Loading...
1997-11-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING —NOVEMBER 19, 1997 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chair Friend on November 19, 1997 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Jerrol Friend, Chair Linda Freed, Director Donna Bell Community Development Dept. Suzanne Hancock Bob Scholze, Associate Planner Walter Stewart Community Development Dept. Robbie Scheidler Eileen Probasco, Secretary Community Development Dept. Commissioners Absent: Darlene Turner - Excused Clarence Selig — Excused A quorum was established. III. APPROVAL OF AGENDA 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 COMMISSIONER STEWART MOVED TO ACCEPT the minutes of the August 15, September 17, and October 15, 1997 Planning and Zoning Commission regular meetings 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: November 19, 1997 Page I of 19 A) Case 97-014. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of Lots 17 and 18, Block 8; Lot 6, Block 11; Lots 7, 35, 36A, 51, 52, and 56-59, Block 12, Aleutian Homes Subdivision (a total of 12 lots), fLm B-Business, IQ RI -Single family residential. 523 Hemlock, 111 Birch, and 521, 611, 813, 819, 911, 1011, 1013, 1015, 1017, and 1111 Mill Bay Road. (Postponed and expanded from the September, 1997 regular meeting). BOB SCHOLZE indicated 190 public hearing notices were mailed for this case and 2 were returned, 1 opposing this request and 1 outside of the rezone area expressing no objection. Staff pointed out that all of the affected property owners had been personally contacted and that some had requested that their lot be withdrawn from the request, and 5 property owners had expressed their desire to proceed with the rezone back to Rl. Staff recommended the commission forward this request to the assembly, recommending approval of the rezoning of these 5 lots. COMMISSIONER SCHEIDLER MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 18, Block 8; Lot 6, Block 11; and Lots 35, 36A, and 59, Block 12, Aleutian Homes Subdivision from B- Business to RI Single-family Residential, and to adopt the findings of fact in the staff report dated November 3, 1997, in support of this recommendation FINDINGS OF FACT 17,72,020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from B-Business to RI Single-family Residential is needed and justified because the RI zoning district permits residential development that: A. is consistent with the KIB Comprehensive Plan; B. is consistent with the existing use of the five (5) lots as single-family residences, thereby eliminating five nonconforming uses. C. is better suited to road design capacity and safety, having less traffic demands than commercial uses; D. is better suited to the size and location of the lots to meet parking, access and circulation requirements; P & Z Minutes: November 19, 1997 Page 2 of 19 R will advance and facilitate residential use of existing homes by affording home owners structural expansion options not available to nonconforming residential uses on small B-Business lots. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A change of zoning from the B-Business to RI Single-family Residential zoning district is necessary to be consistent with the medium density residential designation of the Comprehensive Plan, thereby eliminating five nonconforming uses and potentially reducing traffic problems along one of the busiest arterials in Kodiak. 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. B) Case 97-017. Planning and Zoning Commission review and approval of the Revised (1997) Port Lions Comprehensive Development Plan. (Postponed from the October 15,1997 regular meeting). BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and none were returned. Staff recommended the Commission forward this plan to the Borough Assembly recommending adoption of the plan and incorporation into Title 17, Zoning, of the Borough Code. COMMISSIONER STEWART MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the revised Port Lions Comprehensive Development Plan, dated 1997, and incorporate the plan into the Kodiak Island Borough Comprehensive Plan. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. P & Z Minutes: November 19, 1997 Page 3 of 19 Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. C) Case 97-018. Request for a rezone, in accordance with Section 17.72.030.B (Manner of Initiation) of the Borough Code, of proposed Tract D, a portion of U.S. Survey 5509 (approximately 6.62 acres), from W-Watershed to PL-Public Use Lands. (Postponed from the October 15,1997 regular meeting). COMMISSIONER SCHEIDLER declared that she was the Finance Director for Afognak Native Corporation, the applicant, and asked for a conflict of interest determination from the Chair. CHAIR FRIEND stated that he had been made aware of the situation and since there was no potential for personal financial gain from the decision, he determined that there was no conflict of interest. BOB SCHOLZE indicated 28 public hearing notices were mailed for this case and none were returned. Staff recommended the Commission forward this request to the Borough Assembly with a recommendation for approval. COMMISSIONER BELL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract D, U.S. Survey 5509, consisting of 6.62 acres, from W-Watershed to PL-Public Use Lands, and to adopt the findings of fact in the staff report dated September 22, 1997, in support of this recommendation. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone fm W-Watershed to PL-Public Use Lands is needed and justified because the PL-Public Use Lands zoning district permits development that: A. is consistent with the Public Land designation of this parcel in the 1997 Revised Port Lions Comprehensive Development Plan. A will facilitate dispensation of needed social and community services, including the Village Spirit Program for teens, the Indian Tribal Welfare Program, Title 6 Food program for seniors, a tribal cultural center, offices and perhaps a clinic, through the Tribal Council community building/cultural center, which is a permitted use in the proposed PL- ( Public Use Lands; P & Z Minutes: November 19, 1997 Page 4 of 19 C. will rezone a tract that has good accessibility for both vehicular and pedestrian traffic near the Port Lions' population core and provides a reasonable site adjacent to established right-of-ways for the development proposed. 17.72.020 B. Findings as to the Eoect a Change or Amendment would have on the Obieetives of the Comprehensive Plan. A change of zoning from W-Watershed to PE -Public Use Lands zoning district is necessary in order to make the zoning consistent with the 1997 Revised Port Lions Comprehensive Development Plan, to allow construction of the Tribal Council community center/cultural building as a permitted use, and to facilitate dispensation of needed social and community services under a single roof. 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 97-019. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Planning Commission — Assembly Approval) of the Borough Code, of the disposal for fair market value of the following parcels (Postponed from the October 15,1997 regular meeting): A portion of Lot 10, Block 3, Lakeside Subdivision (2260 Selief Lane) Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) Tract A, ASLS 82-133 (Ugak Bay) Portion of Lot 8, Block 3, Kodiak Townsite (behind 216 Mill Bay Road). BUD CASSIDY, staff member for this case, reported that this was a routine review by the Commission of several lots, or portions of lots, for the purpose of disposal at the next Borough land sale. Staff recommended the Commission forward this request to the Borough Assembly with a recommendation of approval. COMMISSIONER HANCOCK MOVED TO ADOPT the following resolution containing a recommendation to the Kodiak Island Borough Assembly regarding the disposal of Borough real property: P & Z Minutes: November 19, 1997 Page 5 of 19 ' Be it resolved by the Kodiak Island Borough Planning and Zoning Commission that: A. The parcels listed below are consistent with the Kodiak Island Borough Comprehensive Plan; B. The parcels listed below are surplus to the needs of the Borough; C. The parcels listed below have been reviewed in accordance with Section 18.20.030 of the Borough Code, at an advertised and noticed public hearing; and D. The parcels listed below should be disposed of by sale at a future Borough public land sale. 1. A portion of Lot 10, Block 3, Lakeside Subdivision 2. Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) 3. Tract A, ASLS 82-133 (Ugak Bay) 4. A portion of Lot 8, Block 3, Kodiak Townsite 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. E) Case S97-019. Request for preliminary approval of the vacation of Lots 4 through 11, Block 3, Lakeside Subdivision, and various portions of Selief Lane and Beaver Lake Drive, and replat to Lots 4-14, Block 1, and Block 2, Selief Estates. Selief Lane, Beaver Lake Drive and Von Scheele Way. BOB SCHOLZE indicated 21 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to conditions. COMIVIISSIONER STEWART MOVED TO GRANT preliminary approval of the vacation of Lots 4 through 11, Block 3, in Lakeside Subdivision, and various portions of Selief Lane and Beaver Lake Drive right-of-way; and replat to Lots 4 through 14, Block 1, Selief Estates and Block 2, Selief Estates, subject to the conditions of approval contained in the summary statement dated November 19, P & Z Minutes: November 19, 1997 Page 6 of 19 1997 and to adopt the findings in the staff report dated November 6, 1997 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Prior to final plat approval, provide an engineered drainage plan to the Engineering/Facilities Department for review. 2. The three fire hydrants located within portions of right-of-way proposed to be vacated must be located in the right of way on the final plat either by moving the hydrants or redrawing front lot lines around the hydrants, as requested by City Public Works Department according to City Code Section 13.18.020.C.4. 3. As recommended by KIBC 16.70.020.A.6, dumpster and mailbox pads serving the subdivision will be installed prior to final plat approval. The location of the pads must be approved by the engineering and facilities department prior to installation. 4. Designate the twenty foot wide vacated portions of Selief Lane and Beaver Lake Drive as a utility and road maintenance easement. 5. Place a plat note stating: "Driveway access to Lot 14 is restricted to a single driveway which must be located off of Beaver Lake Drive, and must be at least fifty (50) feet from the corner created by the intersection of Selief Lane and Beaver Lake Drive." 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: P & Z Minutes: November 19, 1997 Page 7 of 19 CSeeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. F) Case 97-021. Request for a conditional use permit, in accordance with Section 17.13.040.17 (Conditional uses) of the Borough Code, to permit non -recreational gravel extraction activities, consisting of the removal of approximately 20,000 cubic yards of material, within Section 23, T31S, R20W. Generally located near Lake Rose Tead, at Pasagshak Bay. BOB SCHOLZE indicated 55 public hearing notices were mailed for this case and 2 were returned, 1 in support of and 1 opposing this request. Staff recommended approval of this request subject to conditions, as shown in the revised summary statement. COMMISSIONER SCHEIDLER MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.17 (Conditional uses) of the Borough Code to permit non -recreational gravel extraction activities, consisting of the removal of approximately 20,000 cubic yards of material within Section 23, T31S, R20W; subject to the conditions of approval contained in the summary statement dated November 19, 1997 and to adopt the findings contained in the staff report dated October 21, 1997 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL This conditional use permit is approved for the amount of material and the timeframe specified in the Alaska Department of Natural Resources material sales contract permitting this operation. 2. A minimum of five (5) acres, consistent with the minimum lot area for the C-Conservation zoning district, must be defined by survey description or metes and bounds corresponding with the CUP area. 3. Maintain a minimum twenty-five (25) foot undisturbed buffer between the stream water course and activity and equipment operations related to the project. 4. Maintain a minimum one hundred (100) foot wide undisturbed greenbelt/buffer along the road in order to preserve the majority of the cottonwoods and to provide visual screening of the project's operation. P & Z Minutes: November 19, 1997 Page 8 of 19 FINDINGS OF FACT 17 67 05 A That the conditional use will preserve the value spirit character and integrity of the surrounding area. The value, spirit, character and integrity of the surrounding area can be preserved by measures taken to minimize impacts from the gravel extraction. These include visual screening from the roadway, control of potential erosion and runoff, and reclamation consisting of recontouring the site, and reestablishment of vegetation. The applicant proposes to stabilize the site to allow sufficient moisture to be retained for natural vegetation, and to respread stockpiled topsoil over the reclaimed area to promote natural plant growth. 17.67.05 B. That the conditional use tubUIL all other requirements of this chaff pertaining to the conditional use in question. The site plan indicates location of stationary equipment and aggregate washing plant away from the seasonal, intermittent creek nearby. Site grading should establish a slope away from the creek toward the settling pond and berm. The access point from the Pasagshak Road will be identified and a minimum of twenty-four (24) feet wide to accommodate two-way traffic if necessary. Retention of a fifty (50) foot greenbelt will provide natural screening between the operation and the road. Non recreational mineral extraction activities, such as this commercial gravel excavation, are specifically permitted as a conditional use in the C-Conservation zoning district. Safeguards can be employed to minimize impacts while realistically and economically providing a resource necessary to the development of an activity previously permitted as an appropriate conditional use (i.e., rocket launch facility). 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety. convenience and comfort. The gravel extraction site is located two miles from tideland at Pasagshak Beach, and a half -mile from Lake Rose Tead, and therefore well away from anadromous fish habitat. The nearest residences are nearly a mile away, ensuring minimal noise and dust impact on neighbors. The greatest impact may be on traffic, due to the heavy recreational use of the area during the summer. Adequate access to the site provided by a wide ingress/egress point will help alleviate potential traffic safetyproblems. 17 67 05 D. That su fcient setbacks lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. P & Z Minutes: November 19, 1997 Page 9 of 19 The remoteness of the site, combined with topography and natural vegetation, ensures sufficient buffering from nearest residential development. Vegetation retained as fifty (50) foot wide greenbelt between the site and the road will provide screening from traffic and recreationalists using Lake Rose Tead. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Willie Heinrichs. property owner in Pasagshak, appeared before the Commission to ask some questions. He was curious as to why this location was chosen. He was concerned about aesthetics and wanted to ensure that the natural beauty of the area was maintained. Bill Oliver. agent for the applicant, appeared before the Commission to express support for the request and to respond to Mr. Heinrich's concerns. He said the site was chosen because it contained rock that was similar to that which was used from the Bells Flats site. He also pointed out that there was the potential for construction activity in that area with road improvements and excavation and concrete work at the rocket launch facility. Tom Abell appeared before the Commission to state that he understood the concern about aesthetics, and felt that the local construction firm would most likely be more conscientious than an outside firm about doing a nice job. Public Hearing Closed. Regular Session Opened. The Commission discussed potential road improvements in Pasagshak, how appropriate buffers were determined, and the fact that the estimated 20,000 cubic yard limit was set by the Alaska Department of Natural Resources material sales contract, and that if more rock were needed, it would likely require further review. The question was called and the motion CARRIED by unanimous roll call vote. G) Case 97-022. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of Lot 6A, Brookers Lagoon, from RR1-Rural Residential One to C-Conservation. 37632 Chiniak Highway. COMMISSIONER SCHEDILER declared that she was an adjoining property owner and asked the Chair for a determination on a possible conflict of interest. CHAIR FRIEND determined there was no conflict of interest. P & Z Minutes: November 19, 1997 Page 10 of 19 BOB SCHOLZE indicated 25 public hearing notices were mailed for this case and 2 were returned, 1 in opposition, and 1 stating no objection to this request. Staff recommended the Commission forward this request to the Borough Assembly with a recommendation of approval. COMMISSIONER BELL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 6A, Brookers Lagoon, from RRl- Rural Residential One to C-Conservation, and to adopt the findings of fact in the staff report dated October 20, 1997, in support of this recommendation: FINDINGS OF FACT 17 72 020 A Findings as to the Need and Justification for a Change or Amendment. A rezone from RRI-Rural Residential One to C-Conservation is needed and justified because the C-Conservation zoning district permits development that: A. is consistent with the Chiniak Comprehensive Plan, since single-family residential is a permitted use in the C-Conservation zoning district, while at the same time maintaining the rural nature of the area by guaranteeing large lots (in this case, five acre minimum) that have the capability of onsite waste water disposal and water supply systems as specifically recommended by the Chiniak Comprehensive Plan. B. the tract proposed for rezone to C-Conservation is adjacent to existing Conservation zoning, and a rezone would not create any nonconformities. 17.72.020 B. Findings as to the E,(fect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A change of zoning from RRI-Rural Residential One to the C-Conservation zoning district, since the lot area minimum would essentially increase from approximately one acre to five acres, would have the effect of maintaining the large -lot rural character of the area as recommended by the Chiniak Comprehensive Plan. The Chiniak Comprehensive Plan designates this area as residential, and single-family residential is a principal permitted use in the C- Conservation zoning district. A rezone would also be consistent with the Chiniak Comprehensive Plan since specific intentions of the C-Conservation zoning district are to encourage the use of land for single-family residential (KIBC 17.13.010.A) and to encourage the continued use of land for open space areas C, (KIBC 17.13.010.B). The motion was SECONDED. P & Z Minutes: November 19, 1997 Page 11 of 19 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. IT) Case 97-023. Request for a conditional use permit, in accordance with Section 17.13.040.13 of the Borough Code, to permit a camp/retreat similar to a lodge, with provisions for more than 6 clients, on a C-Conservation zoned lot. Lot 6A, Brookers Lagoon. BOB SCHOLZE indicated 25 public hearing notices were mailed for this case and 2 were returned, 1 opposing this request and 1 stating no objection. Staff recommended approval of this request subject to conditions. COMMISSIONER HANCOCK MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.D of the Borough Code to permit on Lot 6A, Brookers Lagoon Subdivision a camp/retreat consisting of a residence and not more that six yurts, not exceeding total occupancy of twenty-four (24) persons at any one time, as similar to a lodge with provisions for more that six clients; subject to the conditions of approval contained in the staff report dated October 20, 1997; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This conditional use permit is contingent on rezone of Lot 6A, Brookers Lagoon Subdivision to C-Conservation (Case 97-022). 2. This conditional use permit is issued for a maximum of twenty-four (24) occupants (visitors plus staff) at any one time. Only after further review and approval by the Commission at public hearing can occupancy be increased. 3. Engineered plans approved by ADEC for the proposed water and septic systems, including the shower/bathroom facility, must meet State wastewater and drinking water code requirements for commercial enterprise. The approved plans must be provided to the Community Development Department prior to issuance of zoning compliance permits for any of the yurts. P & Z Minutes: November 19, 1997 Page 12 of 19 4. A solid waste management plan must be approved by the Borough Environmental Engineer. 5. Replat or subdivision of Lot 6A will invalidate this CUP unless prior approval is granted by the Commission at public hearing. FINDINGS OF FACT 17,67 05 A That the conditional use will preserve the value spirit character and integrity of the surrounding area Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. The nature of the principal activity being proposed as a camp or retreat for spiritual and/or educational pursuits might be seen as ensuring minimal impact since a natural, undisturbed setting would be the principal attraction for potential clients/visitors. Limiting this twelve -acre tract to only a single permanent residence would have the effect of maintaining the large -lot rural character of the area. In addition, it would reduce potential demand for wastewater disposal and water supply systems in an area that has been identified as having potential problems due to water table and wet, marshy areas. This is consistent with objectives and goals specified in the Chiniak Comprehensive Plan. Conditions of approval requiring ADEC approval for proposed water and septic systems as well as a solid waste management plan, and the relatively light density for size of the lot along with the inherent seasonal nature of the camp/retreat, will help to preserve the value, spirit, character and integrity of the surrounding area. 17 67 05 B That the conditional use fulalls all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that the conditional use permit will fulfzll all other requirements of Chapters 17.67 (Conditional Use Permits) and 17.13 (C-Conservation Zoning District) of Borough Code as outlined above. The development will most likely result in maximum retention of natural vegetation and shrubbery to provide buffering and screening to better isolate the camp/retreat in a peaceful and natural setting. 17.67.05C. That granting the conditional use permit will not be harmful to the public health. sa/ety, convenience and comfort. P & Z Minutes: November 19, 1997 Page 13 of 19 Public health and safety will be protected by compliance with ADEC sewer and water installation requirements and other applicable zoning and building permit requirements related to camp/retreat use of the property. Occupancy control imposed by the condition of approval will further ensure health and safety, as well as provide a measure of guarantee that the convenience and comfort of neighbors will not be compromised. 17.67.05 D. That su�Eicient setbacks, lot area buoers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The conditions of approval combined with the inherent benign, non -intrusive nature of the proposed activity should minimize potential negative off -site impacts on other permitted uses in the area. Potential density on the property, taking into consideration the seasonal, intermittent nature of occupancy of the camp/retreat, will most likely be less that adjacent RRI zoning district build -out. Response from adjoining property owners indicates their preference for a camp/retreat on this twelve acres rather than the residential six -lot subdivision with two -acre density that would potentially result otherwise. Installation of roads, driveways and building pads for six houses would result in a significantly greater loss of vegetation and in potentially greater negative drainage impact from erosion and run-off than would be the case with a single residence as proposed with this project. 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. I) Case 97-024. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of Lot 3, Block 1, Woodland Acres Subdivision, from RR -Rural Residential to B-Business, UNC-Urban Neighborhood Commercial, or RB-Retail Business. P & Z Minutes: November 19, 1997 Page 14 of 19 BOB SCHOLZE indicated 56 public hearing notices were mailed for this case and 1 was returned expressing no objection to this request. Staff recommended postponement of this request until the December 1997 regular meeting. COMMISSIONER STEWART MOVED TO POSTPONE action on Case 97- 024, and to investigate expanding the proposed area for rezoning, and to schedule it for a public hearing at the December 1997 Planning and Zoning Commission regular meeting. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: A letter was read into the record from Brett and Katherine Simpler opposing this request. Daniel Carlson, neighboring property owner, appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. .n Case 97-025. Request for a conditional use permit, in accordance with Section 17.13.040.E (Conditional Uses) of the Borough Code, to allow support facilities for timber harvesting activities, consisting of four (4) structures which will be used for office and storage space, to be located on a portion of Lot 34, U.S. Survey 2539, at Bruhn Point. BOB SCHOLZE indicated 13 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to four conditions. CHAIR FRIEND declared that he was the contractor for the agent in this case and that he had a conflict of interest. He passed the gavel to COMMISSIONER BELL and left the dias. COMMISSIONER SCHEIDLER MOVED TO GRANT a conditional use permit, in accordance with Section 17.13.040.E (Conditional Uses) of the Borough Code, to allow support facilities for timber harvesting activities consisting of three (3) existing temporary structures (two 8 ft. by 40 ft. containers and one 8 ft. by 12 ft. wood structure), and four (4) temporary structures to be located on a portion of Lot 34, U.S. Survey 2539, subject to the conditions of P & Z Minutes: November 19, 1997 Page 15 of 19 approval contained in the staff report dated October 22, 1997, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL All structures permitted by this CUP as support facilities for the log sorting and storage operation on Lot 34 will be removed from the property within sixty (60) days after logging related activities on the property are discontinued, unless a zoning compliance permit is issued to allow them to remain otherwise as a permitted use. 2. Provide a dumpster on site as approved by the Borough Environmental Engineer. 3. Provide containment for the 500 gallon oil tank. 4. Provide documentation that the proposed restroom sanitation facility consisting of an electric incinerator toilet, satisfies ADEC requirements for the activity proposed, or, in the alternative, provide sanitation facilities that do. FINDINGS OF FACT 17 67 050 A That the conditional use will preserve the value spirit character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood and with good traffic access. In the three years that the log sorting and storing yard has been in operation, staff has received no complaints about negative impacts on the surrounding area. 17 67 050 B. That the conditional use ,fulfills all other requirements of this chanter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that the condition use permit will fulfill all other requirements of chapters 17.67 (Conditional Use Permits) and 17.13 (C-Conservation Zoning District) of Borough Code as outlined above. Parking, access, and vehicular and pedestrian circulation requirements are satisfied. For years, prior to the present and proposed activity, the property served as little more that an unsightly abandoned dump and, occasionally, squatters' haven. With commercial aspects of timber harvesting as permitted by CUP, the property has the potential of productive utilization with minimal impact. P & Z Minutes: November 19, 1997 Page 16 of 19 17.67.050 C. That granting the conditional use permit will not be harmful to the public health, salty, convenience and comfort Compliance with State ADEC specifications for restroom and sanitation facilities and with applicable Uniform Building Code regulations will ensure that the granting of the conditional use permit will not be harmfd to the public health and safety. Since there are no immediate neighbors or nearby residences, convenience and comfort of adjacent uses will not be compromised. 17 67 050 D. That suocient setbackr lot area buoers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Commission can require whatever screening or buffering it finds appropriate to preserve value, spirit, character, and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other adjacent uses and the location of the proposed office and storage buildings is above and well back from the highway. Appropriately, the proposed and existing support facilities permitted by this CUP will complement and further the function of the ongoing timber harvest activities Qog sorting and storage operation) otherwise permitted outright in the C- Conservation zoning district. 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 reported that ADEC had determined their wastewater facilities were adequate, and they would provide a letter of confirmation. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. CHAIR FRIEND returned to the dias, and COMMISSIONER BELL returned the gavel to him. VII. OLD BUSINESS There was no old business. P & Z Minutes: November 19, 1997 Page 17 of 19 E VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER SCHEIDLER MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated October 27, 1997 to Fred and Ruth Brechan, from Tom Bouillion, RE: Hazardous building debris on Lot 23, Block 1, Russian Creek Subdivision. B) Article from May 1996 Consumer Reports, entitled Neighborhoods Reborn. C) Article from October 26, 1997 Anchorage Daily News entitled Zoning, More enforcement — and it's about time. D) Letter dated October 30, 1997 to Kyle Hickok from Tom Bouillion, RE: Placement of Mobile Home without permits on Lot 3C-1, Block 5, Bells Flats Subdivision There were no further communications. X. REPORTS Linda Freed reported on upcoming meetings. December 3 12 Noon Conference Room APA Audio Conference December 10 7:30 p.m. Conference Room Packet review worksession December 17 7:30 p.m. Assembly Chambers Regular meeting COMMISSIONER STEWART 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 P & Z Minutes: November 19, 1997 Page 18 of 19 t XIII. ADJOURNMENT C CHAIR FRIEND adjourned the meeting at 8:30 p.m. KODIAK ISLAND BOROUGH PLANNING ZO dG C S ON By: Jerfol Friend, Chair ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: December 17, 1997 P & Z Minutes: November 19, 1997 Page 19 of 19