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1998-02-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING —FEBRUARY 18, 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 February 18, 1998 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Darlene Turner, Chair Jerrol Friend Bob Himes Roberta Scheidler Clarence Selig Commissioners Absent: Donna Bell - Excused Walter Stewart - Excused A quorum was established. ' ' C 11XV41I ,1j I.Tol "0 1 .1 Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER SCHEIDLER 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 January 21, 1998 minutes were not available for approval. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. A) Case 98-002. Request for a conditional use permit, in accordance with Section 17.13.040.H (Conditional Uses) of the Borough Code, to allow proposed improvements and relocation of an existing USCG/SAR communication facility P & Z Minutes: February 18, 1998 Page 1 of 10 on a C-Conservation zoned parcel. Generally located on the Alaska Peninsula, at Cape Gull, within Katmai National Park and Reserve BOB SCHOLZE indicated 9 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition. COMMISSIONER SELIG MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.H (Conditional Uses) of the Borough Code, to permit a relocation of an existing USCG/SAR communication facility in the C-Conservation zoning district at Cape Gull on the Alaska Peninsula, as indicated on the site plan dated January 27, 1998; subject to the condition of approval contained in the staff report dated January 27, 1998; and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL The applicant must obtain a right-of-way permit from the National Park Service to operate the communication facility at the proposed site. FINDINGS OF FACT 17,67.05A. That the conditional use will preserve the value, spirit. character and intezdU Qf the surrounding area. The extreme remoteness of the site will itself, in combination with the very low impact development proposed, guarantees that the value, spirit, character and integrity of the surrounding area will be preserved. There are literally no other uses within miles. There would be little ground disturbance, and no excavation or trenching would be necessary. There would be no impact on vegetation and no roads or trails would be constructed. 17.67.05 B. That the conditional use fulfills 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 will fulfill the requirements of Chapter 17.13 (C-Conservation Zoning District) of the Borough Code. Communication facilities are specifically permitted as a conditional use in the zoning district and will provide a public benefit while having little or no impact on other uses. At the elevation proposed, the site is above groundwater recharge areas and vegetation, and there will be minimal disturbance of the ground. The area is not identified as a habitat for birds or wildlife. P & Z Minutes: February 18, 1998 Page 2 of 10 17,67.05 C Thatrn. r . r permit will notbe haLfAful public health. sa/eW, convenience and comfort. Because of its remoteness and the nature of its function, operation of the communication site will have minimal or no impact and will not be harmful to public health, safety, convenience or comfort. Public safety will be enhanced by the system's expanded communication capability. Due to the remoteness of the site, there are no other uses or developments within any reasonable distance that might require buffers, setbacks or other safeguards. rpm, / Ali • rr . ... . i. r ' . it Because the newly located communication site will enhance search and rescue capabilities, it will have a decided public safety benefit. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. LINDA FREED pointed out that the U.S. Coast Guard had submitted a letter stating that they wished to exercise their federal exemption from complying with local regulations, and that they felt they did not require the CUP. She felt that this perspective was only one interpretation of this federal law and suggested that the Commission proceed with their approval process, and vote on the motion. The question was called and the motion CARRIED by unanimous roll call vote. B) Case 98-003. Planning and Zoning Commission determination that the property line bordering Sitkinak Drive, rather than Tugidak Court, can be designated as the front property line, for the purpose of calculating building set -backs and street numbering, on Lot 3, Block 2, Trinity Island Subdivision. 3519 Sitkinak Drive. P & Z Minutes: February 18, 1998 Page 3 of 10 BOB SCHOLZE indicated 16 public hearing notices were mailed for this case and 2 were returned, in favor of this request. Staff recommended approval of this request subject to one condition. COMNUSSIONER SCHEIDLER MOVED TO DETERMINE that the property line bordering Sitkinak Drive, rather than Tugidak Court, can be designated as the front property line, for the purpose of calculating building set -backs and street numbering, on Lot 3, Block 2, Trinity Island Subdivision, subject to the condition in the staff memorandum dated January 26, 1998 and to adopt the findings in that staff memorandum as "Findings of Fact' for this case. 1411W 1J_Y_Y CoU Ell W.19 9 T11W11 This determination requires that the ranch style home be placed on the lot consistent with site plan submitted by the applicant dated January 20, 1998, with an approximately 22.5 setback from Tugidak Circle and an approximately seven (7) foot setback from the common lot line between Lots 3 and 4. FINDINGS OF FACT 1. This request is logical and reasonable to allow the practical siting of a house on Lot 3 while at the same time maintaining maximum setbacks on both street frontages of the corner lot, and it is consistent with the Sitkinak Drive street number already assigned to the lot. 2. This determination will have the benefit of maintaining a twenty-five (25) foot setback along Sitkinak Drive, a fifteen (15) foot greater setback than could conceivably result without the determination. This is consistent with other front yard setbacks along Sitkinak Drive There is nothing to indicate that this determination, which would have the net effect of permitting construction on Lot 3 two and a half (2t/2) feet closer to Tugidak Court than would otherwise be permitted, would have a negative impact or detrimental effect on the neighborhood. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. P & Z Minutes: February 18, 1998 Page 4 of 10 Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. C) Case 98-004. Request for a variance from Section 17.33.050 C (Rear Yards), of the Borough Code, to permit a proposed addition to the Bayside Fire Hall to extend no more than five (5) feet into the required twenty-five (25) foot rear yard setback, on Lot 3, Block 5, Miller Point Alaska Subdivision. 4606 Rezanof Drive. BOB SCHOLZE indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition. COMMISSIONER HIMES MOVED TO GRANT a variance from Section 17.33.050.0 (Rear Yards) of Borough Code to permit a proposed addition to the Bayside Fire Hall to extend no more than five (5) feet into the required twenty- five (25) foot rear yard setback; subject to the condition of approval contained in the summary statement dated February 18, 1998; and to adopt the findings in the staff report dated January 27, 1998 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. To ensure adequate separation between this development and the adjacent residential use on Lot 8A, the applicant will construct a six (6) foot high solid cedar fence along the property lines common to Lots 3 and 8A. FINDINGS OF FACT It is the irregular shape of the lot causing it to be very shallow at the side of the property on which the existing fire station was constructed that necessitates a minimal encroachment of less than five feet into the twenty-five (25) foot rear yard setback It makes sense from a design point of view as well for emergency response purposes to locate the bay for the larger fire truck immediately adjacent to the existing bay for emergency equipment. 17.66.050 A.2. Strict ggplication of the zoning ordinances would result in practical difficulties or unnecessary hardships. Design efficiency for optimum emergency response lobbies for location of the bay for the larger fire truck immediately adjacent to the existing emergency equipment bay on the south side of the building. Previous additions of a training facility P & Z Minutes: February 18, 1998 Page 5 of 10 adjacent to the north side of the original fire station and of a storage building on the north side of the facility preclude expansion on that side of the building. The new bay on the south side of the fire station will better accommodate boiler room and equipment storage expansion immediately behind the original fire station. An encroachment of only a few feet will not result in material damages or prejudice to other properties in the vicinity. Screening and/or buffering can be required by the Commission to separate the fire station and related activities from the adjacent residential use. Staff has recommended a condition of approval requiring a solid, six (6) foot high fence to ensure adequate separation of uses. The granting of the variance will not be detrimental to the public's health, safety and we fare. On the contrary, the additional capabilities for fire response provided by the expanded facilities will enhance public health, safety and welfare. r •txlF�Il�f�G • � � iai - � � i � - . lam. - � � � � � - � i - i �• Dui -�•� ��_ The 1968 Comprehensive Plan designated this area principally for residential use. The redesignation of Lot 3 to PE -Public Lands was done specifically to accommodate construction of the fire station. Fire protection is a vital element of planning for the density inf:ll that accompanies residential development. For this reason, expansion of the fire station to keep pace with population growth is consistent with the objectives of the Comprehensive Plan. 17.66,050A.S.That actions of the applicant did not cause special conditions or financial hardship irom which relief is being sought by the variance. In this case the applicant is the emergency services provider. The purpose for construction of the new, larger bay is to enhance the Fire Service District's ability to respond in the most timely manner to emergency calls. In this respect, need for the variance is established by the greater public welfare. 17.66, 050 A.6. That the grantingQf the variance will not permit a prohibited land use in the district involved. Fire stations are a permitted use in the PL-Public Lands zoning district. The motion was SECONDED. Regular Session Closed. P & Z Minutes: February 18, 1998 Page 6 of 10 Public Hearing Opened: Scott Amdt appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S96-020. Planning and Zoning Commission review and approval of the revised preliminary plat for the subdivision of Lot 1 and a portion of Lot 2, Block 2, Miller Point Alaska Subdivision, creating Lots 1A and 113, Block 2 Miller Point Alaska Subdivision. 1171 Abercrombie Drive. BOB SCHOLZE indicated that this request had already been given preliminary approval for subdivision into four lots, and was now being presented in a revised format, to allow for only two lots. Staff recommended approval of this revised request subject to three conditions. COMMISSIONER FRIEND MOVED TO APPROVE the revised preliminary plat for the subdivision of Lot 1 and a portion of Lot 2, Block 2, Miller Point Alaska Subdivision, creating Lots lA and 1B, Block 2, Miller Point Alaska Subdivision, subject to the three conditions of approval contained in the summary statement dated February 18, 1998; and adopt the findings in the staff report dated February 9, 1998 as "Findings of Fact' for the case. CONDITIONS OF APPROVAL: 1. Place a note on the final plat stating: "Lot 1A shall not be further subdivided." 2. Provide documentation from the City Public Works Department that backflow prevention measures necessitated by the existing pumphouse have been undertaken or that no such measures are necessary. 3. Existing driveway grades must be brought into compliance with KIBC Section 15.26. FINDINGS OF FACT P & Z Minutes: February 18, 1998 Page 7 of 10 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 and CARRIED by unanimous roll call vote. B) Case S97-020. Planning and Zoning Commission review and approval of the revised preliminary plat for the vacation of Lots 1 & 2, Block 1, Lots 1, 2, & 3, Block 2, Lots 1, 2, 4, & 5, Block 3, Lot 6, Block 4, Lots 5 & 7, Block 6, and Lot 1, Block 7, Black Canyon Subdivision (including vacation of the 22.14 acre park designation of this lot), and various adjacent rights -of -way and electrical easements, reverting to "acreage," and retaining Lot 3, Block 3, and Lot 8, Block 6, Black Canyon Subdivision. Generally located near Mayflower Creek, in Kalsin Bay, along the Chiniak Highway. BOB SCHOLZE indicated that this preliminary plat was revised from the previous plat in that the portions of rights -of -way between Lot 3, Block 3 and Lot 8, Block 6 were being retained for future access needs, and that the 22.14 acre park designation for Lot 1, Block 7 was being vacated. Staff recommended approval of this request subject to two conditions. COMMISSIONER SELIG MOVED TO APPROVE the revised preliminary plat for the vacation of Lots 1 & 2, Block 1, Lots 1, 2, & 3, Block 2, Lots 1, 2, 4, & 5, Block 3, Lot 6, Block 4, Lots 5 & 7, Block 6, and Lot 1, Block 7, Black Canyon Subdivision (including vacation of the 22.14 acre park designation of this lot), and various adjacent rights -of -way and electrical easements, reverting to "acreage," and retaining Lot 3, Block 3, and Lot 8, Block 6, Black Canyon Subdivision, subject to the conditions in the summary statement dated February 18, 1998. CONDITIONS OF APPROVAL: 1. Vacation of rights -of way must be approved by the Assembly. 2. Revise plat note #8 to read: "No direct access to state owned right-of-way is allowed unless approved by the Alaska Department of Transportation and Public Facilities." P & Z Minutes: February 18, 1998 Page 8 of 10 CThe motion was SECONDED and CARRIED by unanimous roll call vote. VIII. NEW BUSINESS L There was no new business. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through H of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Notice received January 22, 1998, RE: Alaska PeninsulaBecharof National Wildlife Refuge Complex B) Memorandum dated January 23, 1998 to Planning and Zoning Commission from Eileen Probasco, RE: Positive feedback on P&Z decision to approve the Lake Rose Tead rock extraction CUP and the Miller Field communication towers installation CUP C) Letter dated January 26, 1998 to Lee Russell and Len Grothe from Linda Freed, RE: Completion deadline for road and utility improvements in Woodland Acres Subdivision, 8' Addition D) Letter dated February 11, 1998 to George Plummer from Tom Bouillion, RE: 3 Dwelling units on an R2 lot, at 499 Neva Way E) Memorandum dated February 11, 1998 to Linda Freed from Donna Smith, Clerk, RE: Appeal to Board of Adjustment on Case 98-001, SuperDARN communication CUP site at Miller Field, near Chiniak. F) Memorandum dated February 11, 1998 to Linda Freed from Donna Smith, Clerk, RE: Appeal to Board of Adjustment on Case 97-026, gravel extraction CUP at Lake Rose Tead, in Pasagshak. G) Letter dated February 13, 1998 to Del Jackson from Tom Bouillion, RE: Illegal junk storage on Lot 6, U.S. Survey 3233, Jackson Mobile Home Park. H) Letter dated February 18, 1998 to Reynold Morris from Tom Bouillion, RE: Junk and scrap storage on Lot 4, Block 52, East Addition, 1616 Simeonof Street. There were no further communications. P & Z Minutes: February 18, 1998 Page 9 of 10 C X. REPORTS LINDA FREED reported on the progress of the spill planning meetings and the Kodiak Subarea C-plan document the committee was working on. She reported that the draft document was almost complete and would be presented to the Assembly in May. Linda reported on upcoming meetings. The Commission agreed that they would discuss their schedule for projects and plan revisions at their worksession on February 25. She also pointed out that the Commission's approvals for both the rock extraction CUP at Lake Rose Tead and for the SuperDARN CUP at Miller Field had been appealed and would be heard by the Board of Adjustment at the Assembly's March 19 meeting. COMMISSIONER FRIEND 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 XIII. ADJOURNMENT CHAIR TURNER adjourned the meeting at 8:04 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: GAer.-- tl�/kihar.., Eileen Probasco, Secretary Community Development Department DATE APPROVED: April 15, 1998 P & Z Minutes: February 18, 1998 Page 10 of 10