1997-09-17 Regular MeetingC
C
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING —SEPTEMBER 17, 1997
MINUTES
L 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 September 17, 1997 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Jerrol Friend, Chair
Donna Bell
Suzanne Hancock
Roberta Scheidler
Clarence Selig
Walter Stewart
Darlene Turner
Commissioners Absent: None
A quorum was established.
III. 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.
IV. MINUTES OF PREVIOUS MEETING
The minutes from the August 20, 1997 regular meeting were not available.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 97-008. Request for a conditional use permit, in accordance with Section
17.13.040.F (Conditional Uses) of the Borough Code, to permit non -recreational
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Page 1 of I
mineral extraction activities, specifically commercial removal of up to 300,000
cubic yards of rock in the C-Conservation zoning district, in Anton Larsen Bay
(postponed from the the June 18, and July 16,1997 regular meetings).
BOB SCHOLZE indicated that this case had been withdrawn by the agent,
Brechan Enterprises. No Commission action was necessary.
B) Case 96-010. A rezone, in accordance with Section 17.72.030.A (Manner of
Initiation) of the Borough Code, of Lot 18C, Block 8, and all of Block 3, Leite
Addition, and all of U.S. Survey 2873, f[4n1 Rl-Single family residential 1Q R2-
Two family residential (postponed from the May, 1996 regular meeting).
BOB SCHOLZE indicated 93 public hearing notices were mailed for this case and
4 were returned, 1 expressing no objection and 3 opposing this request. Staff
recommended that the Commission NOT forward this request to the Borough
Assembly.
COMMISSIONER TURNER MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly rezone Lots 18C and 18D, Block 8, and all of Block 3,
Leite Addition, and all of U.S. Survey 2873 from RI -Single family residential to
R2-Two family residential.
The motion was
Regular Session Closed.
Public Hearing Opened:
John Houser, Mission Road resident, called and expressed his opposition to this
request. He felt R2 development was inappropriate in this neighborhood because
of the lack of sidewalks, the close proximity to Potato Patch Lake (and therefore
the potential for increased use and damage to the lake), and the lack of adequate
parking for R2 development on most of the lots.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion FAILED by unanimous roll call vote.
COMMISSIONER TURNER MOVED TO ADOPT the findings in the staff
memorandum dated August 25, 1997 as "Findings of Fact' in support of this
recommendation.
1. Findings as to the Need and Justification fora Change or Amendment.
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A rezone of these lots from Rl to R2 is not needed or justified because R2
zoning:
A. while consistent with the applicable provisions of 1968 Kodiak
Island Borough Comprehensive Plan, is not consistent with historic
development trends that have resulted in predominantly single-
family build -out. Wholesale rezone of this entire area, given the
small size and/or width of the majority of lots, conflicts with the
established single-family residential character of the neighborhood.
B. allows for increased density, in spite of the fact that seven of the
thirty-five (35) properties in the rezone area do not front on
Mission Road and have substandard access that exists only by
fifteen (15) foot wide road easement or by driveway easement.
Increased density could exacerbate an already dangerous situation
with traffic ingress and egress due to line -of -sight obstructions at
the Urdahl Loop intersections. Mission Road itself is busy and
occasionally crowded, and pedestrian safety on a narrow road with
no sidewalks is an issue. Even with existing RI zoning, vehicles
from many houses back onto the street to enter traffic. Many
houses have been built close to the road because of rear lot
topography resulting from properties extending into Potatopatch
Lake or over Woody Island Channel bluff.
C. would have the effect of increasing density, while the existing City
sewer line is already under capacity for the single-family
residential build -out in this area.
D. while it would eliminate all instances of a nonconforming land use,
all four of the nonconforming duplexes would nevertheless remain
nonconforming structures due to a combination of substandard size
of the lots, lack of parking, and placement of these older duplexes
into required setbacks.
E. there is little that recommends rezone of an area when only
approximately twenty-five percent (25%) of the properties would
even be able to meet minimum eligibility criteria to take advantage
of the new zoning designation, or would need to request a variance
from the Commission in order to construct two-family dwellings.
2. 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 R2-Two family
residential is generally consistent with the 1968 Kodiak Island Borough
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Comprehensive Plan, which designates this area as medium and high
density residential. However, a comprehensive rezone of the entire area to
R2 is consistent with neither the Rl zoning in effect in this area in 1968,
nor with the historic trend of single-family residential development that
has evolved based on the RI zoning.
The motion was seconded and CARRIED by unanimous roll call vote.
C) Case 97-012. Planning and Zoning Commission review and approval, according
to Section 17.21.050.0 (Screening) of the Borough Code, of a proposed screening
plan between B-Business zoned Tract C-lA Woodland Acres Subdivision, 7th
Addition, and the adjacent R2-Two family residential zoned lots. 3472 Rezanof
Drive.
BOB SCHOLZE indicated 6 public hearing notices were mailed for this case and
none were returned. Staff recommends that the Commission approve the existing
solid six (6) foot high fence as appropriate screening along the lot line common to
Tract C-lA and Block 11, Woodland Acres Subdivision 7th Addition. Staff
further recommends that the Commission require, as part of this screening
approval, that a six (6) foot high solid fence be installed along the seventy (70)
foot portion of lot line common to Tract C-lA and Lot 5, Block 1, Kadiak Alaska
Subdivision 1st Addition, when residential development occurs on Lot 5,
consistent with the screening required otherwise between the business
development on Lot 4 and residentially zoned Lot 5.
COMMISSIONER SELIG MOVED TO APPROVE the existing six (6) foot
high solid fence as appropriate screening, as required by KIBC 1721.050.C, along
the lot line common to Tract C-1-A, Woodland Acres Subdivision, 7th Addition
and Block 11, Woodland Acres Subdivision, 7th Subdivision; and to require that
six (6) foot high solid fence be installed along the portion of lot line common to
Tract C-lA and Lot 5, Block 1, Kadiak Alaska Subdivision 1st Addition, when
residential development occurs on Lot 5.
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.
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D) Case 97-013. Request for a rezone, in accordance with Section 17.72.030.0
(Manner of Initiation) of the Borough Code, of that portion of Lot 34, U.S. Survey
2539 rezoned to RRl by Ordinance 86-31-0, from RRl-Rural residential One, to
C-Conservation. Generally located at Bruhn Point, in Womens Bay
(approximately 38 acres).
BOB SCHOLZE indicated 13 public hearing notices were mailed for this case and
1 was returned by the property owner, expressing support for this request. Staff
recommended approval of this request.
COMMISSIONER SELIG stated that he was a board member for Koniag, the
applicant, and asked for a determination from the Chair on a possible conflict of
interest.
CHAIR FRIEND determined that there was a potential for financial gain by
COMMISSIONER SELIG on this case, and excused him from the dias.
COMMISSIONER SCHEIDLER stated that she was the Financial Director for
Afognak Native Corporation and asked for a determination from the Chair on a
possible conflict of interest.
CHAIR FRIEND stated that he had been made aware of the situation, had
reviewed it, and had determined that there was no conflict of interest.
COMMISSIONER BELL MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of that portion of Lot 34, U.S. Survey
2539, (consisting of the approximately 38 acres that was rezoned to RRI by
Ordinance 86-31-0), from RRl Rural residential One tQ C-Conservation, and to
adopt the findings of fact in the staff report dated September 4, 1997 in support of
this recommendation.
17.72,020 A. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from RRl-Rural Residential One to C-Conservation is needed
and justified because the zoning district permits development that:
A. has, with five (5) acre lot minimums, reduced density potential,
especially residential, in an area with unanswered questions
regarding capacity of the low-lying land to meet ADEC criteria for
wastewater and sewage disposal, about verifiable sources of on -site
potable water to support one -acre development, and about the
nature and extent of former military landfilling on the property.
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17.72.020 B. Findings as to the Effect a Change or Amendment would
have on the Objectives of the Comprehensive Plan.
This proposed rezone area is not identified in the 1968 Borough
Comprehensive Plan.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
David Nesheim, agent for the applicant, appeared before the Commission and
expressed support for this request. He felt that rezoning from RRl to C-
Conservation would reduce the potential density.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
COMMISSIONER SELIG returned to the dias.
E) Case 97-014. Request for a rezone, in accordance with Section 17.72.030.0
(Manner of Initiation) of the Borough Code, of Lot 18, Block 8, Aleutian Homes
Subdivision, from B-Business, 14 Rl-Single family residential. 521 Lower Mill
Bay Road.
BOB SCHOLZE indicated 61 public hearing notices were mailed for this case and
2 were returned, both expressing support for this request, with 1 of those
specifically requesting that their lot be added to the rezone request. Staff noted
that there were other lots along Mill Bay Road that were zoned B-Business and
containing single family residences, which would benefit from being rezoned to
Rl. Staff recommended that the proposed rezone area be expanded to include
these lots, and that action be postponed until the October or November 1997
regular meeting.
COMMISSIONER STEWART MOVED TO INVESTIGATE the rezone of
those lots along Mill Bay Road, in Blocks 8, 11 and 12, Aleutian Homes
Subdivision, currently zoned B-Business and containing nonconforming
residential development, to RI -Single family Residential, and to hear the case at
the November, 1997 P&Z regular meeting.
The motion was SECONDED.
Regular Session Closed.
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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.
F) Case S97-014. Request for preliminary approval of the subdivision of Lot IA,
Block 2, Shahaflca Acres Subdivision, creating Lots IA-1 and 1A-2, Block 2,
Shahafka Acres Subdivision. 2944 Cove Drive.
BOB SCHOLZE indicated 24 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request, subject to one
condition.
COMMISSIONER HANCOCK MOVED TO GRANT preliminary approval of
the subdivision of Lot 1-A, Block 2, Shahafka Acres Subdivision creating Lots
IA-1 and IA-2, Block 2, Shahafka Acres Subdivision, subject to the conditions of
approval contained in the staff report dated September 9, 1997 and to adopt the
findings in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Plat a five (5) foot wide utility easement on the easterly portion of the
flagstem of proposed Lot IA-2 adjacent to proposed Lot IA-1.
FINDINGS OF FACT
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.
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.
Public Hearing Opened:
Seeing and hearing none.
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Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
G) Case S97-015. Request for preliminary approval of the subdivision of Lot 15A,
U.S. Survey 3101, creating Lots 15A-1, 15A-2, and 15A-3, U.S. Survey 3101.
3384 Spruce Cape Road.
BOB SCHOLZE indicated 31 public hearing notices were mailed for this case and
1 was returned, expressing no objection to the request. Staff recommended
approval of this request subject to conditions.
COMMISSIONER SCHEIDLER MOVED TO GRANT preliminary approval of
the subdivision of Lot 15A, USS 3101 creating Lots 15A-1, 15A-2, 15A-3, USS
3101 and a thirty (30) foot wide road and utility easement, subject to the
conditions of approval contained in the staff report dated September 17, 1997, and
to adopt the findings in the supplemental staff report dated August 25, 1997 as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL:
1. Plat a twenty (20) foot wide sewer easement ten (10) feet each side of the
lot line common to proposed Lots 15A-2 and 15A-3 for sewer line
relocation to provide sewer service for the future replatting of Lot 15A-1.
2. Plat a twenty (20) foot wide sewer easement ten (10) feet each side of the
existing sewer line crossing proposed Lot 15A-2 serving the dwelling
units on proposed Lot 15A-1. This easement can be extinguished when
the sewer line is relocated.
3. Prior to final plat approval, install in the ditch along the northwesterly
boundary of the roadway/utility easement a minimum fifteen (15) foot
long, eighteen (18) inch diameter culvert, covered by minimum required
fill, to provide a pad for driveway access to Lot 15A-3 that will skirt the
standing water at the southwest comer of the lot. Since, to completely
avoid the wet area on Lot 15A-3, the culvert will have to extend at least
five (5) feet into Lot 15A-2, a driveway access easement will be platted
where the culvert and driveway pad accessing Lot 15A-3 extend into the
portions of Lot 15A-2 not covered by the roadway easement.
4. Place plat notes stating:
1. "The twenty-five (25) foot front yard setbacks of Lots 15A-2 and
15A-3 will be calculated from the edge of the thirty (30) foot wide
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roadway and utility easement. The twenty-five (25) foot front yard
setback on Lot 15A-1 and the ten (10) foot side yard setback on
Lot 15A-2 will be calculated from the property lines of those lots
common with the fifteen (15) foot wide flagstem of Lot 15B-1."
2. "Driveway access to Lot 15A-2 from Arlene Way across the
Borough road maintenance easement is restricted to the lower, or
most southeasterly, fifty (50) feet of the lot."
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, with conditions, provides a subdivision of land that is consistent
with adopted Borough plans for this area.
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 S92-021. Planning and Zoning Commission final review of the subdivision
of Lot A5, Tract A, Kadiak Alaska Subdivision, creating Lots A5-1 through A5-5,
Tract A, Kadiak Alaska Subdivision, required as a condition of preliminary
approval. 3100 Woody Way Loop.
BOB SCHOLZE indicated that staff had received a letter from the City of Kodiak
indicating that the road construction and drainage features should be completed
for that area by August, 1998. Staff recommended the Commission acknowledge
that all information required to satisfy conditions of preliminary approval have
been submitted and that final review has been completed.
P & Z Minutes: September 17, 1997 Page 9 of 11
COMMISSIONER TURNER MOVED TO ACKNOWLEDGE review and
accept the final plat of the subdivision of Lot A5, Tract A, Kadiak Alaska
Subdivision, creating Lots A5-1 through A5-5, Tract A, Kadiak Alaska
Subdivision, as meeting the conditions of preliminary approval, as provided by
KIBC 16.50.010.B.
The motion was SECONDED and CARRIED by unanimous roll call vote.
1y/ M I M L[Ci' : i7.yKi�.`f.`1
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of items
A and B of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) News article: Landowner stalls own plan to cut private road near Kenai River, by
Jon Little, from September 6, 1997 Anchorage Daily News.
B) Letter from Margaret Short to Jerrol Friend, Commission Chair, thanking the
Commission for their time, energy and guidance during the Anton Larsen Bay
rock quarry issue.
There were no further communications.
X. REPORTS
LINDA FREED reported on upcoming meetings:
Parks Dedication (Island Lake Creek Trail, Mill Bay Beach Park and Woodland
Acres Neighborhood Park) on Saturday, October 4 at 12:00 noon.
Regular Borough Assembly Meeting, Tuesday, September 23 at 7:30 p.m.,
(rescheduled from Thursday, September 18).
Oil Spill Planning Meetings, September 26, and October 6, 1997.
She also reviewed the upcoming proposed subdivision of Block 3, Lakeside Subdivision.
She stated that surveyor Bob Tarrant and Resource Management Officer Bud Cassidy had
been working on a plan that would work best, based on the topography of that block. The
preliminary plat would be on the Commission's October agenda.
MS. FREED advised the Commission that the Borough had received a federal grant for
providing a public transit system for the Kodiak urban area. A group of individuals from
P & Z Minutes: September 17, 1997 Page 10 of 11
the Borough, Kodiak Senior Center, Kodiak Chamber of Commerce and Kodiak Island
Housing Authority had secured the grant and was working on an RFP for contracting the
bus service to someone in the community. The group was planning on having the bus
service operating by January, 1998.
MS. FREED also pointed out that the October P&Z agenda would be a full one, and that
staff did not have agenda items for worksessions on September 26 and October 6. The
Commission agreed to not hold worksessions on those dates.
BOB SCHOLZE reported that the City of Port Lions had approved the revised 1997 Port
Lions Comprehensive Development Plan, and that it would also be on the Commission's
October agenda.
COMMISSIONER SELIG 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
COMMISSIONER HANCOCK reported that she had the opportunity to walk the Island
Lake Creek Trail and that it was a beautiful trail. She was excited about the possibility of
more extensive trails around Kodiak Island.
K 411 I•\ 01 [$11119061�►�
CHAIR FRIEND adjourned the meeting at 8:18 p.m.
KODIAK ISLAND BOROUGH
ierTol Friend, Chair
ATTEST
By: �ah--
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: November 19, 1997
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