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1998-04-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING —APRIL 15, 1998 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 Turner on April 15, 1998 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Darlene Turner, Chair Donna Bell Jerrol Friend Bob Himes Clarence Selig Walter Stewart Commissioners Absent: Roberta Scheidler - Excused 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 SELIG 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 HIMES MOVED TO ACCEPT the minutes of the February 18, 1998 Planning and Zoning Commission regular meeting 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. VI. PUBLIC HEARINGS P & Z Minutes: April 18, 1998 Page 1 of 24 A) Case 98-006. Request for a conditional use permit, in accordance with Section 17.13.040.D (Conditional Uses) of the Borough Code, to permit a temporary construction camp consisting of newly placed modular units as a bunkhouse, along with existing cabins, with provisions for up to 75 people for 3 years, and approval for a permanent, seasonal recreational camp/ retreat using only existing structures, for up to 50 people. U.S. Survey 5703, generally located between Pasagshak Bay and Narrow Cape. (Postponed from the March 18,1998 regular meeting). BOB SCHOLZE indicated 64 public hearing notices were mailed for this case this month and 7 were returned, 5 in favor of the request, 1 in favor of the recreational camp but opposed to the construction camp, and 1 from DEC proposing conditions. Staff recommended approval of this request, subject to 8 conditions. CONMSSIONER STEWART MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.D (Conditional Uses) of the Borough Code to permit a temporary construction camp with provisions for up to 75 people for three (3) years, and approval for a permanent, seasonal recreational camp with provisions for up to 50 people; subject to the conditions of approval contained in the staff report dated April 3, 1998, 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, as it applies to the construction camp, is issued for a maximum of seventy-five (75) occupants at any one time and for a maximum of three (3) years (until April 15, 2001). As it applies to the on -going, seasonal recreational camp/retreat, the conditional use permit is issued for a maximum of fifty (50) people. 2. Engineered plans approved by ADEC for the proposed water and septic systems, including showerlbathroom facilities, must meet Class A type wastewater and drinking water regulations as defined in and 18.AAC.70 and 18.AAC.80. The approved plans must be provided to the Community Development Department prior to issuance of zoning compliance permit. 3. A food service permit as required by ADEC must be obtained if food is to be prepared and served in a dining room facility on site. A storm water pollution prevention plan to address water quality must be submitted to ADEC for approval as required. Copies of these, if required by ADEC, must be provided to the Community Development Department prior to issuance of zoning compliance permit. 4. Housing units and camp structures specifically placed on the property for use in conjunction with the temporary construction camp must be removed P & Z Minutes: April 18, 1998 Page 2 of 24 within sixty (60) days of completion of Rocket Launch Facility construction unless otherwise permitted to remain as part of the camp/retreat. A solid waste management plan must be approved by the Borough Environmental Engineer. 6. The entrance drive must be surfaced with gravel and be twenty-four (24) feet wide to accommodate two-way traffic, and parking areas designated on the site plan dated March 2, 1998 must be graded and surfaced and otherwise developed consistent with the standards of KIBC 17.57.080. 7. An undisturbed buffer of one hundred (100) feet must be left between site development, including grading and surfacing of access road and parking areas, and Swamp Creek, which has been identified as anadromous salmon stream. 8. The existing cabins identified in the site plan, which will be occupied commercially in conjunction with the construction camp, must be issued building permits to document compliance with building codes in order to continue to serve as a camp/retreat and to serve as part of the construction camp. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit. character and intezrity 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 includes the condition of approval requiring ADEC approval for proposed water and septic systems, a food service permit, a storm water pollution prevention plan, if required, and a solid waste management plan approved by the Borough Environmental Engineer. An undisturbed buffer of one hundred (100) feet between Swamp Creek and any site development, including access road and parking area grading and surfacing, will offer protection for spawning habitat. The requirement to remove housing units and camp structures specifically placed on the property for use in conjunction with the temporary construction camp will help ensure that there will not be residual impacts unrelated to the identified need and permitted use. 17 67 05 B That the conditional use fulfills all other requirements Qf this chanter pertaining to the conditional use in question. Based on the site play and other supporting documentation, it appears that the conditional use permit will figtll all other requirements of Chapters 17.67 and P & Z Minutes: April 18, 1998 Page 3 of 24 17.13 of Borough Code as outlined above. Conditions of approval addressing setbacks from the stream, engineered septic and sanitation facilities, storm water pollution prevention plan, and solid waste management will help to retain natural vegetation coverage and natural drainage patterns, prevent excessive runoff and erosion, and maintain surface water quality and natural groundwater recharge areas in the uplands. 17,67.05 C. That granting the conditional use permit will not be harmful to the public health. safety, convenience and comfort. Public health and safety will be protected by compliance with ADEC sewer and water installation requirements and other applicable zoning and building code requirements related to the camp use of the property. The remoteness of the site guarantees that convenience and comfort of neighbors will not be compromised. 17,67.05 D. That sualcient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A throueh C of this section. At five acres, the site satisfies the minimum requirement for the C-Conservation zoning district. The remoteness of the site inherently provides separation from other uses that might be in conflict. 100 foot minimum separation distance between site development and Swamp Creek will help safeguard spawning habitat. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Mike Sirofchuck appeared before the Commission and expressed support for the recreational camp request, but opposition to the construction camp request. He felt the two requests should have been submitted separately. He was opposed to the construction camp because he felt the length of time proposed was too long, and he also questioned the "economic benefit' referred to by the launch complex facility paperwork in earlier presentations. He asked that the requests be split into two separate cases, and that a condition be added to require occasional checks on water quality. Fred Roberts appeared before the Commission and expressed support for this request. He reported that a registered engineer had prepared water and wastewater plans that had been approved by DEC. When COMMISSIONER FRIEND asked if there were to be excavation and a pad for placement of the housing structures, Mr. Roberts responded that there would not. P & Z Minutes: April 18, 1998 Page 4 of 24 COMMISSIONER STEWART asked if existing cabins would be brought up to code, to which Mr. Roberts responded affirmatively. COMMISSIONER SELIG wanted assurance that the proposed site was located beyond the safety boundary of the launch facility. CHAIR TURNER was concerned about the accuracy of the as -built survey. Mr. Roberts responded that an as -built survey was just completed but had not yet been plotted for presentation to the Commission. When she asked Mr. Roberts about postponement, he said that he would not agree to further postponement. Public Hearing Closed. Regular Session Opened. COMMISSIONER SELIG thought the Commission should further review the recreational camp at the time that the construction camp was discontinued. After further discussion the Commission agreed that the proposed conditions adequately addressed their concerns. The question was called and the motion CARRIED by a roll call vote of 5-1. CHAIR TURNER voted no. B) Case 98-009. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code of Lots 2A and 2B, Block 9, Miller Point Alaska Subdivision, V Addition, from RRl-Rural residential one IQ R2- Two family residential. 3391 and 3401 Anton Way. BOB SCHOLZE indicated 29 public hearing notices were mailed for this case and 3 were returned, 2 opposing and 1 stating no objection to this request. Staff recommended denial of this request. COMMISSIONER BELL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 2A & 2B, Block 9, Miller Point Alaska Subdivision, 1" Addition, from RRl-Rural Residential One 1_o R2-Two Family Residential. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Barbara Williams appeared before the Commission read a letter from Pat Szabo, in opposition to the request. Ms. Szabo's letter expressed concern about smaller lots changing the neighborhood character, about providing adequate drainage in the area if density increased, and about the potential for further loss of trees if P & Z Minutes: April 18, 1998 Page 5 of24 smaller lots were cleared to provide building sites. Ms. Williams agreed with the l{r letter and with staff s recommendation. Dr. Welby Jensen appeared before the Commission and expressed opposition to this request. He purchased his home in this area because it had larger lots and a rural setting. He was opposed to spot zoning. Chuck Brandt appeared before the Commission and expressed opposition to this request. He agreed with previous comments, and stated that he too chose to live in the area because of the larger lots. He felt that increased traffic would be dangerous for children in the area. Andy Neslund appeared before the Commission and expressed opposition to this request. He felt there were enough small lots in the community and that making lots in this area smaller would not make things for affordable for residents. He felt Kodiak was not booming, and this would be spot zoning. He also felt that developers, in general, have little regard for neighborhood character. Charlene Chase appeared before the Commission and expressed opposition to this request. She was not in favor of increased density and traffic. She also thought it would be spot zoning. Ed Gondek appeared before the Commission and expressed support for this request. He felt there was a shortage of good building lots in town. Mike Sirofchuck appeared before the Commission and expressed opposition to this request. He felt large flat cleared lots entirely changed the character of neighborhoods. He urged denial of this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND commented that the Comprehensive Plan did not accurately reflect current development trends in the community, and the existence of the school in this neighborhood. He felt the plan should be reviewed and updated, and that the Commission should specifically address this issue at an upcoming worksession. The question was called and the motion FAILED by a roll call vote of 1-5. COMMISSIONER STEWART voted yes. COMMISSIONER HIMES MOVED TO ADOPT the findings in the staff memorandum dated March 30, 1998 as Findings of Fact in support of this denial. P & Z Minutes: April 18, 1998 Page 6 of 24 17.72.020 A. Findings as to the Need and Just cation for a Change or Amendment. A rezone from RR1 to R2 is not needed or justified because: A. R2 zoning, with potential 7,200 square foot lots, is inconsistent with the large -lot (20,000 square foot minimum) single-family residential character that has come to define the neighborhood. It is also inconsistent with a previous Commission action to maintain the area generally north of Island Lake Creek as large -lot, single family residential when the area south of Island Lake Creek was rezoned to RI and R2 in the mid-1980's. A The topography of the area, and of these two lots specifically, is generally steep, not lending itself to R2 development without potential for negative long-term impacts related to vegetation loss, drainage, erosion and flooding. C. A rezone to R2 of just two lots in single ownership, in an area otherwise surrounded by large -lot, single family residential (RRI) zoning, has characteristics of "spot zoning, " and therefore is ill-advised since it appears to benefit a single property owner with no demonstrated public need or benefit. A change of zoning from RRI to R-2 is not inconsistent with the designation for this area contained in the 1968 KIB Comprehensive Plan. However, in many ways this Plan has become outdated. No rezone should be forwarded without at first formulating a subarea plan that would anticipate future impacts of development and establish desired residential density for the area taking into consideration changes that have taken place over the past thirty years. The motion was seconded and CARRIED by a roll call vote of 5-1. COMMISSIONER STEWART voted no. C) Case 98-011. Request for a variance from Section 17.18.050. B (Side yards) of the Borough Code to permit a proposed addition to an existing non -conforming single family residence to encroach no more than nine (9) feet into the required ten (10) foot side yard, corner lot setback, on Lot 2, Block 7, Leite Addition. 1312 Kouskov. BOB SCHOLZE indicated 54 public hearing notices were mailed for this case and 2 were returned, 1 stating no objection and 1 opposing this request. Staff recommended approval of this request. COMMISSIONER FRIEND MOVED TO GRANT a variance from Section 17.18.050. B (Side yards) of the Borough Code to permit a proposed addition to an existing non -conforming single family residence to encroach no more than nine (9) feet into the required ten (10) foot side yard, corner lot setback, on Lot 2, P & Z Minutes: April 18, 1998 Page 7 of 24 Block 7, Leite Addition; and to adopt the findings in the staff report dated April 3, r 1998 as "Findings of Fact" for this case. {[ FINDINGS OF FACT 17 66,050 A 1 ExcjWtionalphysical circumstanco or conditions applicable to the propeM or intended use of development. which generally do not apply to oth nLQperries in the same land use district. The exceptional physical circumstances applicable to the property are the very small size of the lot combined with a sewer line easement that virtually blankets the yard to the rear (south) of the house, severely constraining options to improve the house by addition. . nn „0 A 2 Strict application of the zoning ordinances would result in practical 402culties or unnecessary hardships. Strict application of the zoning ordinance on this lot that is less than half of the current minimum residential lot size would result in the practical difficulty and unnecessary hardship of virtually denying the owners any option to enjoy more practical utilization of their residence by expanding it. i7-66,050A.3, The graph of the variance will not result in material damaees or pre. dice to other properties in the vicinity nor be detrimental to the public's health scty and welfare. It is difficult to see how granting of the variance would result in material damage or prejudice to other properties in the vicinity or be detrimental to public health, safety or welfare since the encroachment permitted would actually be only about seven (7) inches more that already exists. 17 66 0` 0 A G The emoting of the variance will not be contrary to the obiectivo q'the Comprehensive Plan. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan which designates this property RI -Single family Residential. 17 66 050 A 5 That actions Qf the applicant did not cause special conditions or -financial hardship from which religfis beingsought �xthe variance. The house on this substandard lot was constructed into the setback long before the applicants owned the property, and, in fact, before there were even setback regulations. 17 66 050 A 6 That the "ranting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will neither cause nor allow any use of the property other than the existing permitted residential use. The motion was SECONDED. P & Z Minutes: April 18, 1998 Page 8 of 24 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 98-012. Request for a conditional use permit, in accordance with Section 17.13.040.D (Conditional Uses) of the Borough Code, to permit a temporary Recreational Vehicle park serving as a construction camp, consisting of 15 RV spaces with provisions for up to 75 people for four (4) years. Generally located on the northwest corner of U.S. Survey 4965, near Narrow Cape, at the end of Pasagshak Road. BOB SCHOLZE indicated 64 public hearing notices were mailed for this case and 4 were returned, 2 in favor of and 2 opposing this request. Staff recommended approval of this request subject to 9 conditions of approval. COMMISSIONER SELIG MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.53.030 (Conditional Use) of the Borough Code to permit a temporary recreational vehicle park serving as a construction camp with provisions for up to 75 people for four (4) years; subject to the conditions of approval contained in the staff report dated March 31, 1998; 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 issued for a maximum of fifteen (15) recreational vehicles, a maximum of seventy-five (75) occupants at any one time and for a maximum of four (4) years (until April 15, 2002). 2. Engineered plans approved by ADEC for the proposed water and septic systems, including shower/bathroom facilities, must meet Class A type wastewater and drinking water regulations as defined in 18.AAC.70 and 18.AAC.80. The approved plans must be provided to the Community Development Department prior to issuance of a zoning compliance permit. 3. A food service permit as required by ADEC must be obtained if food is to be prepared and served in a dining room facility on site. A storm water pollution prevention plan to address water quality must be submitted to ADEC for approval as required. Copies of these, if required by ADEC, P & Z Minutes: April 18, 1998 Page 9 of 24 must be provided to the Community Development Department prior to issuance of zoning compliance permit. 4. Recreational vehicles and camp structures specifically placed on the property for use in conjunction with the temporary construction camp must be removed within sixty (60) days after completion of Rocket Launch Facility construction unless otherwise permitted to remain as part of the ranch operation. 5. A solid waste management plan must be approved by the Borough Environmental Engineer. 6. The access road into the ranch from Narrow Cape Road must be well drained and surfaced with gravel and be twenty (24) feet wide to accommodate two-way traffic at the intersection prior to issuance of a zoning compliance permit. Otherwise roads to and within the RV park must be well drained and gravel surfaced and twelve (12) feet wide, as required by KIBC 17.53.040.L. 7. Parking areas must be designated on the site plan must be graded and gravel surfaced and otherwise developed consistent with the standards of KIBC 17.57.080 prior to issuance of a zoning compliance permit. 8. The development standards of KIBC 17.53.040.B, C, and F addressing area and width of RV spaces and separation of RV's will be complied with. 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. This includes the condition of approval requiring ADEC approval for proposed water and septic systems, a food service permit, a storm water pollution prevention plan, if required, and a solid waste management plan approved by the Borough Environmental Engineer. The requirement to remove housing units and camp structures specifically placed on the property for use in conjunction with the temporary construction camp will help ensure that there will not be residual impacts unrelated to the identified need and permitted use. 17.67.05 B. That the conditional use fulfills all other requirements of this chaffer pertaining to the conditional use in question. P & Z Minutes: April I8, 1998 Page 10 of 24 Based on the site play and other supporting documentation, it appears that the conditional use permit will fulfill all other requirements of Chapters 17.67 and 17.13 of Borough Code as outlined above. Conditions of approval addressing, engineered septic and sanitation facilities, storm water pollution prevention plan, if required, and solid waste management will help to retain natural vegetation coverage and natural drainage patterns, prevent excessive runoff and erosion, and maintain surface water quality and natural groundwater recharge areas in the uplands. 17.67.05 C. That gar nting the conditional use permit will not be harmful to the public health, sgfeiyL convenience and comfort. Public health and safety will be protected by compliance with ADEC sewer and water installation requirements and other applicable zoning and building code requirements related to the camp use of the property. The remoteness of the site guarantees that convenience and comfort of neighbors will not be compromised. Adherence to applicable development standards for RV parks of KIBC 17.53.040 requiring minimum space area of 1,000 square feet, minimum space width of twenty (20) feet, and minimum separation between RV's of ten (10) feet will help ensure public health and safety. D. That sufficient setbacks. lot area. buffers or other safeguards are being provided to meet the conditions listed in subsections A through C Qf this section. At five acres, the site satisfies the minimum requirement for the C-Conservation zoning district. The remoteness of the site inherently provides separation from other uses that might be in conflict. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Mike Sirofchuck appeared before the Commission and stated that he was less opposed to this request than to the previous similar CUP request. His reason was that this site was not on the main roadway, and was less visible and obtrusive to the general population and traffic. He was still concerned however, that appropriate DEC requirements were enforced and that the general area would not suffer as a result of the construction camp. He reiterated that his main concern was to ensure preservation of the recreational nature of Narrow Cape. Bill Burton, applicant, appeared before the Commission and expressed support for this request. He too wanted to keep the area in as natural a state as possible. He felt he should have the opportunity to benefit from the rocket launch facility construction, just as anyone else, but that after it was all gone he would still live out there. He said he would not do "ugly" on his property. P & Z Minutes: April I8, 1998 Page I I of 24 John Parker appeared before the Commission and expressed support for this request. He felt Mr. Burton was an honest man who would ensure that there was minimal impact to the peaceful nature of the area. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. E) Case 98-013. Planning and Zoning Commission review and approval of a detailed site plan for a proposed public ice skating rink at Baranof Park, as required by the Public Use Lands District (KIBC 17.33.020); and A variance from Section 17.57.040.A (off-street parking, number of spaces required) of the Borough Code, to permit only 30 parking spaces instead of the required 124 parking spaces to support the proposed ice skating rink; and A variance from Section 17.33.050.B (Side yards) of the Borough Code, to permit the proposed ice skating rink to encroach approximately 20 feet into the required 25 foot side yard setback in the PL-Public Use Lands Zoning District. Municipal Tract A of the East Addition Townsite Survey, U.S. Survey 2538A&B, (Baranof Park). BOB SCHOLZE indicated 118 public hearing notices were mailed for this case and 2 were returned, in favor of this request. Staff recommended approval of the site plan and approval of both variance requests, subject to conditions. He explained the proposed parking plan for the entire park, and how the parking requirements were determined. CHAIR TURNER suggested that, for the sake of the public hearing, the Commission could make the first motion, and then take public comments on all aspects of the requests at the same time. COMMISSIONER FRIEND MOVED TO APPROVE the detailed site plan dated April 7, 1998 for a proposed public ice skating rink at Baranof Park [as required by the Public Use Lands District (KIBC 17.33.020)] on Municipal Tract A, East Addition. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: John Parker appeared before the Commission and expressed concern about the parking variance request. He felt that the City of Kodiak should not get P & Z Minutes: April 18, 1998 Page 12 of24 preferential treatment especially when the required parking was being reduced by [[( approximately 76%. He thought they should be required to follow the parking guidelines, just as a private citizen would. He encouraged the Commission to require the city to make plans for acquiring adjacent property for parking purposes, or make other arrangements to meet the requirements. Dale Soughers phoned in to express opposition to this request. He agreed with Mr. Parker's comments. He felt Chichenoff Street should be widened to accommodate the additional traffic that would be generated as a result of the park expansion. He was concerned about safety and adequate parking. Ian Fuln, agent for the applicant, appeared before the Commission and expressed support for this request. He explained the proposed parking plan and reviewed the phases and how they were related to two different seasons, summer activities and winter activities. He pointed out all other areas of the park that would be used for parking. When COMMISSIONER HIMES expressed concern about the width and condition of Chichenoff Street, Mr. Fulp agreed that it needed to be improved. He stated that the City Parks and Recreation Committee, at a meeting on the previous night, had also recommended that Chichenoff Street be improved to accommodate the additional traffic, and that the issue would be discussed at the upcoming City Council meeting. COMMISSIONER FRIEND asked for clarification on how the parking requirements were calculated. Staff explained the methodology used. When asked about postponement, Mr. Fulp said he would like a decision at this meeting so they could proceed with the development, as they hoped to complete the project by mid winter. Mr. Fulp offered to phase the project if it would help address the parking dilemma. Public Hearing Closed. Regular Session Opened. After more discussion the Commission agreed that a condition should be added to ensure that Chichenoff Street was improved. COMMISSIONER FRIEND MOVED TO AMEND the motion by adding the following condition: Chichenoff Street shall be improved from Armstrong Avenue to the fire lane access, shown on the project site plan. Improved means to the standards of that portion of Chichenoff Street adjacent to East Addition Park (paved for 2-way traffic, with a sidewalk on one side). P & Z Minutes: April 18, 1998 Page 13 of 24 The motion to amend was seconded and CARRIED by unanimous roll call vote. The question was called and the amended motion CARRIED by unanimous roll call vote. COMMISSIONER SELIG MOVED TO GRANT a variance from Section 17.57.040.A (off-street parking, number of spaces required) of the Borough Code, to permit only 30 parking spaces instead of the required 124 parking spaces to support the proposed ice skating rink on Municipal Tract A, East Addition, subject to the conditions of approval contained in the staff report dated March 23, 1998; and to adopt the findings in that staff report as "Findings of Fact" for this parking variance. CONDITIONS OF APPROVAL (PARKING VARIANCE) The following three parking areas located on park property must be improved to the development standards of KIBC 17.57.080, including surfacing and drainage and identification of the parking spaces: A. The parking area designated for thirty (30) parking spaces on this site plan located between the proposed covered skating rink and the existing park office building; B. The parking area designated for seven (7) spaces identified on the site plan submitted on June 10, 1996 approved by the Commission on June 19, 1996 but not yet improved to parking development standards; and C. The existing unimproved parking area behind the baseball field backstop at the intersection of Armstrong Avenue and the Chichenoff Street extension to accommodate a minimum of twenty-five (25) identified parking spaces. FINDINGS OF FACT 17.66.050 A.1. Exce ti�phvsical circumstances or conditions agnlicable to the pMperty or intended use of development, which generally do not apply to other properties in the same land use district. Exceptional physical circumstances and conditions that apply include the fact that Baranof Park is the largest of the municipal parks serving a population far greater than other parks. Since Baranof Park is centrally located in the most densely populated part of Kodiak, park users often walk to the park, correspondingly reducing need for parking spaces. The track and ballfield also support middle school and high school activities and sports to which students generally walk. Parking requirements are traditionally based on structural development. Covering an area for an ice skating rink does not necessarily mean that it will P & Z Minutes: April 18, 1998 Page 14 of 24 have more use than if it were not covered, or than if it were left as tennis courts and a playground. Boundaries of the park cannot be expanded, so that required parking lots can only result in sacrificing playground or ball field area, not entirely consistent with maximum recreational use for the greatest number of people, many of whom walk or have alternative off -site parking nearby. 17.66.050A.2. Strict application of the zoning ordinances would result in practical diaZculties or unnecessary hardships. Strict application of the zoning ordinance to locate on park property all 124 parking spaces required for the covered ice skating rink would result in the impracticality of eliminating existing playground areas and recreational uses within the park. Replacing play area with parking lots within the park would be at odds with the intent and function of the park This would serve no practical purpose, especially in consideration of the fact that the required parking is otherwise available in an adjacent public right-of-way and public school parking lot. In the case of Baranof Parr the most central of the municipal parks serving the largest population area as well as student sports activities, the requirement would be a dii f culty and hardship since park users, to a larger degree than with other parks, walk. 17.66.050 A.3. The erantine of the variance will not result in material damares or preiudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare. If the parking areas identified in Condition of Approval #1 are improved to parking development standards, sixty-two (62) improved and identified spaces will have been provided on the northerly side of Baranof Park (adjacent to Chichenoff Street). In addition, 90-100 parking spaces supporting park use are available as angle -in parking adjacent to the park along the Baranof Street and Armstrong Avenue rights -of -way. The proposed inline hockey/ asketball court will also serve as an overflow parking area providing forty-five (45) parking spaces adjacent to the covered rink and the permanent parking area. Therefore, including specifically designed park -use parking in rights -of -ways, total available parking will exceed what is required by the zoning ordinance for structural development within the park. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance request to accommodate expanded public recreational use of the park is consistent with the original designation of this area as Public in the 1968 Comprehensive Plan. 17.66.050A.5. That actions of the applicant did not cause special conditions or C financial hardship from which relief is being sought by the variance. The applicant is attempting to offer expanded recreational and sport opportunities to the public. The condition requiring relief is simply an P & Z Minutes: April 18, 1998 Page 15 of 24 established, finite park area. This is not a condition caused by the applicant, but by historical development in residential areas surrounding the park. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will enhance the public recreational use of the park, consistent with the PL-Public Use zoning of the park. The motion was SECONDED. COMMISSIONER FRIEND MOVED TO AMEND the motion by adding the following condition: 2. The skating rink shall not be enclosed without an additional site plan review and approval by the Planning and Zoning Commission. The motion to amend was SECONDED and CARRIED by unanimous roll call vote. The question was called and the amended motion CARRIED by unanimous roll call vote. COMMISSIONER HIMES MOVED TO GRANT a variance from Section 17.33.050.11 (Side yards) of the Borough Code, to permit the proposed ice skating rink, with future expansion, to encroach approximately twenty (20) feet into the required 25 foot side yard setback in the PL-Public Use Lands Zoning District on Municipal Tract A, East Addition, subject to the conditions of approval contained in the staff report dated March 23, 1998; and to adopt the findings in that staff report as "Findings of Fact" for this setback variance. CONDITION OF APPROVAL (SETBACK VARIANCE) The unimproved portion of right-of-way at the end of Chinchenoff Street adjacent to the park, designated as fire access on the site plan, as well as the designated twenty (20) foot wide fire access corridors to the side and rear of the covered rink, will be improved to appropriate Uniform Fire Code emergency equipment access standards. FINDINGS OF FACT (SETBACK VARIANCE) A.]. Exceptional ohvsical circunistanc the prQpertv or intended use of development. which general(v do not apply to other properties in the same land use district. Exceptional circumstances and conditions applying to this park include the fact that, before being reclaimed as a park and ballfnelds, this property was the site of P & Z Minutes: April 18, 1998 Page 16 of 24 a lake and then filled as the City landfill. Soil borings have confirmed that deep organic fill materials cover the middle and south portions of the park property. Locating the covered rink in the extreme northwest corner of the park to avoid this fifteen (15) foot deep organic fill, placing the building more toward native soils on higher ground. This is the only area of the park that is suitable for structural development 17.66.050A.2. Strict application of the zoning ordinances would result in practical dificulties or unnecessary hardships. Strict application of zoning ordinances would result in the structure being located on less stable organic fill materials, increasing risk of future settlement damaging the skating surface and refrigeration piping. That would also increase the chance of methane gas from remnant landfill materials migrating into the building. 17.66.050 A.3. The granting the variance will not result in material damages or nreiudice to other nronerties in the vicinity nor be detrimental to the public's health, safety and welfare. The variance for twenty (20) foot encroachment of the covered ice-skating rink into the twenty-five (25) foot setback alone Chichenoff Street is justified by ground conditions and soil characteristics within the park, formerly a lake used as a landfill before reclamation. In part, the encroachment is necessitated by the design to provide a twenty (20) foot wide graveled fire access to the side and rear of the covered rink, as required by the National Fire Code, Section 902 in the interest ofpublic health, safety and welfare. 17.66.050 A.4. The granting of the variance will not be contrary to the o ,'ec� tives of the Comprehensive Plan. Granting of the variance request to accommodate expanded public recreational use of the park is consistent with the original designation of this area as Public in the 1968 Comprehensive Plan. 17.66,050A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant is attempting to offer expanded recreational and sport opportunities to the public. The condition requiring relief is simply that the park is established with a finite boundary. This is not a condition caused by the applicant, but by historical development in residential areas surrounding the park. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will enhance the public recreational use of the park, consistent with the PL-Public Use zoning of the park. The motion was SECONDED. P & Z Minutes: April 18, 1998 Page 17 of 24 There was no further discussion by the Commission. The question was called and the motion CARRIED by unanimous roll call vote. F) Case S98-004. Request for preliminary approval of the subdivision of Tract A, Jackson's Subdivision, creating Lots 1-14, Ed's Subdivision. Lilly Drive. BOB SCHOLZE indicated 69 public hearing notices were mailed for this case and 3 were returned, 2 expressed concern about drainage from the proposed subdivision and 1 opposing this request. Staff recommended approval of this request subject to conditions. COMMISSIONER FRIEND MOVED TO GRANT preliminary approval to the subdivision of Tract A, Jackson Subdivision, creating Lots 1-14, Ed's Subdivision, and creating a fifteen (15) foot wide drainage easement, subject to the conditions of approval contained in the summary statement dated April 15, 1998, and to adopt the findings in the staff report dated March 26, 1998 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Prior to site development, a jurisdictional determination must be obtained from the Corps of Engineers regarding the status of previously identified ponding areas and drainage on Tract A. 2. Prior to initiation of site development, provide the KIB Engineering /Facilities Department with an engineered drainage plan for approval as required by KIBC 16.70.020.5. This drainage plan must ensure that no greater flow than present pass through the culvert under Lilly Drive. All additional drainage created by site development and road construction on Tract A must be routed below the culvert down Lilly Drive to the east. 3. Submit to City Public Works engineered sewer and water utility plans for approval prior to installation. Prior to final plat approval, a letter from the City accepting the sewer and water distribution lines into the public utility system must be provided to the Community Development Department. 4. Install a fire hydrant between Lots 11 and 12, as required by KIBC 16.70.020.A.3 and recommended by the State Fire Marshall Office. 5. Plat a five (5) foot wide utility easement at the front of all lots adjacent to Ed's Way, as requested by KEA. P & Z Minutes: April 18, 1998 Page 18 of 24 6. Plat a fifteen (15) foot wide drainage easement, 7 %: feet on each side of the lot line common to proposed Lots 7 and 8 and flared, if necessary, at the rear of Lot 7 to pick up the drainage, as indicated on the preliminary plat. A drainage ditch within this easement, according to the engineered drainage plan, will channel flow to the ditch line of the cul-de-sac. 7. Install street name and stop signs for Ed's Way at the intersection with Lilly Drive. 8. Place a plat note stating: "Driveway access to Lots 1 and 14 is restricted to Ed's Way." (As recommended by KIB Engineering/Facilities Department) Place a plat note stating: "Natural streams and drainage courses are not to be blocked or impeded." (Transferred form Plat 86-19) 9. If blasting is necessary for subdivision development, proper notice will be given directly to the occupants of adjacent properties in Jackson Subdivision and across Lilly Drive (as recommended by KIB Engineering/Facilities Department). 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: Steve Cole, 11 year Balika Lane resident, appeared before the Commission and expressed opposition to this request. He was opposed to the adverse change in the neighborhood. He was concerned about additional traffic and the loss of trees as a result of the development. Laura Sullivan, owner of Lot 25 on Eider Street, appeared before the Commission and expressed concern about drainage in the area and wanted assurance that her P & Z Minutes: April 18, 1998 Page 19 of 24 home and lot would not be negatively impacted by diverted water. She also felt that the lots should be larger to keep with the neighborhood character. Mary Forner appeared before the Commission and expressed opposition to this request as proposed. She favored larger lots and was concerned about increased traffic on Lilly Drive. She felt there was an abundance of small lots in the community, and that larger lots were in high demand. Ed Mahoney, applicant, appeared before the Commission and expressed support for this request. He understood the neighbor's concerns and assured them that he would work to develop the lots with those concerns in mind. He agreed with staff's proposed conditions of approval. Eileen Probasco, owner of Lot 5A, Block 6, Miller Point 1", appeared before the Commission and expressed concern about the impact that the development would have on hers and other lots across the street from Lilly Drive. There is a culvert that runs under Lilly Drive, which drains a portion of the low area in the proposed subdivision, and the water currently runs through hers and two other lots across the street. She felt that the proposed condition of approval, requiring that drainage from this proposed subdivision be kept on the south side of Lilly Drive, so as not to increase the flow through the existing culvert, would adequately address her concerns. She urged the Commission to plat drainage easements if they approved drainage plans through private lots, and as larger areas developed, to look at an overall area drainage plan, rather than piece meal plans. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND pointed out that 7 of the 14 proposed lots were of comparable size to the adjacent lots on Balika Lane and Eider Street. COMMISSIONER STEWART shared concerns that were expressed about increased traffic. The question was called and the motion CARRIED by a roll call vote of 5-1. COMMISSIONER STEWART voted no. VII. OLD BUSINESS A) Case 97-020. Request for a conditional use permit, in accordance with Section 17.13.040.17 (Conditional Uses) of the Borough Code, to permit non -recreational mineral extraction activities, specifically, the removal of approximately 500 cubic yards of gravel from a beach located within Section 12, T30S, R20W. Located along the Chiniak Highway near Frank Creek, approximately one mile past the P & Z Minutes: April 18, 1998 Page 20 of 24 Pasagshak Road intersection, in Kalsin Bay. (Postponed from the October 15, 1997 regular meeting). BOB SCHOLZE indicated that the applicant had contacted the Community Development Department and requested that the Commission postpone action on this case until the September, 1998 regular meeting. Staff recommended postponement of this request. COMMISSIONER HIMES MOVED TO POSTPONE action on Case 97-020 until the September, 1998 regular meeting and to hold a public hearing. The motion was SECONDED and CARRIED by unanimous roll call vote. B) Case 95-005. Planning and Zoning Commission review of remote Larsen Bay Tribal Council parcels of the 1991/1992 tax foreclosed properties (Postponed from the May 21, 1997 regular meeting). BOB SCHOLZE deferred to Bud Cassidy, Resource Management Officer. Mr. Cassidy recommended that the Commission recommend Assembly approval of the disposal of the parcels as shown in the staff memorandum. COMMISSIONER FRIEND MOVED TO RECOMMEND to the Borough Assembly that the following 1991 and 1992 tax foreclosed parcels have important public value and that they be disposed of and managed by the USFWS as part of the Kodiak National Wildlife Refuge, and to adopt the findings in the summary statement dated April 8, 1998 as "findings of fact' for this request. 1991 Tax Foreclosed parcels YR/PARCEL NAME TAX LOT # 91-08 Julie Estes (20) T31S, R29W, TL 03-01 91-05 Harold Antonson (27) T30S, R30W, TL 34-06 91-13 Robt Katelnikoff (4) T30S, R28W, TL 20-05 91-15 Carroll Kohler (5) T30S, R28W, TL 18-01 91-18 Rebecca Larsen (11) T31S, R28W, TL 20-01 91-20 Lucille Malutin (14) T31S, R28W, TL 29-06 91-23 John McCormick (28) T30S, R30W, TL 34-02 91-26 Eunice Naumoff (15) T32S, R28W, TL 19-01 91-22 Agnus McCormick (16) T32S, R29W, TL 13-05 91-04 Matilda Anderson (8) T30S, R28W, TL 30-02 P & Z Minutes: April 18, 1999 Page 21 of 24 1992 Tax Foreclosed parcels YRIPARCEL NAME TAX LOT # 92-18 Carlene Larsen (14) T31S, R28W, TL 29-02 92-08 Marie Hochmuth (19) T31S, R29W, TL 15-02 92-16 Norman Kohler (6) T30S, R28W, TL 19-06 92-30 Heirs — Frank Noya (1) T30S, R28W, TL 28-04 92-04 Francis Dalgish (18) T31S, R29W, TL 22-01 92-10 Ann Hochmuth (23) T30S, R29W, TL 29-03 92-15 Lewis Kohler(7) T30S, R28W, TL 19-09 92-22 Olga McCormick T31S, R29W, TL 22-05 92-24 Melcolie Charliaga (29) T30S, R30W, TL 34-09 92-26 Martin Norell (2) T30S, R28W, TL 28-08 92-28 Est Bella Noya (30) T30S, R30W, TL 34-05 Findings of Facts 1. The Assembly, by adopting Ordinance 95-05, has declared certain tax foreclosed lands "public', directed the mayor to negotiate and sell these parcels to the Refuge for fair market value, and to return any proceed above and beyond taxes and penalties owed the Borough to the previous owners. 2. The Exxon Valdez Oil Spill Trustee Council has identified these lands as high "acquisition priority" lands because of important habitat characteristics and has set money for the purchase of these lands. 3. The USFWS is the best suited public land management agency to administer these lands because they have staff who are trained in recreation management, marine mammals and bear management. 4. The USFWS has other lands in the area that are to be managed in a similar fashion as the lands the KIB acquired through foreclosure. The motion was SECONDED and CARRIED by unanimous roll call vote. COMMISSIONER SELIG MOVED TO RECOMMEND to the Borough Assembly that the following lots are within the corporate city limits of Larsen Bay and have no public value, and that they should be made available for sale at the next KIB land sale, and to adopt the findings in the summary statement dated April 8, 1998 as "findings of fact' for this request. P & Z Minutes: April 18, 1998 Page 22 of 24 April 29, 1998 Development trends in Service Districts #1 and #2. May 6, 1998 Pasagshak/Narrow Cape development plan 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 Len Grothe appeared before the Commission and suggested that they not try to make changes in the code or area plans on his behalf or as a result of his previous request. He had changed his mind about the need for additional, smaller lots as a result of the public testimony. Andy Neshm appeared before the Commission to apologize for his previous comments. While he had not intended to be demeaning to developers, his comments were strong and had been considered offensive by some. He stated that he did not know Mr. Grothe and that his comments were not directed at him personally. He encouraged the Commission to plan for future development wisely. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR TURNER adjourned the meeting at 10:45 p.m. ATTEST Eileen Probasco, Secretary Community Development Department DATE APPROVED: May 20, 1998 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: D ne Tumer, Chair P & Z Minutes: April 18, 1998 Page 24 of 24