1998-05-20 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -MAY 20, 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 May 20, 1998 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Darlene Turner, Chair
Donna Bell
Jerrol Friend
Bob Himes
Roberta Scheidler
Clarence Selig
Walter Stewart
Commissioners Absent:
None
A quorum was established.
III. APPROVAL OF AGENDA
Others Present:
Linda Freed, Director
Community Development Dept.
Bob Scholze, Associate Planner
Community Development Dept.
Eileen Probasco, Secretary
Community Development Dept.
COMMISSIONER FRIEND MOVED TO ACCEPT the agenda as presented 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 March 18 and
April 15, 1998 Planning and Zoning Commission regular meetings as presented. The
motion was seconded
COMMISSIONER STEWART MOVED TO AMEND the April minutes by reflecting a
change on page 5 on the vote for case A. The vote should be corrected to reflect 5-1, with
CHAIR TURNER voting no. The motion to amend was seconded and CARRIED by
unanimous voice vote.
P & Z Minutes: May 2Q, 1998 Page 1 of 13
The question was called and the main motion as amended CARRIED by unanimous
voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 97-024. Request for a rezone, in accordance with Section 17.72.030.0
(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 (Postponed from the
December 17,1997 regular meeting).
BOB SCHOLZE indicated 96 public hearing notices were mailed for this case and
1 was returned, expressing concern about congestion in the area. As a result of a
request from the applicant, staff recommended postponement of this request until
the June, 1998 regular meeting.
COMMISSIONER HIMES MOVED TO POSTPONE action on Case 98-024
until the Commission's June 1998 regular meeting, and to schedule it as an old
business item.
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 98-014. Request for a rezone, in accordance with Section 17.72.030.0
(Manner of Initiation) of the Borough Code, of a portion of Lot S lA and all of Lot
S2, U.S. Survey 3218 from I -Industrial I4 B-Business (approximately 11.8 acres),
and a flagstem portion of Lot S1B, U.S. Survey 3218 from R2-Two family
Residential to B-Business (approximately 3,000 square feet). 2705 Mill Bay
Road, 173 Island Lake Road, and 2980 Cove Drive.
BOB SCHOLZE indicated 97 public hearing notices were mailed for this case and
4 were returned, 1 expressing no objection and 3 expressing concern about
P & Z Minutes: May 20, 1998 Page 2 of 13
drainage onto adjacent residential properties in Shahafka Acres. Staff
recommended the Commission forward this request to the Assembly with a
recommendation of approval.
COMMISSIONER SELIG MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of a portion of Lot S1A and all of Lot
S2, U.S. Survey 3218 r-Qm I -Industrial I4 B-Business (approximately 11.8 acres),
and a flag stem portion of Lot SIB, U.S. Survey from R2-Two family Residential
I4 B-Business (approximately 3,000 square feet), and to adopt the findings of fact
in the summary statement dated May 20, 1998, in support of this
recommendation:
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from I -Industrial to B-Business is needed and justified because the
zoning district permits development:
A. that is consistent with emerging commercial/retail character that has
evolved in the immediate area in recent years. Retail and service uses
permitted in the B-Business zoning district will be well suited to
established used including the Safeway store, fast food restaurants, a
service station, a bank and an office building.
B. that is less intensive in the range of permitted and conditional uses,
thereby reducing potential of land use conflicts with established nearby
residential uses in Shahajka Acres and Holland Acres.
C. that will create one nonconforming use, the existing batch plant adjacent
to an established residential neighborhood. However, the rezone will
preclude mry future expansion of this industrial activity, and will likely be
a first step in its relocation to a more suitable industrial area further from
residential neighborhoods.
D. that will, in conjunction with the companion subdivision, clean up the
existing split lot zoning on these tracts.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
An area immediately adjacent to the subject property was specifically designated
for shopping center development in the 1968 KIB Comprehensive Plan, which
emphasized the desirability of providing as compact a business area as possible.
Also noted in the Comprehensive Plan was the fact that outlying shopping areas
need to be located at the confluence of major through traffic routes and that this
intersection of main roads was particularly suitable (pages 36-37).
A change of zoning from I -Industrial to the B-Business zoning district is necessary
not only because it is consistent with the original Comprehensive Plan
designation of shopping center for this area, but also because it will bring the
zoning into conformance with this emerging retail/commercial character of the
P & Z Minutes: May 20, 1998 Page 3 of 13
area. It is also consistent with designation of adjacent tracts within the Lakeside
Subdivision as Retail Business, which was confirmed in the adoption of the
revised Lakeside/Safeway Subarea Plan in September of 1997.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Diana Brooks, Shahafka Acres resident, appeared before the Commission and
expressed concern about what development of these lots would do to the already
existing drainage problem in the adjacent residential neighborhood. She also
thought that Island Lake Road was in poor shape and that did not want increased
traffic on the road.
Kate Ballinge , Shahafka Acres resident, appeared before the Commission and
expressed concern about this request. She was also concerned about increased
traffic on Island Lake Road and increased business traffic on Cove Drive.
Bill Oliver, agent for the applicant, appeared before the Commission and
expressed support for this request. He assured the previous speakers that the
proposed development plan would not change the topography of the lot and that
the City of Kodiak building department had indicated a drainage plan would be
required prior to any development. He also noted the proposed configuration
would ensure that the only access to the largest retail lot would be off of Mill Bay
Road and that the City of Kodiak has indicated that a traffic impact study would
also be required prior to development.
Public Hearing Closed.
Regular Session Opened.
After some discussion, the Commission agreed that the concerns expressed should
be discussed as part of the review of the companion subdivision case.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case S98-007. Request for preliminary approval of the vacation of Lots S1A,
SIB and S2, U.S. Survey 3218, and replat to Lots 1-8, Alagnak Acres. 2705 Mill
Bay Road, 173 Island Lake Road, and 2980 Cove Drive.
BOB SCHOLZE indicated 97 public hearing notices were mailed for this case and
2 were returned, 1 expressing no objection and 1 expressing concern about
drainage onto adjacent residential properties. Staff recommended approval of this
request subject to conditions. He stated that staff had not proposed a condition of
approval about drainage because the lots were already relatively flat and there
P & Z Minutes: May 20, 1998 Page 4 of 13
would likely be no major recomouring of the property. He suggested that if the
Commission chose, they could amend the conditions to require a drainage plan.
COMMISSIONER STEWART MOVED TO GRANT preliminary approval of
the vacation of Lots S1A, S1B and S2, U.S. Survey 3218, and replat to Lots 1-8,
Alagnak Acres, and vacation of an approximately 330 foot long, thirty (30) foot
wide roadway easement covering the southerly portion of proposed Lot 7 (per Plat
72-5), subject to the conditions of approval contained in the summary statement
dated May 20, 1998 and to adopt the findings in the staff report dated May 1,
1998 as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Install a new fence and/or repair the existing fence. The fence shall be six
(6) feet high and sight obscuring to separate business uses in proposed
Alagnak Acres and all adjacent residentially zoned properties in Block 1
and 2 of Shahatka Acres. This condition meets the approval requirement
of KIBC 17.21.050.C.
2. Place a note on the plat stating: "There shall be no access directly from
Lot 6 onto Mill Bay Road or Island Lake Road."
3. Designate the sixty (60) foot wide flagstem of proposed Lot 5 as "access
and utility easement for Lot 6."
4. Redesignate the existing thirty (30) foot wide roadway easement covering
the southerly portion of proposed Lot 8 as "access and utility easement for
Lot 7," and vacate the approximately 330 feet of existing roadway
easement covering a southerly portion of proposed Lot 7.
5. Lighting related to future development may not produce a glare on public
highways and neighboring residential properties according to KIBC
17.21.050.B.
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 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.
P & Z Minutes: May 20, 1998 Page 5 of 13
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The Commission discussed the drainage issue. COMMISSIONER FRIEND felt
that the area was reasonably flat and that further development should not have a
negative impact.
COMMISSIONER SCHEIDLER felt a condition requiring a drainage plan should
be added.
CHAIR TURNER was still concerned and wanted to ensure protection of adjacent
residential lots.
LINDA FREED suggested that a condition of plat approval might not be the best
way to address the speakers concerns, and recommended that if the Commission
added a condition of approval that they be very specific with the requirement so
that they would achieve the desired results. She suggested that the Commission
could direct staff to write a letter to the Building Department requesting a
drainage plan prior to issuance of any building permits on the lots.
The question was called and the motion CARRIED by unanimous roll call vote.
CHAIR TURNER directed staff to send a letter to the building department
requesting that they ensure that drainage concerns are addressed prior to
development on the lots in this subdivision.
D) Case 98-015. Request for a rezone, in accordance with Section 17.72.030.0
(Manner of Initiation) of the Borough Code, of a portion (approximately 3/4 acre)
of Lot 5, Block 1, Kadiak Subdivision I" Addition, from R3-Multi family
Residential to B-Business. 3465 Tugidak Court.
BOB SCHOLZE indicated 107 public hearing notices were mailed for this case
and 2 were returned, stating no objection to this request. Staff recommended
postponing this request until the June 1998 regular meeting so the rezone area
could be expanded to include the portion of Lot C-1A, Woodland Acres 7'h which
was never formally rezoned by ordinance from R2-Two family residential to B-
Business.
P & Z Minutes: May 20, 1998 Page 6 of 13
COMMISSIONER BELL MOVED TO POSTPONE action on Case 98-015
until the June, 1998 regular meeting and to bring it back for public hearing as an
expanded rezone area including the rear portion of Tract C-1A (approximately 2/3
of an acre).
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Mike Anderson, applicant, appeared before the Commission and agreed with
staffs recommendation of postponement.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
E) Case S98-008. Request for preliminary approval of the vacation of Tract A and
the remainder of Block 1 of Trinity Islands Subdivision, and Lots 4A, 5 & 6,
Block 1, Kadiak Alaska Subdivision 1" Addition, and replat to Tracts A-1 and B,
and Lots 5 through 26, Block 1, Trinity Islands Subdivision, and the creation of
Chirikof Circle.
LINDA FREED indicated 107 public hearing notices were mailed for this case
and 2 were returned, stating no objection to this request. She reported that revised
conditions were provided for the Commission's consideration. Based on
discussion at the packet review worksession, one of the original conditions
recommends that there be no further subdivision of Tracts B and A-1. Ms. Freed
noted a conversation she had had with Mr. Anderson where he had expressed
serious reservations to this recommended condition. Ms. Freed also thanked Mr.
Anderson for revising his plan and providing a subdivision which preserves the
pond located on the property. Staff recommends approval of this request subject
to conditions as proposed in the summary statement dated May 20, 1998.
COMMISSIONER HIMES MOVED TO GRANT preliminary approval to the
vacation of Tract A and the remainder of Block I of Trinity Islands Subdivision,
and Lots 4A, 4B, 5 & 6, Block 1, Kadiak Alaska Subdivision V Addition, and
replat to Tracts A-1 and B, and Lots 5 through 26, Block 1, Trinity Islands
Subdivision (according to the revised preliminary plat dated May 20, 1998), and
the creation of Chirikof Circle, subject to the conditions of approval contained in
the summary statement dated May 20, 1998 and to adopt the findings in the staff
report dated May 4, 1998 as "Findings of Fact" for this case.
P & Z Minutes: May 20, 1998 Page 7 of 13
CONDITIONS OF APPROVAL
1. Submit to City of Kodiak Public Works Department 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 (according to KIBC 16.70.010.A).
2. Provide the KIB Engineering/Facilities Department with engineered road
and grading plans, incorporating the standards for improvements contained
in Chapters 16.70 and 16.80, for review and approval by the Borough
Engineering/Facilities Department prior to construction of the Tugidak
Court extension and Chirikof Circle (according to KIBC 16.70.020.A.5).
3. Provide the KIB Engincering/Facilities Department with an engineered
drainage plan for approval as required by KIBC 16.70.020.5, including
proposed ditch lines, culverts and drainage easements (according to KIBC
16.80.080).
4. Consistent with determinations made in other subdivision cases in this
area, based on KIBC 16.70.020.A.5, the standing, permanent pond
covering parts of Lots 20, 21, 22, and 25, (identified as PAB3H
[palustrine, aquatic bed, rooted vascular, permanently flooded] on the
National Wetlands Inventory map prepared by the US Fish and Wildlife
Service), will not be filled. Lots will have a minimum of 7,200 square feet
developable contiguous area, exclusive of pond surface, accessible from
the right-of-way without introducing fill into the pond. The final plat will
show the extent of the pond and contain a note stating: "In the course of
developing individual lots in this subdivision, the naturally occurring pond
indicated on this plat shall not be filled or excavated." Reconfiguration of
the proposed lots in this subdivision to meet this condition does not
require additional review by the Commission.
5. Proposed rights -of -way created will be dedicated on the final plat (per
KIBC 16.40.070).
6. Place a note on the final plat stating: "There will be no further subdivision
of Tract A-1 and Tract B creating additional lots."
On the final plat, dual flag stems (proposed Lots 5 & 6, 19 & 20, and 24 &
25) will be designated as access and utility easements for the exclusive use
of the flag lots as indicated on the revised preliminary plat submitted on
May 20, 1998.
P & Z Minutes: May 20, 1998 Page 8 of 13
8. Subdivider must install stop signs and street signs prior to final approval,
as required by KIBC 16.80.090.
9. Subdivider must install a fire hydrant on the comer of proposed Lot 9 at
the intersection of Tugidak Court and Chirikof Court, as requested by the
Kodiak Fire Department and KIBC 16.70.020.A.3.
10. A six (6) foot high sight -obscuring fence shall be constructed and
maintained between the business zoned lots and all adjacent residentially
zoned properties in Woodland Acres 7"' Addition and Trinity Islands
Subdivision. This condition meets the approval requirement of KIBC
17.21.050.0
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 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:
Mike Anderson, applicant, appeared before the Commission and expressed
support for this request. He stated that he had reconfigured the lots around the
pond so he would not have to fill it, even though he did receive approval from the
Corps of Engineers. It ultimately reduced the number of lots from 27 to 26. He
agreed with all of the proposed conditions of approval, except # 6, which he
opposed. He did not want to be restricted at this time because he was still unsure
what his plans are for the business lots. He encouraged the Commission to delete
condition #6.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER FRIEND MOVED TO AMEND the motion by deleting
condition #6.
The motion to amend was seconded and CARRIED by unanimous roll call vote.
P & Z Minutes: May 20, 1998 Page 9 of 13
FINDINGS OF FACT
1. With conditions, this plat meets the minimum standards of survey
accuracy and proper preparation of plats required in Title 16 of the
Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat, with conditions, provides a subdivision of land that is consistent
with adopted Borough plans for this area.
The motion was SECONDED.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
BOB SCHOLZE indicated that and individual had submitted comments to Community
Development Department on the Pasagshak Plan, which had been inadvertently omitted
from the Commission packet at the Pasagshak worksession. A copy of those comments
was provided to the Commission to be included in their Pasagshak information.
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE RECEIPT of items A
and B of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Memorandum dated April 22, 1998 to Jerome Selby, Linda Freed, and KIB
Assembly, from Matthew Jamin, Borough Attorney, RE: Motion for Attorney's
Fees from Leisnoi, Inc. to Kodiak Island Borough.
P & Z Minutes: May 20, 1998 Page 1 1 of 13
B) Womens Bay Natural Use Area Survey
There were no further communications.
X. REPORTS
Linda Freed reported that the Kodiak Subarea Plan Draft comment deadline period was
May 29, 1998. The document is scheduled for final revision, based on the comments
received, and approval in mid -June.
The ESO (Emergency Services Organization) quarterly meeting will be held on June 4 at
1:30 p.m. in the Borough Assembly Chambers. DNR will make a computerized
presentation of an oil spill response program, based on the Pan -Dynamic incident.
Kodiak will be allowed to keep the software after the presentation. She encouraged the
Commissioners to attend.
When staff informed the Commission that the Community Development Department
would be short staffed during the end of July and first part of August, they agreed that
they would cancel their August regular monthly meeting. They also agreed that they
would not hold worksessions on May 27 and June 3, 1998.
COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of reports.
The motion was seconded and CARRIED by unanimous voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
CHAIR TURNER adjourned the meeting at 8:40 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By.
lene Turner, Chair
P & Z Minutes: May 20, 1998 Page 12 of 13
ATTEST
By:
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: June 17, 1998
P & Z Minutes: May 20, 1998 Page 13 of 13