2001-03-21 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING -MARCH 21,2001
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 SELIG on March 21,2001 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Robert Lindsey
Walter Stewart
Tim Ward
Clarence Selig-Chair
Duane Dvorak, Director
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
A quorum was established.
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Commissioners not present
Donna Bell-Not Excused
Bob Himes-Excused
Reed Oswalt-Excused
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III. APPROVAL OF AGENDA
KODIAK !SLf\~m BOROIJGH
OFF1Cl:. OF 1i iE iJJROCGH CLERK
COMMISSIONER STEWART MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIOENR WARD, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER STEWART MOVED TO ACCEPT the minutes of January 17,2001
Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
P & Z Minutes: March 21, 2001
Page 1 of 19
VI. PUBLIC HEARINGS
A) Case SOl-003. Request for preliminary approval for the vacation of a twenty (20)
foot wide water easement across a portion of Tract A-1B, U.S. Survey 1671,
Sunny Cove. Spruce Island.
STAFF indicated forty-one (41) public hearing notices were distributed for this
case with one (1) against and one (1) in favor of request. Staff recommended that
action on this request be postponed until the regular April 18, 2001 meeting, as
requested by the applicant.
COMMISSIONER WARD MOVED TO POSTPONE action on Case SOl-003,
and reschedule it for public hearing at the regular April 18, 2001 Commission
meeting.
The motion was SECONDED by COMMISSIONER STEWART.
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 SOl-004. Request for preliminary approval of the subdivision of Tract B
(portion) and Tract B-1, U.S. Survey 4793, creating Tract B1-A, Tract B1-B, and
Tract B1-C, U.S. Survey 4793 (within Section 20, Township 34 South, Range 25
West, Seward Meridian). City of Old Harbor.
STAFF indicated sixty-three (63) public hearing notices were distributed for this
case with none being returned. Staff believed that request is consistent with the
adopted Borough plans for this area. Staff recommended approval of request.
COMMISSIONER LINDSEY MOVED TO GRANT preliminary approval to the
subdivision of Tract B, U. S. Survey 4793 (portion) and Tract B-1, U.S. Survey
4793, creating Tract B1-A, Tract B1-B, and Tract B1-C, U.S. Survey 4793
(within Section 20, Township 34 South, Range 25 West, Seward Meridian), and
to adopt the findings in the staff report dated February 28, 2001 as "Findings of
Fact" for this case.
P & Z Minutes: March 21, 2001
Page 2 of 19
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 the proposed rezone to I-Industrial, 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:
Steven Stassel, Project P.E.: Mr. Stassel presented a brief overview of project and
emergency spill response plan for project.
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 01-010. Request for a conditional use permit, in accordance with KIB Code
Section 17.13.040 F. (Conditional uses) to permit non-recreational mineral
extraction activity (placer mining) and related structures within portions of
Sections 3, 8, 9, 10, 17, 19, and 20, Township 42 South, Range 31 West, Seward
Meridian. Southeast area of Sitkinak Island.
STAFF indicated that further research is required in order to sort out what
apparently are conflicting mining claims in this area. The applicant has been
informed that, for this reason, postponement will be recommended until this issue
can be resolved. The applicant has agreed. Staff recommends that action on this
case be postponed until the April 2001 regular Commission meeting.
COMMISSIONER STEWART MOVED TO POSTPONE action on this case
until the April 2001 regular meeting.
The motion was SECONDED by COMMISSIONER LINDSEY.
Regular session closed.
P & Z Minutes: March 21, 2001
Page 3 of 19
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.
D) Case 01-011. Request for a variance, in accordance with KIB Code Section
17.17.050 A.I. (Front yard), to permit the addition of an accessory building to
encroach eight (8) feet into the required twenty-five (25) foot front yard setback
located on Lot lOA, U.S. Survey 3103. 3355 Peninsula Drive.
STAFF recommended that action on this request be postponed until the regular
April 18, 2001 meeting.
COMMISSIONER WARD MOVED TO POSTPONE action on Case 01-011,
and reschedule it for public hearing at the regular April 18, 2001 Commission
meeting.
The motion was SECONDED by COMMISSIONER STEWART.
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 01-012. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of initiation), of portions of Tract B, U.S. Survey 4793 and
Tract B-1, U.S. Survey 4793 (proposed Tract BI-A) from RI-Single Family
Residential to I-Industrial; and a portion of Tract B, U.S. Survey 4793
(proposed Tract BI-B) from B-Business and RI-Single Family Residential to 1-
Industrial. Generally along Mountain View Road, City of Old Harbor.
STAFF indicated that sixty-three (63) public hearing notices were distributed with
none being returned. Staff reported that this rezone request in Old Harbor is being
made in conjunction with the bulk fuel storage consolidation and upgrade project,
undertaken jointly by the City of Old Harbor and the Alaska Village Energy
Cooperative (AVEC). Staff recommended that the Commission forward this
P & Z Minutes: March 21, 2001
Page 4 of 19
rezone request to the Kodiak Island Borough Assembly with a recommendation
that it be approved.
COMMISSIONER LINDSEY MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of a portion of Tract B, U.S.
Survey 4793 and a portion of Tract B-1, U.S. Survey 4793 (proposed Tract BI-A)
from RI-Single Family Residential to I-Industrial; and a portion of Tract B,
U.S. Survey 4793 (proposed Tract B-IB) from B-Business and RI-Single
Family Residential to I-Industrial, and to adopt the "Findings of Fact" in the
staff report dated February 28,2000 in support of this recommendation.
FINDINGS OF FACTS
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
The land is very suited for this industrial use since it is located near the shoreline
across from the small boat harbor. There is also good access along Mountain
View Road to the ocean dock for transportation and utility corridor.
This rezone and accompanying replat would not only bring into conformity the
existing bulk fuel storage use at this site, but would also allow for development
that would remedy several fire and building code deficiencies and violations at the
existing tank farm. Consolidation of the tank farm site would be cost-effective by
allowing both facilities to be served by common fuel pipelines, reducing not only
construction costs, but also the cost of fuel as well as long-term operation and
maintenance expenses. A geotechnical survey has determined the suitability of
the site for this industrial use.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
The 1989 Old Harbor Comprehensive Plan states: "Future industrial development
should be located near the shoreline of old town where the best marine
transportation access is located. This includes the ocean dock area and the small
boat harbor." (Page 86). The proposed rezone is in conformance with this. It
would also be consistent with the "mixed use" designation contained in the land
use plan in the Comprehensive Plan.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
P & Z Minutes: March 21, 2001
Page 5 of 19
Steven Stassel, Project P.E.: Mr. Stassel was present for any questions or
comments.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
F) Case 01-013. Request for a conditional use permit, in accordance with KlB Code
Section 17.24.020 F. (Conditional uses), to permit a petroleum bulk fuel tank farm
to be located on a portion of Tract B and Tract B-1, U.S. Survey 4793 (proposed
Tracts B1-A and B1-B, U. S. Survey 4793). Generally along Mountain View
Road, City of Old Harbor.
STAFF indicated sixty-three (63) public hearing notices were distributed for this
request with none being returned. Staff reported that the conditional use permit is
being requested in conjunction with an accompanying replat (Case SOl-004) and
rezone (Case 01-012) for the bulk fuel storage consolidation and upgrade project,
undertaken jointly by the City of Old Harbor and the Alaska Village Energy
Cooperative (AVEC). The CUP will apply to Tracts B1-A and B1-B. Staff
believed that this 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.
COMMISSIONER STEWART MOVED TO GRANT a request for a conditional
use permit in accordance with Section 17.24.020 F. (Conditional uses) of Borough
code, to permit a petroleum bulk fuel tank farm to be located on a portion of Tract
B and Tract B-1, U.S. Survey 4793 (proposed Tracts B1-A and B1-B, U. S.
Survey 4793); subject to the conditions of approval contained in the staff report
dated March 9, 2001; and to adopt the findings contained in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. This CUP is contingent on recording of the associated subdivision (Case
SOl-004) creating Tracts B1-A and B1-B, U.S. Survey 4793, and on
approval by the Assembly and adoption by ordinance of the associated
rezone (Case 01-012) of Tracts B1-A and B1-B those tracts to the 1-
Industrial zoning district.
2. All stipulations required as part of coastal zone consistency review and
approval are incorporated as conditions of approval for this CUP.
P & Z Minutes: March 21, 2001 Page 6 of 19
3. The bulk fuel storage facilities on proposed Tracts B I-A and B 1- B must
comply with current code and regulatory requirements of the Uniform Fire
Code, National Electric Code, Environmental Protection Agency Spill
Prevention Requirements, Coast Guard Spill Prevention Requirements,
and other applicable Uniform Building Code requirements.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and
integrity of the surrounding area.
This CUP will preserve the value, spirit, character and integrity ofthe surrounding
area, which is located well away from residential districts in an area characterized
by commercial structures. In addition, this use on this site is consistent with the
1989 Old Harbor Comprehensive Plan, which specifically designated this area
along the shoreline of Old Town near the small boat harbor for future industrial
use (page 86).
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
Conditions of approval requiring coastal zone consistency as well as compliance
with other regulatory requirements will ensure that the conditional use will be
compatible with the surrounding area. According to the project narrative, the
design also incorporates proven methods and materials that have been used
successfully on other rural bulk fuel facilities in similar remote locations and
climates.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health, safety, convenience and comfort.
With controls and safeguards applied to ensure compliance with Uniform Fire
Code, National Electric Code, Environmental Protection Agency Spill Prevention
Requirements, Coast Guard Spill Prevention Requirements, and other applicable
Uniform Building Code requirements, the granting of the CUP will not be
harmful to the public health, safety, convenience and comfort.
17.67.05 D. That sufficient setbacks, lot area, buffers or other saf~uards are
bemg provIded to meet the condItIOns lIsted in subsectIOns A throug C of thIS
section.
With rezone, these tracts will comply with the minimum lot area requirement of
20,000 square feet for the I-Industrial zoning district. Minimum setback
requirements of at least twenty (20) feet from lot line will apply to structural
P & Z Minutes: March 21, 2001
Page 7 of 19
development. Other safeguards provided include the site's distance from the
community's core residential neighborhoods, and buffering provided by natural
topography and vegetation. A geotechnical survey has determined the suitability
of the site for this industrial use
17.67.05 E. If the permit is for a public use or structure, the commission must
find that the proposed use or structure is located in a manner which will maximize
public benefits.
This project is the result of an extensive review of community infrastructure needs
in Old Harbor, with input and involvement from the community, City Council,
and electric utility. The project provides the community with a permanent
solution to its fuel storage and dispensing needs, allows AVEC and the City to
share a fuel pipeline from the City's dock, and provides improvements to the Old
Harbor school and AVEC power plant fuel storage systems. This development
will remedy several fire and building code deficiencies and violations at the
existing tank farm. Consolidation of the tank farm site will be cost-effective by
allowing both facilities to be served by common fuel pipelines, reducing not only
construction costs, but also the cost of fuel as well as long-term operation and
maintenance expenses
The motion was SECONDED by COMMISSIONER LINDSEY.
Regular session closed.
Public hearing opened:
Steven Stassel, Project P.E.: Mr. Stassel was present for any questions or
comments. Discussion was held.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
Recessed at 8:03 p.m.
Called back to order at 8:07 p.m.
G) Case 01-014. Request for a rezone, in accordance with KlB Code Section
17.72.030 C. (Manner of initiation), of the portion of Tract E, U.S. Survey 4793
described as OH-LEASE-l, consisting of 40,609 square feet, from R1-Single
Family Residential to B-Business. Generally along Elderberry Street, City of
Old Harbor.
P & Z Minutes: March 21, 2001
Page 8 of 19
STAFF indicated sixty-four (64) public hearing notices were distributed for this
request with one (1) expressing no objection. Staff reported that this request is for
rezone from the R1-Single Family Residential zoning district to the B-Business
zoning district of a 40,000 square foot lease tract (Tract OH-LEASE-1) located on
Elderberry Street in the new town section of Old Harbor. This large commercial
lot leased from the City of Old Harbor is the site of a recently constructed auto
repair shop. The City has identified it as the appropriate site for a new gasoline
dispensing facility to be constructed in conjunction with the bulk fuel construction
and consolidation project (Subdivision Case SOl-004, Rezone Case 01-012, and
CUP Case 01-013) near the boat harbor scheduled to be underway this summer.
Staff recommended that the Commission forward this rezone request to the
Kodiak Island Borough Assembly with a recommendation that it be approved.
COMMISSIONER STEWART MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of the portion of Tract E, U.S.
Survey 4793 described as OH-LEASE-1, consisting of 40,609 square feet, from
Rl Single family Residential to B-Business, and to adopt the "Findings of Fact"
in the staff report dated March 9, 2001 in support of this recommendation.
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
This tract is located near an emerging residential area in New Town, midway
between the dock and boat harbor and the new airport. This is the site of an
existing auto repair/service station on a City lease tract. The City has determined
that this is a suitable site for dispensing fuel, offering maximum flexibility when
considering possible future gas station sites and/or management options. That
should reasonably serve as a guiding principle in local land use decisions. This
rezone could also serve and the first step in an expanded, more comprehensive
rezone to an appropriate commercial/service zoning district in an area that has
seen the emergence of other business on City lease tracts in recent years.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
Rezoning to B-Business would be consistent with the 1989 Old Harbor
Comprehensive Plan designation of mixed use for this area.
The motion was SECONDED by COMMISSIONER LINDSEY.
Regular session closed.
Public hearing opened:
P & Z Minutes: March 21, 2001
Page 9 of 19
Steven Stassel, Project P.E.: Mr. Stassel was present for any questions or
comments. Discussion was held.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
H) Case 01-015. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of initiation), of Lots 1,2, and a portion of Lot 6, Block 1,
Tract A, Bells Flats Alaska Subdivision (proposed Lots 1-5, Sargent Creek
Subdivision) from PL-Public Use Lands to RR1-Rural Residential One. 709,
597, and 665 Sargent Creek Road.
STAFF indicated that one hundred seventy-seven (177) public hearing notices
were distributed with one (1) returned expressing opposition to request. Staff
reported that the Kodiak Island Borough Assembly approved the property for
disposal. When land is determined to be surplus to the public's need, it is
appropriate to rezone the land to a zoning district that allows uses and structures
that are consistent with the comprehensive plan designation for the area and which
will be compatible with existing development. The RRI-Rural Residential One
zoning district permits uses and structures that are generally consistent with the
residential designation set forth in the Womens Bay comprehensive plan. The
PL-Public Use Land zoning district is intended for government owned land. The
PL zone allows a wide range of uses and structures, some of which may not be
compatible with private land ownership. The proposed lots average just over
50,000 square feet of area and are served by an existing paved road. Electrical
service is also available within the road right-of-way. The size and configuration
of the proposed lots are comparable to existing RRI-Rural Residential One zoned
lots in the surrounding area. Staff recommended that the Commission forward
this rezone request to the Kodiak Island Borough Assembly with a
recommendation that it be approved.
COMMISSIONER WARD MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of Lots 1, 2 and a portion of Lot 6,
Block 1, Bells Flats Subdivision (proposed Lots 1 through 5, Sargent Creek
Subdivision), as identified on the preliminary plat dated December 5, 2000, from
PL-Public Use Land to RR1-Rural Residential One, subject to one (1)
condition of approval, and to adopt the "Findings of Fact" in the staff report dated
March 13,2001 in support of this recommendation.
P & Z Minutes: March 21, 2001
Page 10 of 19
CONDITION OF APPROVAL
1. The exterior boundary of the rezone area, as described on the preliminary
plat dated December 5, 2000, shall be platted prior to this rezone
becoming effective.
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from PL-Public Use Land to RRI-Rural Residential One is needed to
allow for the future disposal of the rezone area. This land was designated surplus
to the public's need by the Kodiak Island Borough Assembly (Resolution 2001-
02). The RRI-Rural Residential One zoning district permits uses and structures
that are consistent with the predominant land use designation in the 1982 Womens
Bay Comprehensive Plan and which are compatible with existing residential
developments in the surrounding area. The PL-Public Use Land zoning district is
intended only for lands that are publicly owned and the district is not compatible
with private land ownership.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
The proposed rezone area was previously designated part of a School Reserve for
the Womens Bay Community. This was prior to the improvements made to
Peterson Elementary School near the U.S. Coast Guard Base. State of Alaska
Standards require a 10 acre minimum area for elementary schools. The remaining
School Reserve after this rezone will be 12 acres. The 1982 Womens Bay
Comprehensive Plan is generic in nature. Those lands, which are not designated
for Commercial, Industrial or Public use, are intended to be used for Rural
Residential purposes.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
James Rippey, Property owner: Mr. Rippey was in favor of the rezone.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
P & Z Minutes: March 21,2001
Page II of 19
The question was called, and the motion CARRIED by unanimous roll call vote.
I) Case 01-016. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of initiation), a portion of Tract G and Tract H (proposed
Tract H-1, Bells Flats Alaska Subdivision, compromising of approximately 5
acres according to the map dated March 13,2001), Bells Flats Alaska Subdivision
from PL-Public Use Lands to RR1-Rural Residential One. 10986 Chiniak
Drive and 11629 Kalsin Drive.
STAFF indicated that one hundred seventy-seven (177) public hearing notices
were distributed for this case. Staff reported that this case is related to the recent
determination by the Kodiak Island Borough Assembly to declare this property
surplus to the public's need. The 1982 Womens Bay Comprehensive Plan
designates all land not designated for Commercial, Industrial or Public purposes
to be Rural Residential in nature. The RR1-Rural Residential One zoning district
permits uses and structures that are consistent with the Rural Residential plan
designation. The PL-Public Use Land zoning district is intended for land that is
government owned and it permits a wide range of uses, most of which are not
compatible with private land ownership. Existing Borough roads and electrical
service serve proposed Tract H-l. On-site water and septic systems will be
required within the rezone area. A replat of the existing tracts will be required to
protect the pond drainage from proposed Tract G-1, which will be maintained in
Borough ownership, and to provide for future road improvements at the
intersection of Chiniak and Middle Bay Drives. Staff recommended that the
Commission forward this rezone request to the Kodiak Island Borough Assembly
with a recommendation that it be approved.
COMMISSIONER STEWART MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of Tract H and a portion of Tract
G (proposed Tract H-1, Bells Flats Alaska Subdivision, compromising of
approximately 5 acres, according to the map dated March 13, 2001), Bells Flats
Alaska Subdivision from PL-Public Use Lands to RR1-Rural Residential One,
subject to one (1) condition of approval, and to adopt the "Findings of Fact" in the
staff report dated March 13,2001 in support of this recommendation.
CONDITION OF APPROV AL
1. The exterior boundary of the rezone area, as described on the map dated
March 13,2001, shall be platted prior to this rezone becoming effective.
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
P & Z Minutes: March 21, 2001
Page 12of19
A rezone from PL-Public Use Land to RRI-Rural Residential One is needed to
allow for the future disposal of the rezone area. This land was designated surplus
to the public's need by the Kodiak Island Borough Assembly (Resolution 2001-
02). The RRI-Rural Residential One zoning district permits uses and structures
that are consistent with the predominant land use designation in the 1982 Womens
Bay Comprehensive Plan and which are compatible with existing residential
developments in the surrounding area. The PL-Public Use Land zoning district is
intended only for lands that are publicly owned and the district is not compatible
with private land ownership.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives ofthe Comprehensive Plan.
The proposed rezone area was a former military barracks site that is currently
undergoing remediation by the U.S. Army Corps of Engineers. The tract was not
designated for any particular use and was zoned PL-Public Use Lands because the
land was owned by the Kodiak Island Borough. The 1982 Womens Bay
Comprehensive Plan is generic in nature. Those lands, which are not designated
for Commercial, Industrial or Public use, are intended to be used for Rural
Residential Purposes. Because the Kodiak Island Borough Assembly has
determined this rezone area is surplus to the public's need, the PL zoning for
government owned land is no longer appropriate and the land should be zoned
appropriate for private ownership and eventual development.
The motion was SECONDED by COMMISSIONER LINDSEY.
Regular session closed.
Public hearing opened:
John Isadore, property owner: Mr. Isadore expressed opposition to the rezone
request.
David Rittenhouse, property owner: Mr. Rittenhouse expressed opposition to the
rezone request.
Doug Bunting, concerned citizen: Mr. Bunting supported rezone request and
supported any decisions the Borough might make to sell more lots in the Womens
Bay area.
James Rippey, property owner: Mr. Rippey supported the rezone request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
P & Z Minutes: March 21, 2001
Page 13 of19
The question was called, and the motion FAILED by roll call vote.
COMMISSIOENR SELIG voted "yes".
COMMISSIONER STEWART MOVED TO POSTPONE adoption of
"Findings of Fact" for denial until the April, 2001 regular meeting.
The motion was SECONDED by COMMISSIONER LINDSEY.
The question was called, and the motion CARRIED by unanimous roll call vote.
J) Case 01-017. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of initiation), of the rear fifty (50) foot portion of Lot 7,
Block 1, Lakeside Subdivision and the adjacent Beaver Lake Drive right-of-way
extension (extension of greenbelt) from R2- Two Family Residential to PL-
Public Use Lands. 2050 SeliefLane.
STAFF indicated that twenty-three (23) public hearing notices were distributed
for this case with none being returned. Staff reported that the proposed rezone
area consisting of the rearmost 50 ft. wide strip of Lot 7 and of the adjacent
Beaver Lake Drive Right of Way totals 12,272 square feet. This would continue
the buffer between the Municipal Airport and residential use consistent with the
intent of Plat 86-35 and the 1997 Lakeside Safeway Subarea Plan Revision. In
conjunction with a proposed subdivision of Lot 7 to create lots for potential
disposal at Borough land sale, the fifty (50) foot wide portion that is the subject of
this rezone request should be incorporated with Lot 10, the existing greenbelt tract
to create Lot lOA, Block 2, Lakeside Subdivision. Staff recommended that the
Commission forward this rezone request to the Kodiak Island Borough Assembly
with a recommendation that it be approved.
COMMISSIONER WARD MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning ofthe rear fifty (50) foot portions of Lot
7, Block 1, Lakeside Subdivision and of the Beaver Lake Drive right-of-way
extension, where adjacent to Tract B of U.S Survey 3468 (Municipal Airport) as
indicated on the map dated March 21, 2001, from R2-Two Family Residential
to PL-Public Use Lands; subject to one (1) condition of approval and to adopt
the "Findings of Fact" in the supplemental memorandum dated March 21,2001 in
support of this recommendation.
CONDITION OF APPROVAL
1. The exterior boundary of the rezone area, as described on the map dated
March 21,2001, shall be platted prior to this rezone becoming effective.
P & Z Minutes: March 21, 2001 Page 14 of 19
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
Lot 7 has already been rezoned to R2 consistent with the 1997 Lakeside
Subdivision/Safeway Subarea Plan. The prevailing use in the area is single family
residential. Rezone of the rear fifty (50) foot width of Lot 7 to PL-Public Use
Lands is appropriate to provide buffering and screening between the emerging
residential use along Selief Lane and the light industrial activity at the adjacent
Municipal Airport. This rezone to PL-Public Use Land to preserve a greenbelt
buffer will have no impact on traffic.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
This rezone would be consistent with the 1997 Lakeside Safeway Subarea Plan
revision, which indicates a greenbelt buffer between the designated medium
density residential along Selief Lane and the light industrial use of Municipal
Airport.
The motion was SECONDED by COMMISSIONER STEWART.
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.
K) Case 01-018. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of initiation), of Lot 7 A, Block 4, Monashka Bay Alaska
Subdivision from PL-Public Use Lands to RRI-Rural Residential One. 2800
East Monashka Bay Road.
STAFF recommended that action on this case be postponed until the April, 2001
regular Commission meeting.
COMMISSIONER STEWART MOVED TO POSTPONE action on this case
until the April, 2001 regular meeting.
The motion was SECONDED by COMMISSIONER LINDSEY.
P & Z Minutes: March 21, 2001
Page 15 of 19
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.
Recessed at 9:05 p.m.
Called back to order at 9:10 p.m.
L) Case 01-019. Request for a rezone, in accordance with KIB Code Section
17.72.030 C. (Manner of initiation), of Tract A-I, Kadiak Alaska Subdivision, 1st
Addition from PL-Public Use Lands to R2-Two Family Residential. Generally
located along East RezanofDrive and Sharatin Road.
STAFF recommended that action on this case be postponed until the April, 2001
regular Commission meeting.
COMMISSIONER LINDSEY MOVED TO POSTPONE action on this case
until the April, 2001 regular meeting.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Art Gagne, property owner: Mr. Gagne expressed opposition to the rezone request
due to understanding that when he bought his property adjacent to proposed
rezone area that it would be retained as a greenbelt by the Kodiak Island Borough.
Mr. Gagne further expressed concern with pond going extinct and appropriate
access to rezone request.
Sharon Kennedy, property owner: Ms. Kennedy expressed opposItion to the
rezone request due to also the same information Mr. Gagne received when he
purchased his lot. Ms. Kennedy wanted rezone request area to remain as a
greenbelt to retain old growth timber. Ms. Kennedy expressed concern with the
engineering plans for drainage, and further stated that area does not need
additional R2- Two family residential zoning.
Hearing and seeing none.
Public hearing closed.
P & Z Minutes: March 21, 2001
Page 16 of 19
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
A) Acceptance of letter of resignation dated March 5, 2001 from Commissioner Bob
Himes.
COMMISSIONER STEWART MOVED TO ACCEPT, with regret
COMMISSIONER HIMES resignation from the Planning and Zoning
Commission.
The motion was SECONDED by COMMISSIONER LINDSEY.
The question was called, and the motion CARRIED by unanimous roll call vote.
B) Initiation of rezone investigation of a portion Tract E, U.S. Survey 4793 (Old
Harbor).
COMMISSIONER LINDSEY MOVED TO INITIATE an investigation of a
rezone from R1-Single Family Residential to B-Business of an appropriate
portion Tract E, U.S. Survey 4793 generally located along Elderberry Street in the
City of Old Harbor intended to include recently emerging as well as anticipated
commercial and service uses in that area.
The motion was SECONDED by COMMISSIONER STEWART.
COMMISSIONER WARD MOVED TO AMEND THE MAIN MOTION to
initiate an investigation of an appropriate subdivision and platting, and a rezone
from R1-Single Family Residential to B-Business of an appropriate portion Tract
E, U.S. Survey 4793 generally located along Elderberry Street in the City of Old
Harbor intended to include recently emerging as well as anticipated commercial
and service uses in that area.
The amended motion was SECONDED by COMMISSIONER LINDSEY.
The question was called, and the AMENDED MOTION CARRIED by
unanimous roll call vote.
P & Z Minutes: March 21, 2001
Page 17 of 19
The question was called, and the MAIN MOTION CARRIED by unanimous
roll call vote.
IX. COMMUNICATIONS
A) Letter dated March 9, 2001 to File from Bob Scholze, Associate Planner RE:
updated parking determination for Lot 2A, Block 14, New Kodiak Subdivision
located at 103 Center Street.
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of
item A of Communications. The motion was SECONDED by
COMMISSIONER WARD, and CARRIED by unanimous voice vote.
B) Letter dated March 2,2001 to Mr. and Mrs. William Burton from Duane Dvorak,
Community Development Director RE: Review and interpretation of condition #1
of Case 00-005.
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE RECEIPT of
item B of Communications. The motion was SECONDED and CARRIED by
unanimous voice vote.
X. REPORTS
DIRECTOR DVORAK reported that the appointment of Associate Planner/Enforcement
was given to Martin Lydick formerly from the Assessing Department.
STAFF reported the following meeting schedule:
. April 11 th = Packet review work session at 7:30 p.m. in the Borough conference room.
. April 18th = Regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no further reports.
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED, and CARRIED by unanimous voice vote.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
ALL THE COMMISSIONERS thanked MR. HIMES for all the years that he dedicated to
serve as a Commissioner on the Planning and Zoning Commission.
P & Z Minutes: March 21, 2001
Page 18 of 19
XIII. ADJOURNMENT
CHAIR SELIG requested a motion to adjourn.
COMMISSIONER WARD MOVED TO ADJOURN the regular meeting. The motion
was SECONDED, and CARRIED by unanimous voice vote.
The meeting adjourned at 9:45 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: ~NA df. .~ nM)
Donna Bell, Vice Chair -.....-
ATTEST
//
/'
DATE APPROVED: May 16,2001.
P & Z Minutes: March 21, 2001
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