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2001-01-17 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -JANUARY 17,2001 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 January 17, 2001 in the Borough Assembly Chambers. ll. ROLL CALL Commissioners Present Others Present Duane Dvorak, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Jennifer Smith, Secretary Community Development Dept. Bob Himes Robert Lindsey Walter Stewart Tim Ward Clarence Selig-Chair A quorum was established. Commissioners not present Reed Oswalt-Excused One Vacant Seat Ill. APPROVAL OF AGENDA COMMISSONIER STEWART MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER HIMES, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING Minutes of the December 20, 2000 were not available. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS CHAIR. SELIG introduced ~e new Director # t.he Conul~)?ev~l~pment Department, Duane Dvorak. Drrector Dvorak gave .. bnef summat)" of his background experience. The Commission welcomed Director DV9rak to thrKudi4fsland Borough. I . ~ ! M I T 2002 I cJ.~~.~.r,;7' . . I H':',~ \)~ CHAIR SELIG introduced COMMISSIONER TIM WARD. COMMISSIONER WARD gave a brief summary of his personal experience and history. A) Mr. Tom Warren from the U.S. Department of the Interior, Minerals Management Services, gave a PowerPoint presentation regarding the Outer Continental Shelf (OCS) oil and gas leasing program for 2002-2007. CHAIR SELIG recessed the regular meeting at 7:55 p.m. CHAIR SELIG called the regular meeting back to order at 8:00 p.m. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 01-001. Request for a conditional use permit, in accordance with KIB Code Section -17 .13.040 H. (Conditional use), and a variance, in accordance with KIB Code Section 17.13.070 (Building height limit), to permit a cellular phone communication facility consisting of a one hundred (100') foot high tower and a eight by twenty-two (8' x 22') foot building housing electronic equipment on a portion of U.S. Survey 3945 located near the top of Pillar Mountain within the City of Kodiak. 911 Pillar Mountain Road. BOB SCHOLZE indicated seven (7) public hearing notices were distributed for this case with one (1) being return expressing concern of potential interference from the State of Alaska. Staff believed that 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. Staff recommended approval subject to four (4) conditions of approval. COMMISSIONER HIMES MOVED TO GRANT a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses), to permit a cellular phone installation as a communication facility consisting. of a forty (40) foot high telephone pole, and a five by five (5 x 5) foot and ten by twenty (10 x 20) foot equipment buildings, on a five (5) acre portion of U.S. Survey 3945 located near the top of Pillar Mountain, subject to four (4) conditions of approval contained in the staff report dated January 8, 2001; and to adopt the findings contained in that staffreport as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. -~ ' 2. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural regenerated state. 3. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, at a public hearing, prior to implementation of the changes. 4. Confirmation must be provided from the State Department of Administration, Section of Telecommunications that tower placement of this proposed facility does not negatively impact planned microwave paths from the existing State communications site on Pillar Mountain to the US Coast Guard base and the Alaska State Troopers, which concern was expressed in the memo from the Communications Engineer dated January 8,2001. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Similar communication and utility facilities on Pillar Mountain, have existed for many years, in the area, without conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C-Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained with an identified five (5) acre site. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 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 01-003. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional uses), to permit a hydroelectric utility facility to be located within portions of Sections 7, 18, 19, and 20, Township 34 South, Range 25 West, Seward Meridian, and within a portion of Section 12, Township 34 South, Range 26 West, Seward Meridian, Old Harbor. BOB SCHOLZE indicated ten (10) public hearing notices were mailed for this case to all village city councils and tribal councils with none being returned.. Staff believed that 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. Staff recommended approval subject to one (1) condition of approval. COMMISSIONER LINDSEY MOVE TO GRANT a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional uses), to permit a hydroelectric facility to be located within Section 12, Township 34 South, Range 26 West, and Sections 7, 18, 19, and 20, Township 34 South, Range 25 West, Seward Meridian, subj ect to the condition of approval contained in the staff report dated January 3,2001; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. All stipulations required, as part of ACMP Consistency Determination will be incorporated into this CUP as conditions of approval. 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 measures taken to control daily flow rates in the creek, follow natural hydrologic fluctuations, monitor in-stream water temperatures, conduct stream channel and fish habitat monitoring, and conduct adult and juvenile salmon surveys will minimize or prevent adverse impacts to anadromous streams. Protection of cultural values is enhanced by an archaeological report completed for the project in 1997, which concluded that the project will not have foreseeable impacts to archaeological/cultural resources. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. This conditional use will minimize the impact on the natural environment and preserve, to the extent feasible and prudent, natural features. In upland habitats natural vegetation coverage will be retained, natural drainage patterns preserved as much as possible by controlled flow rates and monitoring of in-stream water temperatures. Excessive runoff and erosion will be prevented by installation of silt barriers to prevent erosion and control sedimentation along streams as well as measures taken to bury transmission cables. This will help to minimize conflicts and maintain natural buffer zones, and maintain surface water quality and natural groundwater recharge areas. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. On the contrary, greater potential electrical power output at reduced cost will be a public convenience and benefit. Discontinuation of barging and handling of petroleum products to operate the existing diesel generators will significantly reduce or eliminate potential for fuel spills, which are a danger to public health and safety and well as potentially damaging to the environment. 17.67.05 D. That sufficient setbacks, lot area. buffers or other safeguards are being provided to meet the conditions listed in subsections A throlUd1 C of this section. The remoteness of the site itself will guarantee that adequate buffers and separation are maintained to reduce chance for conflicts and minimize potential negative impacts. 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. Public benefits include reduced fuel cost, greater potential power output, and substantial reduction in the amount of nonrenewable fossil fuel that is burned. This reduces the amount of noxious byproducts released to the atmosphere. Handling of fuel would decrease, reducing the chance of costly fuel spills that could be hazardous to the environment. The project is also expected to enhance the Lagoon Creek fishery noticeably in a portion of the creek, a benefit to humans, bears and eagles. 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. C) Case 01-004. Planning and Zoning Commission review and recommendation to the Kodiak: Island Borough Assembly of revisions to Kodiak: Island Borough Code Title 12 (Streets and Sidewalks) for the purpose of establishing a process for changing road and street names. Borough-wide. BOB SCHOLZE indicated public hearing notice was given as a display ad in the local newspaper. Staff reported that there is no current procedure in the KIB Code that allows for this process. Staff recommended that the Commission adopt Resolution 200l-0l-R, which recommends the Borough Assembly adopt proposed changes to Title 12 Streets & Sidewalks and to Title 16 Subdivisions. COMMISSIONER WARD MOVED TO ADOPT Planning and Zoning Commission Resolution 2001-01-R, and to forward the resolution to the Borough Assembly recommending revisions to Title 12 Streets & Sidewalks and Title 16 Subdivisions. 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. D) Case 01-005. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040 H. ( Conditional use), to allow a soil remediation facility to be located on Lot 34, U.S. Survey 2539, Bruhn Point in Womens Bay. 12715 Chiniak Highway. BOB SCHOLZE indicated nine (9) public hearing notices were mailed for this case, and none were returned. Staff indicated that conditions of approval have been revised and expanded to satisfy requirements by ADEC. Staff recommended approval of this request subject to seven (7) conditions of approval. COMMISSIONER STEWART MOVED TO GRANT a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional uses), to allow a soil remediation facility to be located on Lot 34, U.S. Survey 2539 subject to the conditions of approval contained in the supplemental memorandum dated January 17, 2001; and to adopt the findings contained in the staff report dated January 9, 2001 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This conditional use permit (CUP) is granted subject to written approval by ADEC of an operations plan as specified by 18 AAC 78.273 and 18 AAC 75.365 detailing a facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2. Prior to operations of this facility, the applicant must receive a coastal consistency determination from the Division of Governmental Coordination (DGC) and satisfy applicable Alaska Coastal Management Program (ACMP) review requirements based on that determination. 3. An engineered fill plan must be submitted for approval prior to utilization of remediated soil for fill on site. 4. To ensure protection of adjacent tidelands, strict compliance with the State's Wastewater Disposal Regulations (18 AAC 72.600) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 5. No soil can be brought from off the Kodiak Archipelago for remediation at this facility operating under this CUP. 6. Valid for a period of twenty four (24) months, this CUP will expire on January 17, 2003 unless renewed prior to that by the Commission at public hearing. Any expansion or enlargement in scope of the operation beyond what has been specifically described in the application narrative (dated stamped as received in the Community Development Department December 29, 2000) is not permitted unless first approved by the Commission at public hearing. 7. The contaminated soil storage site will not exceed 75 ft. by 75 ft., as indicated on the site plan, and at no time will more than 2,000 tons of contaminated soil be stockpiled there. 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 property is well suited for the proposed activity, well away from any residential neighborhood and with good traffic access. State statues exercise strict control over off site and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site. 17.67.05 B. That the conditional use fulfills all other reQuirements of this chapter pertaining to the conditional use in Question. Based on the site plan and other supporting documentation, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of Chapters 17.67 and 17.13 of Borough Code. Parking and vehicular circulation requirements are satisfied, and good access and visibility exists for truck ingress and egress to and from the highway. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with a determination that the operations are protective of human health, safety, and welfare, and of the environment. CUP approval granted subject to approval of the operations plan by ADEC will provide a measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by ADEC is an engineered Surface Water Management Plan and a quality assurance plan to guarantee only petroleum contaminated soils containing no toxic waste are brought to the site for remediation. 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 Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other adj acent uses and the treatment cell operations site is at least one hundred (100) feet back from the public road. 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. E) Case 01-006. Planning and Zoning Commission review and recommendation of the C-Conservation zoning district regulations that would: 1) specify churches as a permitted use, 2) specify livestock grazing as a permitted use rather than a conditional use, and 3) define "commercial livestock grazing." Borough-wide. BOB SCHOLZE indicated that numerous meetings have been conducted over the last couple of years on proposed code revision with this being the first public hearing with extensive public notice given to a number of individuals and interested parties via mailing list, newspaper, and radio announcements. BOB SCHOLZE further indicated that the proposed language change would 1) specify churches as a permitted use, 2) specify commercial livestock grazing as a permitted use rather than a conditional use, and 3) define "commercial livestock grazing." The area involved would be a portion of Kodiak Island that has been historically and traditionally used for this purpose as defined as the northeast portion of Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including ChirikofIsland and Sitkinak Island. Staff recommended the Commission adopt the proposed language changes into KIB Code Chapter 17.06 (Definitions), KIB Code Section 17.13.020 (permitted principal uses and structures), and KIB Code Section 17.13.040 (Conditional uses); and forward the revisions to the Borough Assembly with a recommendation of approval. COMMISSIONER HIMES MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt changes to Kodiak Island Borough Code Chapter 17.06 (Definitions), Kodiak Island Borough Code Section 17.13.020 (permitted principal uses and structures), and Kodiak Island Borough Code Section 17.13.040 (Conditional uses), as reflected in the supplemental memorandum dated January 16, 2001, and to adopt the "findings of fact" in the staff memorandum dated January 4, 2001 in support of the code revision. FINDINGS OF FACTS 1. This code revision is consistent with the following objective stated in the PasagshaklNarrow Cape Area Plan: "Acknowledge that all agricultural uses, including commercial grazing, should be permitted outright in the C- Conservation zoning district." 2. The code revision is consistent with the historic use of livestock grazing, based on leases originally assigned by the Federal government, in the northeast portion of Kodiak Island designated and on Chirikof and Sitkinak Islands. 3. In order to minimize potential conflicts between livestock and wildlife, especially bear; measures have been taken to maintain adequate separation between areas where commercial livestock grazing is designated as a permitted use and the boundaries of the Kodiak National Wildlife Refuge. The motion was SECONDED by COMMISSIONER LINDSEY. Regular session closed. Public hearing opened: Mike Sirofchuck: Mr. Sirofchuck read the letter to the Commission from the State Parks Advisory Board dated October 27, 2000 (per attached). Mr. Sirofchuck further expressed, as newly elected Chair for the State Parks Advisory Board, that public input is very important anytime that commercial livestock grazing is going to be addressed as a use on Borough or private lands. Mr. Sirofchuck understood in a recent newspaper article that a compromise had been reached that a written cooperative agreement or conservation plan would be done between the land/lease owners and the Kodiak Soil and Water Conservation District instead of a conditional use permit process. Mr. Sirofchuck expressed concern if the process of public input would be eliminated if the cooperative agreement or conservation plan would be the sole process. Mr. Sirofchuck on behalf of the State Parks Advisory Board and himself felt that commercial grazing would cause a definite environmental impact on Kodiak Island, and further expressed that the CUP process through the Kodiak Island Borough is important process with public input. Bill Burton: Mr. Burton called in to express that he is in support of the proposed language change and felt that commercial grazing should be a permitted use at least in the northeastern portion of Kodiak Island. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER HIMES expressed that it has been a long process with cooperative efforts on this issue, and felt that it should be forwarded to the Assembly for final decision. COMMISSIONER STEWART echoed COMMISSIONER HIMES comment. CHAIR SELIG felt confident that the staff and Commission have accomplished a lot on this issue to bring it forward to the Assembly. The question was called, and the motion CARRIED by unanimous roll call vote. F) Case 00-031. Request for a rezone, in accordance with KIB Code Section 17.72.030 C. (Manner of Initiation), of Lots 1 through 6 and Lot 16, U.S. Survey 3233 from RRl-Rural Residential One to RJ-Multi Family Residential; and Lots 25A, 25B, 25C, 25D, 26, 27, and 28, U.S. Survey 3099 from R1-Single Family Residential to RJ-Multi Family Residential. 2716, 2732, 2756, 2785, 2820 Spruce Cape Road; and 761A and 771 Jackson Lane (Jackson's Mobile Home Park). (postponed from the December 20, 2000 regular meeting). BOB SCHOLZE indicated one hundred thirty-nine (139) public hearing notices were distributed for this request with one (1) being returned expressing opposition. Action on this request was postponed from the December 2000 Commission meeting at the request of the applicant. Some concern was expressed at that time about potential density with R3 zoning in this area if the mobile home park were removed. The owner and manager of the mobile home park both emphasized that there is no intention to close the mobile home park, and that; to the contrary, it is in the process of being expanded and upgraded. Staff recommended approval of this request since it is consistent with the original comprehensive plan. COMMISSIONER WARD MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots I through 6 and Lot 16, U. S. Survey 3233 from RRI-Rural Residential One to R3-Multi Family Residential; and of Lots 25A, 25B, 25C, 25D, 26, 27, and 28, U.S. Survey 3099 from RI-Single Family Residential to R3-Multi Family Residential, and to adopt the "Findings of Fact" in the staff report dated November 28, 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 Rl and RRl to R3 is needed and justified because the R3 zoning district permits development that: A. Will bring the traditional mobile home park use of the area into conformance with zoning code; B. Will provide the opportunity to upgrade and expand the mobile home park; and C. Is consistent with the objectives of the 1968 K.IB Comprehensive Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A change of zoning from Rl and RRl to the R3-Multi-family residential zoning district is necessary because R3-Multi-family residential permits mobile home parks, which is consistent with the objectives of the K.IB Comprehensive Plan. 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. COMMISSIONER LINDSEY voted ''No''. G) Case 00-033. Request for a rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 2A and 2B, U.S. Survey 2878, and a portion of U.S. Survey 2878 from C-Conservation to RNC-Rural Neighborhood Commercial. Generally located in Kalsin Bay. 29675, 29677, and 29679 Chiniak Highway. (postponed from the December 20, 2000 regular meeting). BOB SCHOLZE indicated nine (9) public hearing notices were distributed for this request with one (1) being returned expressing no objection. Staff indicated rezone area total is approximately 20 acres (per attached map dated January 17, 2001). Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved after the revisions to Chapter 17.22 of Borough Code which would: 1) increase the RNC Rural Neighborhood Commercial lot area minimum from 40,000 square feet to two (2) acres and lot width minimum from 120 feet to 180 feet, and 2) incorporate into the RNC zoning district the performance standards of KIBC 17.21.050 for the B-Business zoning district requiring screening, landscaping and buffering, where appropriate, replacing Code Section 17.22.100 A. COMMISSIONER LINDSEY MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 2A and 2B of the southerly half ofU.S Survey 2878, and an approximately ten (10) acre portion of the northerly half of U.S. Survey 2878 surrounding and to the rear of Kalsin Bay Inn, as indicated on the accompanying map dated January 17, 2001, from C- Conservation to RNC Rural Neighborhood Commercial, subject to two (2) conditions of approval contained in the supplemental memorandum dated January 16,2001, and to adopt the findings of fact in the staffreport dated January 9, 2001 in support of this recommendation. CONDITIONS OF APPROVAL 1. This rezone will not be approved by the Assembly until the revisions to Chapter 17.22 of Borough Code which would (1) increase the RNC Rural Neighborhood Commercial lot area minimum from 40,000 square feet to two acres and lot width minimum from 120 feet to 180 feet, and (2) incorporate into the RNC zoning district the performance standards of KIBC 17.21.050 for theB-Business zoning district requiring screening, landscaping and buffering, where appropriate, replacing Code Section 17.22.100 A. 2. The portion of the northerly half of U.S. Survey 2878 (Kalsin Bay Inn) intended to be rezoned to RNC will be defined by survey description prior to Assembly approval of the rezone. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from C-Conservation to RNC Rural Neighborhood Commercial is needed and justified because the RNC zoning district permits development that: A. consistent with the historical use of restaurant/lounge/lodging (K.alsin Bay Inn) which has been established on the northerly portion of U.S. Survey 2878 since the 1960's; B. would eliminate the nonconforming ("grandfathered'') use of The Kalsin Bay Inn by making it conforming; C. with adoption of recommended reVISIons to the RNC zoning district increasing the minimum lot area and lot width required in the RNC zoning district, this rezone will be more suitable to providing needed commercial zoning in this area. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. While neither the KIB Comprehensive Plan nor any subarea element of that plan addresses Kalsin Bay, a change of zoning from C-Conservation to the RNC Rural Neighborhood Commercial zoning district is necessary because: A. it is consistent with the planning concept of establishing commercial "nodes" at appropriate intervals along the Chiniak Highway, which was adopted into the Chiniak Plan; and B. it dovetails neatly with the goal stated in the PasagshaklNarrow Cape Area Plan to discourage commercial uses (in the PasagshaklNarrow Cape Area) by directing commercial zoning to appropriate locations in Kalsin Bay. The motion was SECONDED by COMMISSIONER STEWART. Regular session closed. Public hearing opened: Robin Starrett, Agent representative: Mr. Starrett concurs with staff's recommendation and available for any questions from the Commission. Ginny Sargent, adiacent property owner: Ms. Sargent expressed that she had an extensive discussion with the applicant and understands total rezone area. Ms. Sargent expressed that it was not exactly what she wanted but accepts the3proposed rezone request area that included her lot. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER WARD disclosed that he had three ex parte discussions regarding this matter, one by telephone and two in person. COMMISSIONER WARD stated that the parties did not sway him one way or another and he did not find any new information that was not already in his packet. COMMISSIONER WARD further indicated he also has a conflict of interest. His spouse currently owns property near the rezone request area. COMMISSIONER WARD expressed that if the Commission would like him to participate with the hearing he would do so, and if the Commission prefer he should not participate then he would not participate. CHAIR SELIG questioned staff if COMMISSIONER WARD had disclosed this information earlier. Staff indicated he had, and concluded that there was no conflict of interest because the property owned by his wife was not in the rezone request area. DIRECTOR DVORAK clarified that the KIB code clearly states that there is conflict of interest only if a monetary gain is made. DIRECTOR DVORAK concluded that if COMMISSIONER WARD is unbiased on his decision then he felt there would be no reason for COMMISSIONER WARD not to participate. CHAIR SELIG accepted staff's recommendation. COMMISSIONER WARD stated that he would participate and that he has not made up his mind on the issue and will do so after the hearing. H) Case 00-017. Request for a rezone, in accordance with 1GB Code Section 17.72.030 C. (Manner of initiation), of Lots I through 3, Lots 5 through 10, Lot IIA, and Lot liB, Block 3, Port Lions Alaska Subdivision; and Lots 2 through 7, Block 14, Port Lions Subdivision from Rl-Single Family Residential!!! R2- Two Family Residential. Located in the core area of the community within Bayview Drive, Hillside Drive, Main Street, and Rainbow Street. City of Port Lions. (postponed from the August 16, 2000 regular meeting). BOB SCHOLZE indicated this case was postponed from the August 16, 2000 regular meeting due to some discussion at the City level regarding the rezone. Staff received a letter from the City of Port Lions received December 18, 2000, in which stated that the City Council at their regular meeting in September did not see a need to meet with the Commission nor was there any objections expressed during that meeting. The City of Port Lions requests that the Commission consider and approve the rezone request. Staff recommends approval of this rezone request because R2 zoning is specifically consistent with the medium density land use designation for this area contained in the 1997 Port Lions Comprehensive Development Plan revision. COMMISSIONER HIMES MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots I through 3, Lots 5 through 10, Lot 11A, and Lot lIB, Block 3, Port Lions Alaska Subdivision; and Lots 2 through 7, Block 14, Port Lions Alaska Subdivision located in the City of Port Lions from RI-Single Family Residential to R2- Two Family Residential, and to adopt the findings of fact in the staff report dated July 20, 2000, in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from R1 to R2 is needed and justified because the R2 zoning district permits development that: A. Will help to reverse the historic trend of housing shortages in Port Lions; B. Will better accomplish the specific intent of the 1997 Port Lions Comprehensive Development Plan Revision to provide more housing in areas presently served by public utilities; C. Is consistent with the general residential use of the area and the existing single-family houses continue as a permitted use in the R2 zoning districts; D. Is consistent with the Kodiak Island Borough Coastal Management Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A change of zoning from R1 Single-family Residential to the R2 Two family residential zoning district is necessary because: R2 zoning is specifically consistent with the medium density land use designation for this area contained in the 1997 Port Lions Comprehensive Development Plan Revision. This rezone is also consistent with "lifestyle" objectives specified in the Port Lions Comprehensive Plan, including: 2. New housing shall be provided at a rate consistent with population growth. 3. Infilling shall be encouraged before new areas are opened for development. 4. A variety of housing shall be provided according to need and lifestyle choice. The motion was SECONDED by COMMISSIONER STEWART. Regular session closed. Public hearing opened: Melvin SQuartsoff, City of Port Lions Council Member: Mr. Squartsoff thanked the Commission for the time that was spent reviewing the rezone request, and apologized for not understanding the rezoning procedure. Mr. Squarstoff as available for any questions from the Commission. As a private property owner in ilie rezone request area, Mr. Squarstoff had no objections nor did 12 out of 13 property owners in the rezone request area. He further indicated that the people that did express objection indicated in writing that they would like their own lot included into the request area. Mr. Squartsoff explained to them that if they would like their own lot to be included to begin the procedure through the Port Lions City Council, which in turn will initiate the rezone request to the Planning and Zoning Commission. COMMISSIONER LINDSEY acknowledged Mr. Squartsoff efforts introducing the rezone process to the village and hopes that everyone understands that it is not just a one-time opportunity but that it is available at anytime. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. A) Case 01-001. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional use), and a variance, in accordance with KIB Code Section 17.13.070 (Building height limit), to permit a cellular phone communication facility consisting of a one hundred (100') foot high tower and a eight by twenty-two (8' x 22') foot building housing electronic equipment on a portion of U.S. Survey 3945 located near the top of Pillar Mountain within the City of Kodiak. 911 Pillar Mountain Road. BOB SCHOLZE indicated the variance is for a one hundred (100') foot high tower and an eight by twenty-two (8 'x22') foot building housing electronic equipment on a portion of U.S. Survey 3945 located near the top of Pillar Mountain. COMMISSIONER STEWART MOVED TO GRANT a variance, in accordance with KIB Code Section 17.13.070 (Building height limit), to permit a cellular phone communication facility consisting of a one hundred (100') foot high tower, on a five (5) acre portion of U.S. Survey 3945 located near the top of Pillar Mountain, subject to one (1) condition of approval contained in the staff report dated January 8, 2001; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL 1. Issuance of a building permit is required to insure compliance with applicable UBC specifications for wind, snow and ice loads. FINDINGS OF FACT 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would restrict tower height to fifty (50) feet, possibly frustrating effective transmission of signals to enhance cellular phone service for benefit of the public. 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. No material damages or prejudice to other properties in the vicinity or detriment to public health, safety and welfare will result from installation of the tower. A condition of approval will require that all Uniform Building Code requirements related to snow, wind and ice loads be met. By Aeronautical Study # OO-AAL- 0225-0E, the FAA has found that the 100 ft. high tower, plus a twenty-one (21) foot antenna would not constitute a hazard to air navigation. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting this variance would not be contrary to the objectives of the Comprehensive Plan, which does not specifically address this area, and would be consistent with the historical use of communication towers in this area. 17.66.050 A.5. That actions of the applicant did not cause special condItIons or fmancIaI hardship from which rehe IS bemg sought by the vanance. No action of the applicant caused special conditions or fmancial hardship necessitating the variance. 17.66.050 A.6. That the granting of the vanance will not permit a prohibited land use in the district involved. This land use is permitted in the C-Conservation zoning district as a conditional use. 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. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS COMMISSIONER HIMES MOVED TO INITIATE the investigation of revisions to Chapter 17.22 ofBorougb Code which would (1) increase the RNC Rural Neighborhood Commercial lot area minimum from 40,000 square feet to two acres and lot width minimum from 120 feet to 180 feet, and (2) incorporate into the RNC zoning district the performance standards of KIBC 17.21.050 for the B-Business zoning district requiring screening, landscaping and buffering, where appropriate, replacing Code Section 17.22.100 A. The motion was SECONDED by COMMISSIONER STEWART. The question was called, and the motion CARRIED by unanimous roll call vote. IX. COMMUNICATIONS A) Letter dated December 27, 2000 to the Planning and Zoning Commission from Commissioner Oswalt. B) Letter dated December 28, 2000 to Jim and Marilyn Guilmet, Duncan Fields, Charles Dorman, Bill and Kathy Burton, Chris Flickinger, and Marie Rice from Bob Scholze, Acting Community Development Department Director, regarding methodology on valuation and building pen'nit fees for agriculture structures. C) Letter dated January 16, 2001 to Bob Scholze, Associate Planner from Mark Kinney, District Conservationist, USDA-NRCS regarding the review process of a submitted conservation plan to USDA-NRCS for commercial grazing. There were no further communications. COMMISSIONER HIMES MOVED TO ACKNOWLEDGE RECEIPT of item A through item C of Communications. The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. x. REPORTS Bob Scholze reported the following meeting schedule: . February 14th = Packet review work session at 7:30 p.m. in the Borough conference room. . February 16th = APA Planning Commission workshop/Anchorage. . February 2pt = Regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER STEW ART MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER WARD, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER STEW ART complemented staff for all work and effort done while short staffed in department. COMMISSIONER LINDSEY echoed Commissioner Stewart's comment. COMMISSIONER HIMES welcomed Director Dvorak back to Kodiak. CHAIR SELIG welcomed Commissioner Ward to the Commission and welcomed back Director Dvorak to Kodiak and the Community Development Department. XIII. ADJOURNMENT CHAIR SELIG requested a motion to adjourn. COMMISSIONER HIMES MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. The meeting adjourned at 9:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: CW~~~~ & ATTEST DATE APPROVED: March 21,2001. '.