2000-07-19 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -DULY 19, 2000
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by VICE -CHAIR HIMES on July 19, 2000 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Robert Lindsey
Reed Oswalt
Greg Razo
Walter Stewart
Bob Himes, Vice -Chair
Others Present
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
COMMISSIONER STEWART MOVED TO EXCUSE Commissioner Bell and
Commissioner Selig from the regular meeting. The motion was SECONDED by
COMMISSIONER RAZO, and CARRIED by unanimous voice vote.
Commissioners Not Present
Donna Bell -Excused
Clarence Selig -Excused
A quorum was established.
III. APPROVAL OF AGENDA
COMMISSONIER RAZO MOVED TO ACCEPT the agenda as presented. The motion
was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER RAZO MOVED TO APPROVE the minutes of May 17, 2000
Planning and Zoning Commission regular meeting, as submitted. The motion was
[ SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice
L vote.
P & Z Minutes: July 19, 2000 Page I of 17
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case S00-009. Request for preliminary approval of the vacation of Lot 1 C, Block
1, Emmons Subdivision, Lots 16A-1, 16A-2, and 16B, U.S. Survey 3099; and
vacation of a twenty (20) foot wide road and utility easement over a portion of Lot
16A-1, U.S. Survey 3099, and replat to Lots 1, 2, and 3, Finlay Estates. 2376
Mission Road, 2408, 2400, and 2426 Spruce Cape Road.
BOB SCHOLZE indicated forty-one (41) public hearing notices were mailed for
this case with one being returned stating no objection to the request. Staff
recommended approval of request subject to three (3) conditions of approval.
COMMISSIONER STEWART MOVED TO GRANT preliminary approval to
the vacation of Lot 1C, Block 1, Emmons Subdivision, and Lots 16A-1, 16A-2,
and 16B, U.S. Survey 3099; and vacation of a twenty (20) foot wide road and
utility easement over a portion of Lot 16A-1, U.S. Survey 3099, and replat to Lots
1, 2, and 3, Finlay Estates, subject to the conditions of approval contained in the
staff report dated July 7, 2000, and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. "No structures, storage, vehicle storage or vegetation over ten (10) feet
high are allowed on portions of Lots 1, 2, and 3, Finlay Estates that
formerly comprised Lot 16A-2 according to Plat 78-26."
2. `Basement (Book 29, Pages 211, 212 and 213) is for construction of the
southwest interceptor only, at the end of which construction period same
will revert to and vest in the grantors" (Carried over from Plat 78-26).
3. The ten (10) foot wide easement on the lot line common to proposed Lots
1 and 3 should state: "Pedestrian access easement for the benefit of Lot 2
created this plat." The ten (10) foot wide easement on proposed Lot 1
covering the sewer service to the house on proposed Lot 2 should state:
"10 ft. wide sewer service and sewer maintenance easement created this
plat for the benefit of Lot 2."
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper
preparation of plats required in Title 16 of the Borough Code.
P & Z Minutes: July 19, 2000 Page 2 of 17
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER RAZO.
Regular session closed.
Public hearing opened:
Jan Finlay Proper owner: Ms. Finlay stated that naming of Finlay Estates is in
recognition of her husband's late father who previously owned the lots.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
Commissioner Razo stated it was a pleasure seeing three property owners working
together to enhance a neighborhood.
The question was called and the motion CARRIED by unanimous roll call vote.
B) Case 00-011. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of Initiation), of Lots lA - 12B, Block 1, and Lots 1 - 6,
and Lots 19 - 24, Block 2, and Lots 1 - 8, Block 3, Island Lake Subdivision; and
Lots 7A, 713, 7C, and 8, Block 1, Miller Point Subdivision I" Addition from Rl-
Single Family Residential to R2-Two Family Residential. Generally located
along Island Lake Road, Arctic Tem Street, Kittiwake Street, and Ptarmigan Pass
Street (Postponed from May 17, 2000 regular meeting).
BOB SCHOLZE indicated one hundred ten (110) public hearing notices were
mailed twice for this case, once in May and once in July with one public hearing
notice being returned expressing no objection, and one public hearing notice
expressing objection. Twelve property owners in rezone area signed a petition in
support of request. Staff recommended not approving the rezone request, due to
the need for an area plan update and or recommended case for postponement until
the regular meeting for September.
COMMISSIONER RAZO MOVED TO POSTPONE consideration on Case 00-
011 until the September, 2000 regular meeting.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
P & Z Minutes: July 19, 2000 Page 3 of 17
Public hearing opened:
Janice Ure ProApy owner: Ms. Ure called in to express opposition to the request,
and had concerns on inadequate lot sizes and density impact, and further
expressed concerns regarding public access to Island Lake.
T.M. Sweeney. Applicant: Mr. Sweeney agreed with Staffs recommendation to
postpone action. Mr. Sweeney pointed out that density impact will be very
minimal, and rezoning of area will only be applicable to lots that are available for
development, and that everyone has to be conforming and still have to comply
with regulations. Mr. Sweeney urged the Commission to vote in favor of
postponement since a majority of people in request area are currently out of town.
Mr. Sweeney further commented that he did not want to wait for another
comprehensive area plan to be updated, and felt that the Borough should act now
to make neighborhood viable for landowners.
Craig Olsen Property owner: Mr. Olsen objected to the rezone request and does
not understand how Mr. Sweeney does not think the rezone would not effect the
neighborhood in density. Mr. Olsen further stated the rezone would allow
doubling up on lots which would increase the density and cause a higher traffic
impact, and he could not see this being allowed in the area.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
Commissioner Raze commented that majority of lots in rezone request area are
substandard lots for R2 zoning anyhow, and felt that even if rezoning of the
substandard lots was to be done, no R2 dwellings would be allowed unless two
lots were to be combined to comply with R2 zoning. Commissioner Raze further
expressed that lots being impacted by the request are larger lots fronting the lake,
which would be able to develop two family dwellings. Commissioner Raze
further urged fellow landowners to express their opinion on this request. He
would like to hear more from the public on whether this is what they want or not.
Commissioner Stewart echoed Commissioner Raze's comments. Commissioner
Stewart agreed with postponement, and felt it would be beneficial to hear more
opinions from fellow landowners regarding issue. Commissioner Stewart agreed
that further investigation to update the comprehensive area plan is needed.
Commissioner Lindsey echoed Commissioner Raze's comments, but had
reservations with reverting back to updating the comprehensive area plan, and felt
that this would tie the hands of the landowners preventing what would be
beneficial progress in the area. It further occurred to Commissioner Lindsey that
the possibility of lot split requests would increase, in which in Commissioner
Lindsey's point of view, would be much more detrimental to the neighborhood
P & Z Minutes: July 19, 2000 Page 4 of 17
than rezoning the area to a R2 zoning district. Commissioner Lindsay also urged
fellow landowners to express their opinion, and agreed with staff to postpone
action on request until more comments are received. Commissioner Oswalt
agreed with Commissioner Lindsey, but had only one reservation with the
situation of alternating RI and R2 zoning, which would reflect spot zoning.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case 00-013. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of Initiation), of Tract A -IA, Tract A-113, Tract A-lC,
Tract A-ID-1, Tract A-ID-2, and Tract B, U.S. Survey 1671 from RRl-Rural
Residential One to C-Conservation zoning district. Generally located in Pleasant
Harbor (within Section 19, Township 26 South, Range 19 West, Seward
Meridian) east of the City of Ouzinkie.
BOB SCHOLZE indicated four -one (41) public hearing notices were mailed for
this case, and none were returned. Staff recommended that the Commission
forward the rezone request, with a recommendation of approval to the Assembly.
COMMISSIONER STEWART MOVED TO RECOMMEND to the Kodiak
Island Borough Assembly to approve the rezoning of Tract A -IA, Tract A-113,
Tract A -IC, Tract A-ID-1, Tract A-lD-2, and Tract B, U.S. Survey 1671, from
RRl-Rural Residential One IQ C-Conservation zoning district, and to adopt the
"Findings of Fact" in the staff report dated July 7, 2000, 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 RRl-Rural Residential One to C-Conservation is needed and
justified because the C-Conservation zoning district permits development that:
A. is appropriate in most cases for remote properties off the road system and
the C-Conservation zoning district with a five (5) acre minimum was
originally established for remote areas of the Borough.
B. is suited specifically to this area which is characterized by remote location
and steep topography. This property is actually much better suited to C-
Conservation zoning than the existing RRl zoning. The RRl subdivision
nearby (Sunny Cove Subdivision, Plat 81-2) has not seen significant
development in its nearly twenty years in existence, in part due to its
remoteness and in part due to a State Department of Environmental
Conservation (ADEC) requirement for engineered septic systems on one
P & Z Minutes: July 19, 2000 Page 5 of 17
acre lots. In addition, there are not adequately improved roads in the area
to meet access standards for RRl zoning
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan
A change of zoning from RRl to the C-Conservation zoning district is consistent
with the objectives of the comprehensive to the extent that C-Conservation
zoning, with a five (5) acre minimum, is more appropriate for development in
remote areas, including lodges which are prohibited in the RRl zoning district.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Rebecca Dawn, Applicant: Ms. Dawn stated that affected property owners signed
a petition in support of the rezone request, in which they would like to be given
more flexibility in development to earn a living in a remote site. Ms. Dawn urged
the Commission to recommend approval to the Assembly.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
D) Case 00-014. Request for a conditional use permit, in accordance with KIB Code
Section 17.13.040 D. (Conditional Uses), to permit a seasonal recreation camp
with provisions for up to 75 clients on a five (5) acre parcel near McCord Bay on
Sitkalidak Island.
BOB SCHOLZE indicated thirteen (13) public hearing notices were mailed for
this case, with none being returned. Staff believed that the request meets all the
requirements necessary, as reflected in the findings of fact, for a conditional use
permit to be granted under Chapter 17.67 (Conditional Use Permits) of the
Borough Code. Condition of approval #1, somewhat modified, was
recommended to be retained.
COMMISSIONER RAZO 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 seasonal recreation camp with provisions for up to
seventy-five (75) clients on a five (5) acre parcel on Sitkalidak Island, subject to
P & Z Minutes: July 19, 2000 Page 6 of 17
the condition of approval contained in the staff report dated July 7, 2000, and to
adopt the findings contained in that staff report as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. This conditional use permit is issued for a maximum of seventy-five
(visitors plus staff) people for a period of time not exceeding a total of four
(4) weeks during the months of June and July of the Year 2000.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and
integrity of the surrounding area.
The operation of the camp, which will support research into local native cultural
traditions and the exploration of archeological sites is seasonal and temporary.
Minimal impact is ensured, not only by the short-term nature of the operation, but
also by the nature of the principal activity to respectfully and methodically
uncover the past. In this way the value, spirit, character and integrity of the
surrounding area should not only be preserved, but may also be enhanced.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
This proposed conditional use is consistent with both the intent of KIBC
17.67.010 requiring compatibility of the activity with the surrounding area, and
also KIBC 17.13.010 addressing the description and intent of the C-Conservation
zoning district, which provides for limited commercial land uses. It is also
consistent with the special district regulations of the C-Conservation zoning
district in KIBC 17.13.090 since impact on the natural environment is minimal
and natural features will be preserved intact.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health, safety, convenience and comfort.
The granting of this conditional use permit will not be harmful to the public
health, safety, convenience and comfort since there are essentially, no immediate
neighbors or adjacent land uses. Measures have been taken to protect the health
and safety of participants with the requirement that a potable water source and
solid waste disposal system be approved by ADEC.
17.67.05 D. That sufficient setbacks, lot area. buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
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Minimum lot area and setback requirements are satisfied. Natural buffering is
provided by trees and topography. The spirit camp is seasonal and temporary, as
well as remote, and the potential for conflicts with surrounding neighbors or
adjacent land uses is minimal.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
E) Case 00-015. Request for a conditional use permit, in accordance with Section
17.13.040 F. (Conditional Uses) of the Borough Code, to permit non -recreational
gravel extraction activities, from a previously permitted gravel extraction site for
the total amount of material previously approved, but not removed (within Section
14, Township 31 South, Range 20 West Seward Meridian). Generally located
near Pasagshak Bay, east of Lake Rose Tead, and west of Pasagshak Road.
BOB SCHOLZE indicated fifty-five (55) public hearing notices were mailed for
this case, and none were returned. Staff believed that the request meets all the
conditions necessary, as reflected in the findings of fact, for a conditional use
permit to be granted under Chapter 17.67 (Conditional Use Permits) of the
Borough Code, subject to seven (7) conditions of approval.
COMMISSIONER LINDSEY MOVED TO GRANT a request for a conditional
use permit, in accordance with Section 17.13.040 F. (Conditional uses) of the
Borough Code, to permit non -recreational gravel extraction activities from an
existing materials site, consisting of the removal of additional gravel to total the
approximately 20,000 cubic yards of material originally permitted to be removed,
within Section 14, Township 31 South, Range 20 West, Seward Meridian; subject
to the conditions of approval contained in the staff report dated July 7, 2000, and
to adopt the findings contained in that staff report as "Findings of Fact' for this
case.
CONDITIONS OF APPROVAL
1. This CUP is conditional on issuance of a new land use permit and material
sales contract by DNR for renewed gravel extraction activity at this site.
The CUP is approved for 7,000 additional cubic yards of material, for a
P & Z Minutes: July 19, 2000 Page 8 of 17
cumulative total of 20,000 cubic yards as originally permitted by DNR
Material Sales Contract ADL 227326 and CUP Case 97-026. The
timeframe for this CUP corresponds to the deadline specified in the
pending Material Sales Contract.
2. Maintain a minimum one hundred (100) foot undisturbed buffer between
the lake and activity and equipment operations related to the project, and
maintain a minimum one hundred (100) foot wide undisturbed greenbelt
preserving existing vegetation between the road and the project area.
3. Maintain the existing berm surrounding the project area to minimize visual
and audio impacts. The settling pond will be located approximately 400
feet from the lake/lagoon at the south edge of the project area, as
recommended by ADF&G.
4. No water will be withdrawn from Lake Rose Tead or the lagoon without a
fish habitat permit issued by ADF&G, Habitat and Restoration Division.
5. Upon project completion, the entire excavation site, including the old
quarry, will be contoured level and covered with organic berm materials,
and then fertilized and re -seeded the next spring or early summer, as
recommended by ADF&G.
6. Provide a water truck to ensure adequate dust control, on site and on the
road, during material extraction activities.
7. Promote site security by restoring the previously required NO
TRESSPASSING signs in conspicuous and visible locations at the site.
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 will be preserved
by operational measures taken to minimize impacts resulting from the extraction
activity. These include: an eight (8) foot high earthen berm that will screen the
site from the roadway; drainage measures to control erosion and runoff, and site
reclamation consisting of re -contouring the site and reestablishing vegetation by
fertilizing and reseeding early in the growing season. The applicant is require to
stabilize the site by re -grading to allow sufficient moisture to be retained for
natural vegetation and to re -spread stockpiled topsoil over the site to promote
natural plant growth, in addition to the required re -seeding. While the Kodiak
Island Borough code does not contain reclamation performance standards, such
standards are contained instate regulations. 11AAC 97.200 states that "a miner
P & Z Minutes: July 19, 2000 Page 9 of 17
u
shall reclaim areas disturbed by a mining operation so that any surface that will
not have a stream flowing over it is left in a stable condition." The conditions of
approval established for this project will insure that this reclamation performance
standard is met. Further the regulations state "a miner shall reclaim an area
disturbed by a mining operation so that the surface contours after reclamation is
complete are conducive to natural revegetation....measures taken to accomplish
this result may include backfrlling, contouring, and grading, but a miner need not
restore the site's approximate original contours." Again, the conditions of
approval imposed on this project will insure that this performance standard is met,
preserving the value, spirit, and integrity of the site once it has been reclaimed.
17.67.05 B. That the conditional use fulfills all other requirements of this chanter
pertaining to the conditional use in question.
The site plan indicates, and the conditions of approval require, that the gravel
excavation and processing areas of this project are located well away (100 ft.
minimum) form both Lake Rose Tead and the road. A settling pond with silt
fences will contain drainage/runoff within the project area and will be located
approximately 400 feet from the lake/lagoon and the south edge of the project
area. The access point from the Pasagshak Road will be identified and a
minimum of twenty-four (24) feet wide to accommodate two-way traffic.
Non -recreational mineral extraction activities, such as this commercial gravel
excavation project, are specifically permitted as a conditional use in the C-
Conservation zoning district. The Kodiak Island Borough code recognizes that
safeguards can be used to minimize project impacts while providing access to a
natural resource, necessary to the development of an activity previously permitted
as an appropriate conditional use (i.e. the Kodiak 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 is required to be separated from Lake Rose Tead by an undisturbed 100 foot
buffer, in order to protect anadromous fish habitat, and by an eight (8) foot high
berm to minimize visual and audio impacts. The nearest residences are more than
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 safety problems. In addition, a requirement for
informational safety signs and dust control measures should minimize project
impacts on the general public.
P & Z Minutes: July 19, 2000 Page 10 of 17
17.67.05 D. That sufficient setbacks. lot area. buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section,
The general remoteness of the site, combined with topography and natural
vegetation, provided a buffer from the nearest residential development. The eight
(8) foot high berm established around the proposed extraction area will provide
screening from traffic and recreationists using Lake Rose Tead. Numerous
conditions of approval, imposed on the project, will mitigate the impacts of the
project on other activities in the vicinity. A time limit established for the project
minimizes long-term impacts. A recent site visit on June 30, 2000, indicated that
the controls established as conditions of approval originally for Case 97-026,
including an eight (8) foot high berm surrounding the project area and a one
hundred (100) foot buffer between the project site and the lake/lagoon and the
other one hundred (100) foot buffer between the project site and the road have
effectively served to mitigate any potential negative off -site impacts.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
John Pfeifer. Site Manager. Kodiak Launch Complex: Mr. Pfeifer supported the
request and urged the Commission to approve the conditional use permit.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
Commissioner Razo felt that this was a reasonable request and that it did not
expand in anyway from the original request. He further stated that no harm was
being caused and he would like to see them be able to complete their project.
Commissioner Stewart noted that staff report and in a previous staff report
indicated that applicant is in tight control and obeyed all guidelines given
previously. Commissioner Stewart expressed that he did not oppose the request.
The question was called and the motion CARRIED by unanimous roll call vote.
F) Case 00-016. Planning and Zoning review of a detailed site plan, in accordance
with KIB Code Section 17.33.020 I. (Permitted Uses), supporting the remodeling
of an existing structure for local government offices on Lot 6134A, U.S. Survey
2538A; and review of the required parking location on adjacent vacant Lot 6B-
1B, U.S. Survey 2538A, in accordance with KIB Code Section 17.57.050 (Off-
street parking). 612 and 614 Egan Way.
P & Z Minutes: July 19, 2000 Page I 1 of 17
BOB SCHOLZE indicated forty-one (41) public hearing notices were mailed for
this case, and one was returned requesting that spruce trees be maintained to
provide screening. Staff recommended approval of this request subject to one (1)
condition of approval.
COMMISSIONER STEWART MOVED TO APPROVE a change of use, in
accordance with KIB Code Section 17.33.020.I. (Permitted Uses), to permit
remodeling of an existing structure into a local government building containing a
police substation office, conference room and emergency center on Lot 6B-lA,
US. Survey 2538A, including approval of required parking to be permitted, in
accordance with KIB Code Section 17.57.050 (Off-street Parking), on adjacent
vacant Lot 613-113, U.S. Survey 2538A subject to the condition of approval
contained in the staff report dated July 7, 2000, and to adopt the findings
contained in that staff report as "Findings of Fact' for this case.
CONDITION OF APPROVAL
1. Unless alternative access is provided directly to Lots 6B-lA and 613-1B
from Egan Way, provide a twenty four (24) foot wide access easement
benefiting Lots 6B-lA and 6B-113 centered on the driveway to those lots
where it crosses Lot 613-2, and widen the driveway surface to twenty-four
(24) feet to accommodate two way traffic as prescribed by KIBC
17.57.080.F.1.
FINDING OF FACT
Remodel of this structure to provide a police substation and emergency center in
close proximity to existing local government offices on Borough Hill will enhance
public safety and emergency response capability.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
Commissioner Stewart expressed concern that if access is from Egan Way that it
could cause a potential hazardous traffic impact, and felt access should be from
Lot 613-2 only.
The question was called and the motion CARRIED by unanimous roll call vote.
P & Z Minutes: July 19, 2000 Page 12 of 17
G) Case S00-010. Request for preliminary approval of the vacation of a fifty (50)
foot right-of-way easement for roadway and utilities contained in the patent, over
a portion of Lot 9, U.S. Survey 3464. 1100 Mallard Way.
BOB SCHOLZE indicated twenty-seven (27) public hearing notices were mailed
for this case, and one was returned in favor, and one was returned in opposition to
request. Staff recommended postponement of this request until the August
regular meeting to allow additional time for staff to research further on issue, and
to receive additional information from an adjacent property owner.
COMMISSIONER RAZO MOVED TO POSTPONE action on this request until
the August, 2000 regular Commission meeting.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Daniel Davis. Applicant: Mr. Davis requested easement to allow for development
of a single-family residence. Due to steep topography and a more preferred site,
utilities for new dwelling were stubbed in at another location (in center of
property), therefore not utilizing the easement that was created by the patent. Mr.
Davis further stated that utility and road easement does not continue neither on to
adjacent Lot 10, nor on to Lot 8 therefore Mr. Davis did not see the need for the
patent easement. Mr. Davis spoke with Mr. Bowers (nearby property owner of
Lots 6 & 7) in which Mr. Bowers indicated that it is his intent to provide papers
stating that access to his lot is to be provided through Mr. Davis' lot. Mr. Davis
encouraged the Commission to approve the vacation of the utility and road
easement if Mr. Bowers is unable to produce the evidence indicating that he is
allowed access across Lot 10.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
Commissioner Lindsey expressed that issue is historical, and is awaiting further
submitted information before a sound decision is made, therefore he was in favor
of postponement.
The question was called and the motion CARRIED by unanimous roll call vote.
IT) Case S00-011. Request for preliminary approval of the subdivision of Lots 81 -
83, and 119, Block 9, Erskine Addition, creating Lots 81A and 81B, Block 9,
Erskine Addition. 203 E. Rezanof Drive.
P & Z Minutes: July 19, 2000 Page 13 of 17
BOB SCHOLZE indicated twenty-seven (27) public hearing notices were mailed
for this case, and two were returned expressing no objection. Staff indicted a
supplemental memorandum was submitted to clarify modification and addition to
approvals of conditions. Staff recommended approval of this request subject to
six (6) conditions of approval.
COMMISSIONER RAZO MOVED TO GRANT preliminary approval of the
subdivision of Lots 81, 82 and 83, and Lot 119, Block 9, Erskine Addition,
creating Lots 81A and 81B, Block 9, Erskine Addition, subject to the conditions
of approval contained in the supplemental memorandum dated July 18, 2000, and
to adopt the findings in the staff report dated July 7, 2000, as "Findings of Fact"
for this case.
CONDITIONS OF APPROVAL
1. Prior to final plat approval, the five (5) container vans on proposed Lot
8 1 B and/or the adjacent right-of-way must be:
A) removed from the State right-of-way unless written permission is
obtained from the State Department of Transportation to allow
them to remain; and
B) otherwise removed from or reconfigured on the property to satisfy
the parking development standards of KIBC 17.57.080 for required
parking on proposed Lot 81B.
2. As requested by ADOT, place a note on the final plat stating: "No new
access points on to the State road system will be permitted."
3. Prior to final plat approval, install individual water and sewer services to
proposed Lot 81B, which presently lacks water for a restroom facility for
employees, as required by City Public Works Department (memo dated
July 6, 2000), and the Building Official (memo dated July 7, 2000).
4. Prior to final plat approval, bring the existing tire shop and vans on
proposed Lot 81B into compliance with applicable building codes as
outlined in the memorandum from the Building Official dated July 7,
2000.
5. Plat an electrical easement on proposed Lots 81A and 81B five (5) feet
either side of the existing underground electrical cable providing power
from the electrical transformer to the service station, or, should this
electrical cable be relocated, five (5) feet either side of the relocated cable
where it crosses proposed Lot 81B.
P & Z Minutes: July 19, 2000 Page 14 of 17
6. Prior to final plat approval, install an independent phone line to the tire
shop on proposed Lot 81B which does cross another property. In the
alternative, a ten (10) foot wide utility easement must be provided on
proposed Lot 8 1 A covering the phone line between the service station and
the tire shop.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper
preparation of plats required in Title 16 of the Borough Code.
2. With conditions, this plat meets all the requirements of Title 17 of the
Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Bud Cassidy. Local representative. Petro Star Inc.: Mr. Cassidy expressed that the
intention of the subdivision is to separate the two uses on lots. Mr. Cassidy
further indicated that Petro Star is agreeable with staff's recommendations of
conditions of approval. Mr. Casssidy reported that electrical easement is under
storage vans and options to remedy this is to 1) create a new easement or 2) use an
existing electrical easement which is located down Rezanof Drive, therefore Mr.
Cassidy recommended a change in condition # 5 to read as: "...or, should this
electrical cable be relocated, five (5) feet either side of the relocated cable where
it crosses proms Lot 81B. " Staff indicated that it was already addressed in the
condition to read as such.
Commissioner Razo questioned if proposal includes a tire business. Mr. Cassidy
indicated that lot will be strictly used for a gas station business only and that Petro
Star has no intention to interfere with any other local businesses that sell tires.
Hearing and seeing none further.
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
P & Z Minutes: July 19, 2000 Page 15 of 17
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
A) City of Port Lions Resolution #02-00-R adopted April 13, 2000, requesting the
Planning and Zoning Commission to initiate the rezone of Lots 1 — 3, and 5 — 10,
and Lots 11A and 1113, Block 3; and Lots 2 — 7, Block 14, Port Lions Subdivision
from R1-Single Family Residential 1Q R2-Two Family Residential.
Staff recommended to accept the City of Port Lions Resolution #02-00-R, and
initiate a review of the proposed rezone.
COMMISSIONER STEWART MOVED TO INITIATE a rezone of Lots 2
through 7, Block 14, and Lots 1 through 3, and Lots 5 through 10, and Lots I I
and 11B, Block 3, Port Lions Alaska Subdivision from Rl-Single Family
Residential to R2-Two Family Residential located in the City of Port Lions, as
requested by City of Port Lions Resolution #02-00-R adopted on April 13, 2000.
The motion was SECONDED by COMMISSIONER RAZO.
The question was called and the motion CARRIED by unanimous roll call vote.
IX. COMMUNICATIONS
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of items
A through B of communications. The motion was SECONDED by COMMISSIONER
RAZO and CARRIED by unanimous voice vote.
A) Letter dated May 25, 2000 to Tim Howland from Eileen Probasco, Assistant
Planner, regarding storage shed on Lot 6A, U.S. Survey 3103 located at 2934
Pruitt Lane.
B) File memorandum dated June 2, 2000 from Bob Scholze, Associated Planner,
regarding Tideland Tract 18A site inspection (Case 00-003).
There were no further communications.
X. REPORTS
BOB SCHOLZE reported the following meeting schedule:
August 9t6=Packet review worksession at 7:30 p.m. in the Borough conference room
August 16'"=Regular meeting at 7:30 p.m. in the Assembly Chambers.
P & Z Minutes: July 19, 2000 Page 16 of 17
COMMISSIONER RAZO MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER STEWART and CARRIED by
unanimous voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
There were no commissioners' comments.
XIII. ADJOURNMENT
VICE -CHAIR HIMES adjourned meeting at 8:25 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
larence Selig, C air
ATTEST
Lo
Development Department
DATE APPROVED: August 16, 2000.
P & Z Minutes: July 19, 2000 Page 17 of 17