating Lots 4A, 4B, 4C and
4D, Block 1, Kodiak Alaska Subdivision, First Addition and Plover Way. 3420
Rezanof Drive (Postponed from the January 24, 1997 regular meeting).
BOB SCHOLZE indicated 35 public hearing notices were mailed for this case and
lwas returned, stating non -objection to this request. Staff recommended approval
of this request, subject to 4 conditions as suggested in the supplemental staff
memorandum dated February 18, 1997.
COMMISSIONER BELL MOVED TO GRANT preliminary approval of the
subdivision of Lot 4, Block 1, Kadiak Alaska Subdivision, First Addition
(Remainder) creating Lots 4A, 4B, 4C, and 4D, Block 1, Kadiak Alaska
Subdivision, First Addition, and Plover Way, subject to the conditions of approval
contained in the staff report dated February 18, 1997, and to adopt the findings
contained in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL:
Unless the City of Kodiak has accepted, prior to recording of the final plat,
responsibility for operation and maintenance, as owner, of the sewer and
P & Z Minutes: February 19, 1997
Page 2 of 9
water utility lines crossing Lot 4 and adjacent Tract C-lA, place a note on
the final plat stating:
"Responsibility for operation and maintenance of the private sewer and
water service lines crossing Lot 4 will be shared by the owners of Lots 4A,
4B, 4C and 4D until such time as the City code requirements are met for
transfer and the City of Kodiak accepts the lines into the public utility
system." (Kodiak City Code Sections 13.18.020 and 030)
2. Redesign proposed Lot 4A to have frontage on the right-of-way either by
flagstem or by consolidation with proposed Lot 4D, as recommended by
KIBC 16.40.050.B.8. In the alternative, plat, as part of this action, the
existing fifty (50) foot wide access easement across Tract C-IA to provide
legal, platted access to proposed Lot 4A.
3. Construct a driveway entrance to the existing deli/liquor store on proposed
Lot 4C from Rezanof Drive that is consistent with K113C 17.57.080.F and
as requested by ADOT. The southern edge of this twenty-four by thirty-
two foot (24' x 32') wide driveway will be at least seventy (70) feet from
the northern edge of the traveled way of Plover Way, with ingress/egress
! to proposed Lot 4C restricted by landscaping, or otherwise, within those
seventy (70) feet.
4. Provide engineered road and drainage plans, incorporating the standards
for improvements contained in Chapters 16.70 and 16.80, for review and
approval by the Borough Engineering/Facilities Department prior to
construction of Plover Way, as required by K113C 16.70.010.
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.
P & Z Minutes: February 19, 1997 Page 3 of 9
Public Hearing Opened:
Mike Anderson, applicant, appeared before the Commission and expressed
support for this request. He had no objection to conditions of approval #1, #3 and
#4, as they were all requirements of Title 16, however, he felt they were
unnecessary as conditions. He felt that condition #2 was unnecessary, and he did
not want to include Tract C-lA in this subdivision. He understood staff's concern
of providing legal access to Lot 4A, but did not feel that a flag stem was
necessary, or would meet separation requirements. Mr. Anderson also felt that
Title 16 should be revised in places where "...KIB Engineering/Facailities
Department review and approval..." is required, to be changed to read: "...KIB
Engineering/Facailities Department review and acceptance." He felt that if he
had plans developed and stamped by a registered engineer, that was adequate, and
approval by KIB Engineering/Facilities Department was unnecessary.
At COMMISSIONER SCHEIDLER'S request, Linda Freed responded to staffs
suggestion for condition #2. She reported that since the recorded easement was
not platted or included as part of this subdivision request, there was nothing
protecting the recorded access easement from being changed or even eliminated at
some fixture date, without review by the Planning and Zoning Commission.
Staff s intent was to identify the 50' wide access easement to ensure public review
< of any changes to the easement, as a platting action.
Mr. Anderson felt strongly that Condition #2 would cloud his plans for
developing Lot C-lA, and asked that the Commission either strike the condition,
or deny the subdivision. It was unacceptable to him, and he assured the
Commission that he had no intention of eliminating or modifying the recorded
access easement.
The Commission discussed the access easement and revised condition #2, which
was agreeable to Mr. Anderson.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SELIG MOVED TO AMEND condition #2 by revising it to
read as follows:
2. Plat, as part of this action, the existing fifty (50) foot wide access
easement across Tract C-1A to provide legal, platted access to
proposed Lots 4A, 4B, and 4D.
The motion to amend was seconded and CARRIED by unanimous roll call vote.
P & Z Minutes: February 19, 1997 Page 4 of 9
rThe question was called and the motion CARRIED by unanimous roll call vote.
B) Case 97-001. Planning and Zoning Commission determination, according to
Section 17.36.050.0 (Non -conforming uses and structures), of the Borough Code,
that an auto repair and welding shop is equally appropriate or more appropriate to
the Rl-Single Family Residential zoning district than a small convenience store
and video arcade located on Lot 23B, U.S. Survey 3099. 2657 Metrokin Way
(Postponed from the January 24,1997 regular meeting).
BOB SCHOLZE indicated 27 public hearing notices were mailed for this case and
7 were returned, 3 in favor, 3 opposing this request and 1 requesting demolition of
the trailer court, which also expressed no objection. Staff recommended denial of
this request, but acknowledged that neighborhood impact and public testimony
should be considered by the Commission in making their decision.
THE MOTION ON THE FLOOR IS:
MOVE TO FIND, in accordance with Section 17.36.050.0 of the Borough Code,
that the use of the commercial structure on Lot 23B, U.S. Survey 3099, for an
automobile repair and welding shop is equal to, or more appropriate than the
presently permitted nonconforming use, previously determined to be appropriate
in the RI --Single-family Residential zoning district, of convenience store/video
arcade.
Public Hearing Closed.
Regular Session Opened.
Marie Coleman, co -property owner, appeared before the Commission and
encouraged them to approve this request. She acknowledged that there were
many problems as a result of having the convenience store/arcade occupy the
building, as well as having the building vacant. She said it did not foster a good
environment, and stated that the auto repair shop made a much better neighbor.
Wayne Coleman, applicant, appeared before the Commission and expressed
support for this request. He provided the Commission with a petition signed by
28 neighbors, all expressing no objection. He encouraged the Commission to
approve the request.
Public Hearing Closed.
Regular Session Opened.
P & Z Minutes: February 19, 1997 Page 5 of 9
The Commission discussed possible approval of the request, but expressed
concern that conditions should be placed on the approval.
Staff cautioned the Commission to look closely at the way the motion was
worded, so that if they approved the motion with conditions, they specifically
addressed the welding issue, so as not to allow welding unrelated to the auto
repair business, especially in light of the recent conflicts on Yanovsky Street in
town, and Noch Drive in Bells Flats, involving commercial welding in residential
zoning districts.
CHAIR FRIEND asked the applicant if he would agree to postponement for one
month, to allow formulation of possible conditions of approval. He was
specifically concerned about parking, vehicles being stored in the Metrokin right-
of-way, welding on the property, and the extent of the use of the Quonset hut. Mr.
Coleman agreed to the postponement, but stated that he would be out of town for
the March 12 packet review worksession and the March 19 regular meeting.
COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case 97-
001 until the March 1997 regular meeting, and to schedule it for another public
hearing.
The motion was SECONDED and CARRIED by unanimous roll call vote.
C) Case 95-023. Planning and Zoning Commission review of proposed changes to
Chapter 17.36 (Existing Nonconforming Uses and Structures) of the Borough
Code.
BOB SCHOLZE indicated 17 public hearing notices were mailed for this case and
2 were returned, encouraging the revisions. Staff recommended postponement of
this case until the March regular meeting to allow the Borough attorney time to
comment on the draft that was submitted to him for review.
COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case 95-
023 until the March, 1997 regular meeting, and to hold another public hearing.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
P & Z Minutes: February 19, 1997 Page 6 of 9
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
VIL OLD BUSINESS
A) Case 95-005. Planning and Zoning Commission review of Larsen Bay Tribal
Council Parcels (Category C) of the 1991 and 1992 tax foreclosed properties,
generally located in Uyak Bay. (Postponed from the December, 1996 regular
meeting).
BOB SCHOLZE indicated that staff recommends postponement of this case until
the May, 1997 Planning and Zoning Commission regular meeting, to allow staff
time to complete work on resource maps of Uyak/ Zachar/Amook Islands.
COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case 95-
005 until the May, 1997 Planning and Zoning Commission regular meeting, and
to schedule it as an Old Business Item.
The motion was SECONDED and CARRIED by unanimous roll call vote.
B) Case 96-003. Planning and Zoning Commission review of Larsen Bay Tribal
Council Parcels (Category C) of the 1993 and 1994 tax foreclosed properties,
generally located in Uyak Bay. (Postponed from the December, 1996 regular
meeting).
BOB SCHOLZE indicated that staff recommends postponement of this case until
the May, 1997 Planning and Zoning Commission regular meeting, to allow staff
time to complete work on resource maps of Uyak/ Zachar/Amook Islands.
COMMISSIONER HANCOCK MOVED TO POSTPONE action on Case 96-
003 until the May, 1997 Planning and Zoning Commission regular meeting, and
to schedule it as an Old Business Item.
The motion was SECONDED and CARRIED by unanimous roll call vote.
C) Election of Officers
Jerrol Friend was elected as Chair for 1997.
( Darlene Turner was elected as Vice Chair for 1997.
P & Z Minutes: February 19, 1997 Page 7 of 9
D) ACMP Assessment Work Program. This was presented to the Commission for
information only. COMMISSIONER HANCOCK MOVED TO
ACKNOWLEDGE RECEIPT of the ACMP Assessment Work Program. The
motion was SECONDED and CARRIED by unanimous voice vote.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of items A
through F of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Article from December 1996 Western Planner, by Scott D. McGregor and Ben T.
Orsbon, AICP, "Finding Your Way to Conclusions."
B) Letter dated January 9, 1997 to Jerrol Friend, Commissioner, from Peggy Smith,
RE: Request for changes to RRl-Rural Residential One zoning district
concerning heavy equipment traffic on residential roads.
C) Letter dated January 9, 1997 to Jerrol Friend, Commissioner, from Rose Cobis,
RE: Request for changes to RRl-Rural Residential One zoning district
concerning heavy equipment traffic on residential roads.
D) Letter dated January 15, 1997 to Tom Bouillion from Rose Cobis, RE: Letter of
complaint about a welding business located on an RRl lot at 12906 Noch Drive.
E) Memorandum dated February 13, 1997 to Linda Freed from Donna Smith, RE:
Appeal to Board of Adjustment on Case 96-021 (Leisnoi's proposed LTF at
Myrtle Creek).
F) Letter dated February 14, 1997 to Fred Nass from Bob Scholze, RE: Conditions
of approval for Case 96-012 (permitted welding shop/home occupation at 1425
Yanovsky Street).
There were no further communications.
X. REPORTS
LINDA FREED reported the following upcoming meetings:
February 26 - No worksession
P & Z Minutes: February 19, 1997 Page 8 of 9
/ February 27 - Joint Worksession with Assembly
March 5 - P&Z worksession on nonconforming code section and planning for
proposed development in the Beaver Lake area
March 12 - Packet Review
March 19 - P&Z Regular meeting
MS. FREED also updated the Commission on the progress of the Sensitive Areas
Identification project, for oil spill contingency planning.
COMMISSIONER SCHEIDLER MOVED TO ACKNOWLEDGE RECEIPT of
reports. The motion was seconded and CARRIED by unanimous voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
Dr. Bob Johnson reported that the Borough Assembly would hear comments on the
negotiated lease of the Kodiak Island Hospital to the Sisters of Providence, at their
meeting on March 20.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
CHAIR FRIEND adjourned the meeting at 9:12 p.m.
ATTEST
By:g�- P,�._,___
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: March 19, 1997
Q,
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
Chair
P & Z Minutes: February 19, 1997
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