2000-04-19 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -APRIL 19,2000
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:35
p.m. by CHAIR SELIG on Apri119, 2000 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
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Donna Bell
Bob Himes
Robert Lindsey
Reed Oswalt
Greg Razo
Walter Stewart
Clarence Selig, Chair
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A quorum was established.
MIW 2 4 2000
III. APPROV AL 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
Minutes of the previous meeting were not available.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
A) Case 00-004. Planning and Zoning Commission review, in accordance with
KIBC Section 17.21.050.C. Screening, of proposed screening between the
business use on Lot 4A, Block 4, Airpark Subdivision, and the residential use on
Lot 4B, Block 4, Airpark Subdivision. 1810 Mill Bay Road.
Staff recommended approval of request as proposed by applicant subject to three
(3) conditions of approval.
P & Z Minutes: April 19, 2000
Page 1 of 16
COMMISSIONER HIMES MOVED TO APPROVE screening plan dated
March 8, 2000 as appropriate screening between the business use on Lot 4A and
the residential use on Lot 4B, Block 4, Airpark Subdivision, subject to the
conditions of approval in the staff report dated March 20, 2000, and to adopt the
findings in that staff report as "Findings of Fact" for this decision.
CONDITIONS OF APPROVAL
1. The fence should be installed along the top edge of the fill (rather than
along the property line), as shown in staffs site plan dated March 20,
2000.
2. The fence should be completed within thirty (30) days (by May 20, 2000).
3. Bumper guards should be installed in a manner that will protect the fence
from being damaged by vehicles parked on Lot 4A.
FINDINGS OF FACT
1. A five foot high chain link fence with privacy slats located along the top
edge of the fill between Lots 4A and 4B, Block 4, Airpark Subdivision,
should provide adequate, site obscuring screening between the business
development on Lot 4A and the residential use on Lot 4B. This meets the
requirements ofKIBC 17.21.050.C.
The motion was SECONDED by COMMISSIONER STEWART.
The question was called and the motion CARRIED by unanimous roll call vote.
VI. PUBLIC HEARINGS
A) Case SOO-004. Request for preliminary approval of the subdivision of Lot 7, U.S.
Survey 3101, including vacation of a portion of the patent easement reserved for
roadways and public utilities, creating Lots 7A and 7B, U.S. Survey 3101, and a
portion of Sharatin Road right-of-way. 3573 Spruce Cape Road.
BOB SCHOLZE indicated sixty-seven (67) public hearing notices were mailed
for this case with one expressing opposition to the request. Staff recommended
approval of request subject to vacation approval from the Assembly for the patent
easement reserved for the roadways and public utilities.
COMMISSIONER RAZO MOVED TO GRANT to the subdivision of Lot 7,
U.S. Survey 3101, including vacation of a portion of the patent easement reserved
for roadways and public utilities, creating Lots 7A and 7B, U.S. Survey 3101 and
P & Z Minutes: April 19, 2000
Page 2 of 16
a portion of Sharatin Road right-of-way, and to adopt the findings in the staff
report dated April 3, 2000 as "Findings of Fact" for this case.
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. This plat meets all the requirements of Title 17 ofthe 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 HIMES.
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.
B) Case SOO-005. Request for preliminary approval of the vacation of Lot 14, Block
1, and Block 2, Selief Estates, and replat to Lot 14A, Block 1, and the remainder
of Block 2, SeliefEstates. 2020 Beaver Lake Drive.
BOB SCHOLZE indicated sixteen (16) public hearing notices were mailed for
this case, and none were returned. Staff recommended approval of the request.
COMMISSIONER STEWART MOVED TO GRANT preliminary approval of
the vacation of Lot 14, Block 1, and Block 2, Selief Estates, and rep1at to Lot
14A, Block 1, and the remainder of Block 2, Selief Estates, and to adopt the
findings in the staff report dated March 20, 2000, as "Findings of Fact" for this
case.
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. This plat meets all the requirements of Title 17 of the Borough Code.
P & Z Minutes: Apri119, 2000 Page 3 of 16
3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER HIMES.
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.
C) Case 00-005. Request for a conditional use permit, in accordance with KIBC
Section 17.13.040.D., to permit a lodge that has provisions for up to 76 clients
(generally located in the northeast corner of U. S. Survey 4965). 50838 Narrow
Cape Road.
BOB SCHOLZE indicated eighty-one (81) public hearing notices were mailed for
this case, three (3) were returned expressing opposition, two (2) were returned in
favor of the request with one in favor if provisions of up to 76 clients were
lowered to 12 clients. Staff recommended approval of request subject to seven (7)
conditions of approval.
COMMISSIONER BELL MOVED TO GRANT a request for a conditional use
permit in accordance with Section 17.67 (Conditional Use) of the Borough Code
to permit a lodge with provisions for up to seventy-six (76) people; subject to the
conditions of approval contained in the staff report dated March 28, 2000, 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 seventy-six (76)
occupants and will return to the Commission for review and extended
approval in five (5) years (by April 19, 2005).
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 18.AAC.70 and
18.AAC.80 and any other standards imposed by ADEC. The approved
plans must be provided to the Community Development Department prior
to issuance of a zoning compliance permit.
P & Z Minutes: April 19, 2000 Page 4 of 16
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. A solid waste management plan must be approved by the Borough
Environmental Engineer.
5. 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 lodge/camp
must be well drained and gravel surfaced and twelve (12) feet wide.
6. The parking area designated on for thirty-eight (38) required spaces as
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 certificate of occupancy.
7. The five (5) acre area within U.S. Survey 4965 to which this CUP applies
must be described by metes and bounds or other survey description prior
to issuance of permits.
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. Review and approval by the
Commission after five (5) years will ensure that any negative impacts that result
will be addressed and remedied.
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 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,
P & Z Minutes: April 19,2000
Page 5 of 16
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 Co 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 sufficient setbacks. lot area. buffers or other safeguards are
being provided to meet the conditions listed in subsections A through 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.
The motion was SECONDED by COMMISSIONER HIMES.
Regular session closed.
Public hearing opened:
Mike Brechan-Pasagshak property owner: Mr. Brechan expressed concern that the
Pasagshak Area Plan did not address issue, and does not object to the Burton's
request but is concerned with the logical of past denials of lodges being permitted
m same area.
Betty Odell-Chiniak resident: Ms. Odell called in to expressed that she was in
favor of request and felt traffic impact would decrease for the area.
Judy Dowell-Concerned citizen: Ms. Dowell expressed that her husband and
herself support the request. Ms. Dowell voiced that housing is needed for the
transient worker. She further wanted the Pasagshak recreational area to remain
the same, and thinks having a facility for the Rocket Launch would eliminate
traffic on the road. Ms. Dowell noted from page 34 of the Pasagshak Plan-3rd
Draft states".. ..recognize the need for multi-guest occupancy in support of the
Kodiak Rocket Launch Complex where zoning is appropriate."
P & Z Minutes: April 19, 2000
Page 6 of 16
Robin Starrett-Pasagshak property owner: Mr. Starrett opposes request because of
currently two lots in the Pasagshak area are zoned commercial and would like to
see the investment done on those lots instead.
Martin Heckerman-Pasagshak property owner: Mr. Heckerman felt the
commission should look into request in depth before approval since this issue was
not addressed in the Pasagshak Area Plan therefore he opposes the request.
Jim Graham-Chiniak highway milepost 21.3 resident: Mr. Graham voiced in
support of request. Mr. Graham felt that project makes sense economically and
recreationally. Mr. Graham felt the traffic on the highway would decrease
substantially.
Bill Burton-Applicant: Mr. Burton felt highway impact would be eliminated, and
lodge would be out of site of by-passers. Mr. Burton clarified that the lodge
would be used only for the Rocket Launch Facility, and that it would not turn into
a "tourist trap", and that it was stipulated in the lease that during the time of no
occupancy by workers that the lodging facilities would not be used for tourism.
Craig McCully-Concerned citizen: Mr. McCully felt traffic would not be reduced
due to people coming into town for shopping. Mr. McCully expressed the
negative encroachment of recreational use in Pasagshak area.
John Pfeifer-Manager. Kodiak Rocket Launch Facility: Mr. Pfeifer spoke in favor
of the request, and felt it was consistent with the newly adopted Pasagshak Area
Plan which specifically addresses the need for housing to support the launch
complex. Mr. Pfeifer felt that for highway safety reason that it is feasible to build
a lodge for workers located closer to launch facility. Mr. Pfeifer encouraged the
commission to grant the request.
Dick Diemer-Pasagshak property owner: Mr. Diemer expressed concern of were
project request was developing to and felt Kodiak was going to be taken out of
loop and felt this was going to be a negative impact on the Pasagshak area. Mr.
Diemer encouraged the commission to reconsider granting the conditional use
permit.
BOB SCHOLZE indicated that an objective was adopted in Pasagshak/Narrow
Cape Area Plan, which acknowledges retail/commercial goal that multi-guest
occupancy was needed in support for the Kodiak Rocket Launch Facility. Mr.
Scholze read two public hearing notice letters (per attached). Mr. Burton
indicated he was not aware of any runway being built for the lodge, and felt the
traffic impact would be greatly reduced by having the workers closer to the
Rocket Launch Facility.
P & Z Minutes: Apri119, 2000
Page 7 of 16
Public hearing closed:
Regular session opened.
COMMISSIONER RAZO felt that the CUP request is a permitted item under the
Pasagshak/Narrow Cape Area Plan, and further felt Mr. Burton was and continues
to be a "good neighbor", and that there is a need for housing in area for workers.
COMMISSIONR STEWART expressed concern with environmental impact on
area, and would like the request be for a two year period only.
COMMISSONER STEWART MOVED TO AMEND condition of approval #1
to read as:
1) This conditional use permit is issued for a maximum of seventy-six
(76) occupants and will return to the Commission for review in two
(2) years with intent of approval for five (5) years (by April 19,
2005.
COMMISSIONER RAZO felt that if CUP was approved for only two years then
effectively it would not be feasible for the applicant.
COMMISSIONER STEWART withdrew his amended motion.
COMMISSIONER LINDSEY expressed that the set up of facility would be in
control of Mr. Burton's hands, and since Mr. Burton had demonstrated his ability
to be a good steward of the land for all to see therefore Mr. Burton would be the
first impacted if any negative impact would occur.
The question was called and the motion CARRIED by unanimous roll call vote.
D) Case 00-003. Request for a variance, in accordance with KIBC Section
17.57.080.H.1. Parking Spaces and Dimensions, to permit twenty (20) foot wide
aisle widths instead of the required twenty-four (24) foot widths for the required
party on Tract 18-A, ATS 49. 800 Marine Way East.
BOB SCHOLZE indicated twenty-nine (29) public hearing notices were mailed
for this case. Staff further reported that this request meets all the conditions
necessary, as reflected in the "Findings of Fact" for a variance to be granted under
Chapter 17.66 (Variance) of the Borough Code. Staff also recommended that the
deadline for completion of required parking improvements on Tract 18A be
extended as appropriate and as specified in Motion #2. It was further
recommended that a condition of approval be added requiring that the two (2)
pipe supports adjacent to the newer (northerly) cannery building, near the entrance
P & Z Minutes: April 19, 2000
Page 8 of 16
to the upstairs offices, which creates a bottleneck effectively reducing aisle width
to seventeen (17) feet at that point, be either removed or re-engineered to achieve
at ground level twenty (20) foot unobstructed width for reasonable two-way
vehicle passage. Staff further indicated demolition has not started to date. Staff
recommended approval of the request subject to two (2) conditions of approval.
COMMISSIONER RAZO MOVED TO GRANT a variance, in accordance with
KIBe Section 17.57.080.H.I--Parking Spaces and Dimensions, to permit twenty
(20) foot wide aisle widths instead of the required twenty-four (24) foot widths on
Tract 18A, ATS 49, subject to the condition of approval contained in the staff
report dated April 11, 2000, and to adopt the findings in that staff report as
"Findings of Fact" for this case.
CONDITION OF APPROV AL
1. The ten (10) on-site parking spaces being developed in conjunction with
recent construction and this variance request, as identified on the site plan
dated April 10, 2000, must conform with the parking development
standards ofKIBC 17.57.080.
2. The two (2) pipe supports adjacent to the newer (northerly) cannery
building near the entrance to the upstairs offices (ref. to photos #1 and #2),
which create a bottleneck effectively reducing aisle width to seventeen
(17) feet at that point, be either removed or reengineered to achieve at
ground level twenty (20) foot unobstructed width for reasonable two-way
vehicle passage.
FINDINGS OF FACT
17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the
property or intended use of development. which generally do not apply to other
properties in the same land use district.
Seafood processing on Tract 18A is an established, historical use which, typical of
most processing plants along Kodiak's waterfront, developed over a number of
years without adequate parking. Parking is "grandfathered" since current code
requirements for number of parking spaces and related parking development
standards are not satisfied. Structural development covers most of the property,
leaving only a minimal area for vehicles. The historical on-site parking
deficiency will be improved by the six (6) parking spaces required to replace
"grandfathered" parking eliminated by new construction and four (4) parking
spaces required for new construction, all of which will conform to parking area
development standards with the exception, as requested here, of aisle width.
P & Z Minutes: Apri119, 2000
Page 9 of 16
17.66.050 A2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
Without this variance, new construction to upgrade plant operations, include
safety features related to ammonia refrigeration, would not be possible. Nor
would on-site parking improvements be possible creating ten (10) spaces
substantially conforming with parking area development standards in areas made
available by demolition of old structures. Seafood processing on this marine
industrial tract would not be economically viable without these improvements.
17.66.050 A.3. The granting of the variance will not result in material damages or
prejudice to other properties in the vicinity nor be detrimental to the public's
health. safety and welfare.
While construction activity related to renewed processing operations has disrupted
residential life in the nearby neighborhood, that disruption is diminishing as
construction winds down. In the long term, granting this variance request should
result in a better parking and traffic situation since more parking spaces
conforming to parking area development standards will be available when
demolition of old structures is completed. The applicant has also undertaken
measures voluntarily to mitigate negative parking and traffic impacts such as in-
house enforcement of street parking, cooperative parking arrangement with a
neighboring plant with excess space, and possibility of bussing workers from the
ferry dock.
17.66.050 A.4. The granting of the variance will not be contrary to the objectives
of the Comprehensive Plan.
The 1968 Borough Comprehensive Plan designated this area as light industrial.
The granting of the variance will not be contrary to the plan's objectives.
17.66.050 AS. That actions of the applicant did not cause special conditions or
financial hardship from which relief is being sought by the variance.
The location of existing buildings and an electrical transformer dictates aisle
width to access the newly created parking area made available by demolition of an
old cannery building. The applicant is dealing with the constraints of a long
established industrial tract substantially covered by structures, development issues
which were decided 20-30 years ago. Current efforts should improve the parking
situation on the property.
17.66.050 A6. That the granting of the variance will not permit a prohibited land
use in the district involved.
Seafood processing is a permitted use in the I-Industrial zoning district.
P & Z Minutes: April 19, 2000
Page 10 of 16
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Walter Johnson-Concerned citizen: Mr. Johnson was opposed to any extension of
deadline until applicant has cleaned up area and can provide adequate parking for
building. Mr. Johnson encouraged the commission to set a definite deadline for
parking compliance before allowing approval of the variance.
Anne Ka1cic-Property owner: Ms. Ka1cic requested that the commission pick a
date seriously for parking to be provided. Ms. Ka1cic expressed concern that
building has not been torn down to provide the parking needed. She further
suggested that part of the parking problem for the neighbors would be solved with
the applicant providing transportation by bus for the workers.
COMMISSIONER LINDSEY questioned Ms. Kalcic on what she thought was an
adequate time frame, considering the allowances that have been granted? Ms.
Kalcic responded by encouraging the commission to picking a date and adhere to
it.
CHAIR SELIG questioned Ms. Kalcic on her thoughts of the road entrance and
exiting of Tagura Road and her participation when the City presented a plan for
that area. Ms. Ka1cic replied that Global uses half of the road itself, half of the
right-of-way to park their vehicles, and expressed that the applicant has not been a
good neighbor to any of the residents in the area.
Gerald Ensley. Manager. Global Seafoods: Mr. Ensley clarified that the common
wall does not belong to ISA but to Global Seafoods. Mr. Ensley concurred with
conditions but encouraged the commission to decide on a deadline date, and by
attorney request, Mr. Ensley requested a 60 day extension but would be willing to
live with whatever time the commission decided upon. Mr. Ensley informed the
commission that at his expense he would have the driveway columns redesigned
to that they can be removed, and that this would be done within a week.
Lacey Berns-Neighborhood resident: Ms. Berns expressed that her lot has been
the most impacted in terms ofthe parking overflow from the processing plant, and
the noise during the night from workers leaving the plant. Ms. Berns requested
that a short term solution be done such as workers parking their cars downtown
and walking to the plant.
Public hearing closed:
Regular session opened:
P & Z Minutes: April 19, 2000
Page 11 of 16
The question was called and the motion CARRIED by roll call vote.
Commissioner Himes voted "no".
COMMISSIONER BELL MOVED TO FORMALLY ESTABLISH an
extended deadline of June 15, 2000 for completion of the ten (10) required
parking spaces on Tract 18A according to the parking plan updated on April 19,
2000, or to otherwise satisfy this parking requirement as prescribed by code. This
motion is made with the applicant's understanding that failure to install this
required parking on by June 15, 2000, consistent with all applicable parking
development standards, will result in immediate zoning enforcement action
through the Borough attorney.
The motion was SECONDED by COMMISSIONER STEWART.
Mr. Ensley suggested and asked the commission to change the June 15 deadline
date to June 1. Mr. Ensley said that he would guarantee the he would hire one
extra person to patrol the parking situation per shift, with that person's job
designation to keep the parking in line.
COMMISSIONER BELL MOVED TO AMEND MOTION NUMBER TWO
to establish an extended deadline of 6-1 instead of 6-15-00.
The amended motion was SECONDED by COMMISSIONER STEWART.
The question was called and the amended motion number two CARRIED by roll
call vote. Commissioner Oswalt, Commissioner Lindsey, and Commissioner
Himes voted "no".
Chair Selig declared a recess at 9:10 p.m.
Called back to order at 9:20 p.m.
VII. OLD BUSINESS
A) Case SOO-003. Request for Planning and Zoning Commission review, in
accordance with KIBC Section 17.21.050.C. Screening, of proposed screening
between the business use on Lot 4, Alagnak Acres, and the residential district on
Lot 3, Alagnak Acres. 173 Island Lake Road.
BOB SCHOLZE reported that screening is for in between the residential lots and
the business use adjacent. Fencing would be done at time of the sale ofthe lot or
when construction begins on the lots. Staff recommended approval of the
proposed screening.
P & Z Minutes: April 19, 2000
Page 12 of16
COMMISSIONER HIMES MOVED TO APPROVE the proposed screening
plan dated February 25, 2000, as adequate screening according to KIBC Section
17.21.050.C. Screening, between Lot 3 (Lots 3A - 3E) and Lot 4, Alagnak Acres.
The motion was SECONDED by COMMISSIONER STEWART.
The questioned was called and the motion CARRIED by unanimous roll call
vote.
B) Case S96-021. Request for a five (5) year extension (until September, 2005) of
preliminary approval of the subdivision of U.S. Survey 2897, creating Lots 1-25,
McCord Ranch Subdivision. Generally located on Sitkalidak Island.
Staff recommended that the Commission grant the five (5) year extension of
preliminary plat approval for Case S96-021, and confirm the ten (10) original
conditions of approval.
COMMISSIONER LINDSEY MOVED TO GRANT a five (5) year extension
(until September, 2005) of preliminary plat approval for Case S96-021, and to
confirm the ten (10) original conditions of approval.
CONDITIONS OF APPROVAL
1.A. Documentation that the proposed lots can meet ADEC requirements for
water and wastewater disposal as required by KIBC Section 16.70.020.B.
1.B A site visit to the property has confirmed that each lot provides a usable
and accessible building site as required by KIBC Section 16.40.050.A.
with the addition of the following easements:
1.
A twenty (20) foot wide, 450 foot long access easement centered
on the lot line between Lots 16 and 17, for the benefit of these lots.
11.
A twenty (20) foot wide, 400 foot long (from tide water) access
easement, adjacent to Lot 14 on Lot 2, for the benefit of Lot 14.
111.
A twenty (20) foot wide, approximately 800 foot long access
easement following the sidehill slope, to be field located, across
Lots 9 and 10, for the benefit of Lots 9, 10, and 11.
IV.
Field locate the most appropriate location for the fifty (50) foot
wide, private road easement, from tide water, across Lot 2. This is
the primary access for all lots in the subdivision.
P & Z Minutes: April 19,2000
Page 13 of 16
2. Obtain a letter of jurisdiction from the Corps of Engineers as to the extent
of regulated wetlands located on the property, as required by KIBC
Section 16.70.020.A.5.
3. Provide appropriate deeds and written agreements and covenants to meet
the requirements ofKIBC Section 16.40.080 (private roads).
4. Place a note on the plat that natural water courses shall not be blocked or
impeded as required by KIBC Section 16.70.020.A.5. And that further, in
order to protect these water courses, as important drainage features and
sources of potable water, place a note on the plat stating; "In the course of
developing individual lots in this subdivision, naturally occurring ponds,
wetlands and drainage courses shall not be filled or excavated. Driveways
crossing these natural features shall minimize the impact to these
features. "
5. Document that each lot has access to an adequate amount of potable water
for domestic purposes as required by KIBC Section 16.70.020.B.
6. This subdivision is exempt from the street improvements required in
KIBC Chapter 16.70 prior to filing since the lots have little probability of
connection to an existing road system (per KIBC Section 16.70.020.C).
However, when road improvements are made they shall meet the
requirements of private roads as required by KIBC Section 16.80.030.C.
7. Obtain documentation from BLM as to the public access status of the
wagon road shown on the original U.S. Survey of this property. In the
event it is determined that the public has a right of access along this road,
it shall be noted on the plat, as provided by KIBC Section 16.40.070.
8. The two (2) double frontage lots created by this subdivision are allowed as
a result of the topography of the site, per KIBC Section 16.40.050.B.2, as
the historical travelways located on the property have resulted from this
topography.
9. Prior to final plat approval, revise the subdivision to ensure that all the lots
created are a minimum of two hundred fifty (250) feet wide and a
minimum of five (5) acres in area, exclusive of private road and access
easements; and reduce the width of the one hundred (100) foot wide
private road easement to fifty (50) feet.
10. This subdivision shall be returned to the Planning and Zoning
Commission for final design review prior to final approval, per KIBC
16.50.010.B.
P & Z Minutes: Apri119, 2000 Page 14 of 16
The motion was SECONDED by COMMISSIONER HIMES.
The question was called and the motion CARRIED by unanimous roll call vote.
VIII. NEW BUSINESS
There was no new business.
VIII. COMMUNICATIONS
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE RECEIPT of items A
through C of communications. The motion was SECONDED by COMMISSIONER
STEWART and CARRIED by unanimous voice vote.
A) Letter dated March 20, 2000 to Gerald Ensley, Global Seafoods Kodiak LLC,
from Bob Scholze, Associate Planner, regarding parking determination: zoning
compliance permits CZ-99-042 and CZ-99-044 Tideland Tract 18A located at 800
Marine Way East.
B) Letter dated March 21, 2000 to Iver Malutin, from Eileen Probasco, Assistant
Planner, regarding a mobile home and shed setback violation on Lot 1E, U.S.
Survey 3264 located at 4157 Shoreline Circle.
C) Letter dated April 3, 2000 to T. Michael Sweeney, from Eileen Probasco,
Assistant Planner, regarding an alleged duplex on Lot 5, Block 1, Island Lake
Subdivision located at 3217 Arctic Tern.
There were no further communications.
x. REPORTS
BOB SCHOLZE reported the following:
April 26th=Worksession/Initial scoping meeting of the Womens Bay Area Plan and
proposed revisions to the C-Conservation zoning district.
COMMISSIONER HIMES 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.
P & Z Minutes: April 19,2000
Page 15 of 16
XII. COMMISSIONERS' COMMENTS
COMMISSIONER BELL noted that she would be out of town for the April 26th
worksession.
COMMISSIONER RAZO encouraged public participation for April 26th worksession to
discuss the Womens Bay Area Plan.
CHAIR SELIG reported that spoke with the City Manager on the road condition status of
Tagura Road.
COMMISSIONER HIMES welcomed Mr. Oswalt to the commission.
COMMISSIONER STEWART expressed concern about safety issues of height
limitations on the new Blockbuster video store. Staff noted that review was done when
Zoning Compliance permit was issued, and at that point applicant was informed that
building height limitation is 25 feet in that area. Building will only be 24 feet when
completed.
XIII. ADJOURNMENT
CHAIR SELIG requested motion to adjourn.
COMMISSIONER STEWART MOVED TO ADJOURN the meeting. The
motion was SECONDED by COMMISSIONER HIMES, and CARRIED by
unanimous voice vote.
The meeting adjourned at 9:38 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
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//Commu~ Development Department
DATE APPROVED: May 17,2000.
P & Z Minutes: Apri119, 2000
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