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2013-03-20 Regular Meeting RECEIVED Kodiak Island Borough MAY - 6 2013 Planning & Zoning Commission Minutes � BOROUGH CLERKS OFFICE March 20,2013 6:30 p. in the AccCf Weet6LWA-c CALL TO ORDER CHAIR TORRES called to order the March 20, 2013 regular meeting of the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl, Sonny Vinberg, Kathy Drabek, and Frank Peterson. APPROVAL OF AGENDA COMMISSIONER SCHMITT suggested to hear Public Hearing Item 7-G before Public Hearing Item 7-F. COMMISSIONER SCHMITT MOVED to approve the March 20, 2013 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the January 16, 2013 & February 20, 2013 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case S13-013. Request Preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A Russian Creek Alaska Subdivision; and, Preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21. The applicant is Leroy Cossette and the agent is St. Denny Surveying, Inc. The location is 11408 Rezanof Drive&719 Cottonwood Circle. The zoning is B-Business. Lydick stated twenty eight public hearing notices were sent out, and fifteen public review agencies were notified. We received feedback from the ADF&G, which identified the small creek generally forming the new boundary line between the proposed lots as important salmon habitat, but otherwise expressed non-objection. The utility easement identified for vacation is from the original subdivision, and no review agency has expressed an interest in retaining it. If the easement vacation is approved, it must also go before the Assembly for approval as a separate action. Staff recommended approval of the subdivision and vacation,subject to two conditions COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A, Block 1, Russian Creek Alaska Subdivision; and preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21, subject to the conditions of approval contained in the staff report dated March 8, 2013,and to adopt the findings in that staff report as "Findings of Fact" for Case S13-013. March 20, 2013 Page 1 of 12 P&Z Minutes The public hearing was opened&closed: There was no public testimony. Brief discussion regarding the bridge identified at the work session, making sure they're in compliance, not having enough information, and removing that bridge may cause more damage than leaving it. Lydick stated we don't have the authority to instruct outside agencies to do something, if it's the wish of the commission to add a condition it should be done right now. CONDITIONS OF APPROVAL [1] The plat will be submitted for review by the Kodiak Island Borough Assembly with regards to the utility easement vacation in accordance with KIBC 16.60.060. [2] Show a 10 foot anadromous buffer easement on both sides of the creek noted on the plat between proposed Lot 8A and Lot 21A. 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. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S13-015. Request Preliminary approval, according to KIBC 16.40, of the subdivision of Lot 24A,U.S.Survey 3098, creating Lots 24-Al and 24-A2, U.S.Survey 3098; and, Preliminary approval, according to KIBC 16.60, of the vacation of a 15 foot utility easement along the west lot line Lot 24A, U.S. Survey 3098. The applicant is MK Enterprises and the agent is St. Denny Surveying. The location is 119 Bancroft Drive. The zoning is R1-Single-family Residential. Lydick stated 21 public hearing notices were sent out, and 10 public review agencies were noticed. This utility easement identified for vacation is from the original subdivision. No review agency expressed an interest in retaining it. Prior to finalization, this easement vacation, if approved, must also receive approval from the City in a separate action. The City's Building Official, which identified the proposed replacement easement located along the northeast boundary of Lot 24-Al as inadequate for the purpose of serving Lot 24-A2. The City re-iterates the request for 15 feet. Feedback was also received from one public reviewer who has concerns regarding the possibility of increased off-site drainage, exacerbating on existing neighborhood problem. Staff recommends approval of the subdivision and vacation subject to 3 conditions of approval. In response to COMMMISSIONER VINBERG'S inquiry if the City manages its own storm water drainage, Lydick stated that's correct. COMMMISSIONER VINBERG said he doesn't see any provisions addressing that issue or concern from the public perspective. Lydick stated that's a City utility realm of responsibility,we're not in a position to tell the city to upgrade their storm water. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of Lot 24A, U.S. Survey 3098, creating Lots 24-Al and 24-A2, U.S. Survey 3098; and, Preliminary approval, according to KIBC 16.60, of the vacation of a 15 foot utility easement along the west lot line of Lot 24, U.S. Survey 3098 subject to the conditions of approval contained in the staff report dated March 8, 2013,and to adopt the findings in that staff report as "Findings of Fact" for Case No. S13-015. The public hearing was opened: Public testimony was given by: Kevin Arndt, representative of MK Enterprises spoke in opposition of the one condition for fifteen feet. The City requires 15 foot when they're responsible for a water or sewer line in an easement; their utilities have to be 10 feet apart. This is private and they won't have anything to do with this in repair if there was a problem and the water and sewer will be going in the same ditch. They'll be run approximately 2 feet from the neighboring lot, 24B, if we have a 10 foot easement that leaves almost 8 March 20, 2013 Page 2 of 12 P&Z Minutes feet, 7 feet from the 24A property line. He's just against having to go with 15 foot into the other lot when it's not needed. The only time you'll have equipment in there is to install it or to repair it and 10 feet is plenty of room, we do it all the time. He would appreciate a motion to amend it from 15 feet to 10 feet. In response to COMMISSIONER SCHMITT'S inquiry if Arndt is proposing to put in the sewer and water stub outs to the city standards,Arndt replied yes, exactly. In response to COMMISSIONER PETERSON'S inquiry that this has to be approved by the City and inspected by the City, Arndt stated yes, exactly, they'll do pressure tests, the depth that's required and then they are done with it. If there is a problem with it later on they will have nothing to do with it. In response to COMMISSIONER PETERSON'S inquiry that Arndt doesn't anticipate having any problems with the City approving this,Arndt stated no, not at all, not in the least. In response to COMMISSIONER SCHMITT'S inquiry, would Arndt be receptive to us having a condition of approval that you have to put in the sewer and water stub outs to Lot 24A-2 to City standards as a condition of approval?Arndt said no problem. In response to COMMISSIONER SCHMITT'S inquiry, would Arndt he interested in postponing this for a month so we can run that by the City and get their OK to the reduction to a 10 foot easement, Arndt said they've already stated here they are in opposition of it but why he doesn't understand, and he would rather not wait. The one condition we have is on the shed and we plan on going in there after the subdivision is finalized to take the shed down and burn it with the brush. The public hearing was closed. COMMISSIONER SCHMITT stated he was going to suggest that the neighborhood look into contacting the City Engineering Department and Public Works starting at the City Manager's Office to form a street improvement district and when the City improves the streets they put in storm drains and address all those drainage issues. COMMISSIONER SCHMITT feels that would be a good option for this neighborhood to address those drainage issues. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were Alan Torres, Alan Schmitt, Sonny Vinberg,Kathy Drabek,and Frank Peterson. The no was Rick Vold. During the vote COMMISSIONER VAHL asked if it's too late to make an amendment. Smith stated yes, because we are already taking the vote. CHAIR TORRES MOVED TO RECONSIDER ROLL CALL VOTE CARRIED UNANIMOUSLY CHAIR TORRES stated the only reason he made the motion to reconsider was he thinks COMMISSIONER VAHL wanted to make an amendment and we should give him the opportunity. COMMISSIONER VAHL said COMMISSIONER SCHMITT had a good point regarding the incomplete notes when it was distributed to the city. CHAIR TORRES read the motion. COMMISSIONER VAHL stated because the applicant's request to reduce the private utility easement from 15 feet to 10 feet and considering he'll be doing the work he thinks it's reasonable to make that adjustment to the conditions of approval. If he's done this before and secondly regarding COMMISSIONER SCHMITT'S comment that if were to add an additional condition of approval specifically identifying that the applicant will complete the work to city standards he thinks we have met the needs of the applicant and the interest of the city. COMMISSIONER PETERSON stated his concern is if we change it and the city doesn't approve it then Arndt will be set back even farther.That's why he approved the motion like it was. COMMISSIONER VINBERG stated that requiring the easement on the east side to be 15 feet instead of 5 feet as shown on the survey document. With the city stipulation that they're requiring the 15 foot he March 20, 2013 Page 3 of 12 P&Z Minutes has no disagreement with Arndt on the 10 foot provisional that he meet city standards but he doesn't know if it's right to change a condition that the city is required or if we have that authority. In response to CHAIR TORRES inquiry of what gets approved or disapproved by the city, isn't the width of this easement that we're talking about the new easement, it's the vacation of the old easement that the city will approve or disapprove, the vacation of that easement, right? Lydick stated that's correct. To revisit the points of creating the new easement and whether or not the 10 feet as opposed to the 15 feet, the developer has stated it's going to be a private utility easement and the developer is going to put that in. He doesn't think we need to add another condition of approval that says he's going to meet city standards? The bottom line the city isn't going to turn on the water if they don't like the installation. COMMISSIONER VAHL MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of Lot 24A, U.S. Survey 3098, creating Lots 24-Al and 24-A2, U.S. Survey 3098; and, Preliminary approval, according to KIBC 16.60, of the vacation of a 15 foot utility easement along the west lot line of Lot 24, U.S. Survey 3098 subject to the conditions of approval contained in the staff report dated March 8, 2013,and to adopt the findings in that staff report as "Findings of Fact" for Case No. S13-015 amending Condition of Approval #1 to read the private utility easement paralleling the eastern boundary of proposed Lot 24A-1 shall be a minimum of 10 feet wide. During discussion COMMISSIONER PETERSON wanted to clarify what you asked earlier that that condition doesn't negate the entire subdivision, CHAIR TORRES stated no. COMMISSIONER SCHMITT stated for the reasons stated earlier he should act as the city has indicated he will be voting against the motion as it stands now. CONDITIONS OF APPROVAL [1] The private utility easement paralleling the eastern boundary of proposed lot 24-Al shall be a minimum of ten (10) feet wide. [2] The encroachment represented by the accessory building located on proposed lot 24-A2 must be cured prior to final plat recording. [3] The easement vacation must receive City of Kodiak approval prior to becoming effective. 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. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were Alan Torres, Rick Vahl, Sonny Vinberg, Kathy Drabek, and Frank Peterson. The no was Alan Schmitt. C) Case S13-018 Request Preliminary approval, according to KIBC 16.40, of the subdivision of Parcel "P-1", Holland Acres Subdivision 2nd Addition, creating Lots P-1A, P-1B, P-1C and P-1D. The applicant is JDA Enterprises and the agent is St. Denny Surveying. The location is Tract Pl- NHN Raven Circle.The zoning is R2-Two-family Residential. Lydick stated this request was brought by the developer of the parent parcel, P-1, Holland Acres Subdivision 2nd Addition, Fortynine public hearing notices were sent out; in addition thirteen public review agencies were noticed. The action proposed the creation of 3 lots with access to Balika Lane. The remaining balance of land area designated as Parcel P-1A is held in reserve and retains the original platted access to Island Lake Road via Raven Circle. Staff received comments from 2 review agencies; the Kodiak Island Borough Engineering & Facilities Department which re-iterates the requirement that the developer receive driveway approval prior to development, but otherwise states non-objection, and KEA has requested that an additional 10 foot easement be created allowing backdoor access to Lot P-1A. One public reviewer has expressed support with the observation that utilizing public infrastructure is a net benefit to the community. Staff recommended approval of the subdivision and easement creation, subject to 4 conditions of approval. March 20, 2013 Page 4 of 12 P&Z Minutes • COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, to the subdivision of Parcel "P-1", Holland Acres Subdivision 2nd Addition, creating Lots P-1A, P-1B, P-1C and P-1D, Holland Acres Subdivision 2nd Addition,subject to the conditions approval contained in the staff report dated March 8, 2013, and to adopt the findings in that staff report as "Findings of Fact" for Case 513-018. The public hearing was opened: Public testimony was given by: Scott Arndt, representative of the property owner, spoke in opposition to condition of approval #2. The fence will be temporarily removed, recorded, and put right back. He thinks you made a mistake on 15 feet; the State law requires the utilities be 10 foot apart where they come onto the lot.These 10 feet easements are for electrical, telephone, and TV and that's why they are 10 feet and sewer and water is more. CHAIR TORRES informed Arndt that this is the public hearing for S13-018. The public hearing was closed. COMMISSIONER VINBERG asked Arndt to come back to the podium because he asked Arndt last week but he wants to be clear that the lot line that's shown for Lot P1, if we approve everything as stipulated from our staff report, am I correct to assume that lot line is going to be on the back side of Lot 1 and Lot 12,you decided that 60 foot easement, Is that a lot line? Arndt stated that Lot 1 and Lot 12 were the previous subdivision. COMMISSIONER VINBERG asked Lydick when those were previously approved so those established lot lines on the back side of the structures so it put the lots out of conformance because of setback requirements, is that correct. Lydick asked if you are talking about the shed and then the fence. If you look at the aerial those structures are right on the lot lines. Lydick said the error is in relying on the aerial for survey accuracy. They're only required to have 10 feet in the rear lot line on those lots, and he doesn't believe they were constructed out of compliance with the code. CHAIR TORRES said when the subdivision was done those were legal lots. The fence and shed were added later. Arndt said he was the original subdivider of Lots 1 and 12 as part of a 12 lot subdivision. The side where the fence is encroaching into the P parcel, both Lot 1 and 12 he built the places on after and they meet the side yard setback,it's a 5 foot minimum on side yard for those lots. Lydick stated the only issue is those 2 lots are not involved in this subdivision those existing structures on Lot 1, Block 3 and Lot 12, Block 3 are not depicted on this plat. The only review we did was what was presented to us. The only encroachments we called out were the fence and the shed evidently serving Lot 1, Block 13. CONDITIONS OF APPROVAL [1] Show a 10 foot utility easement along the south lot line of Lot P-1C as requested by KEA. [2] Relocate the fence and accessory building on Lot P-1A to a legal location prior to final plat approval. [3] Increase the width of flag stem on Lot P-1B to 30 feet and include a plat note prohibiting further subdivision of same as required by KIBC 16.40.050.B.3.a.i. [4] Amend the title block prior to final approval to indicate Lots P-1A, P-1B, P-1C and P-1D are part of Block 3, Holland Acres Subdivision, 2nd Addition. 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. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. March 20, 2013 Page 5 of 12 P&Z Minutes ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 13-022. Request a Title 18 Land Disposal Review, according to KIBC 18.20, to consider the disposal of a 2.61 acre portion of Tract E of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian; and Relinquishment of 19.16 acres of borough lease land, described as a Portion of Lot 1, Tract C, of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian that unusable for fish hatchery purposes.The applicant is the Kodiak Regional Aquaculture Association, for the State of Alaska, Department of Fish & Game. The agent is Kevin Brennan. The location is a portion of Tract E of BLM Tract D; and Lot 1, Tract C of BLM Tract D, all within Section 30, T27S, R19W, Seward Meridian.The zoning is C-Conservation Lydick reported this public lands disposal was brought forward by the current tenant. Five public hearing notices were sent out. Due to the preliminary nature of the disposal request i.e., requesting the commission find the identified lands surplus to public need, with further referral to the Assembly, no public review agencies were noticed. COMMISSIONER SCHMITT MOVED to adopt Planning & Zoning Commission Resolution FY2013-07, containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20. The public hearing was opened. Public testimony was given by: Al Seale, Manager of the Pillar Creek Hatchery stated he's here in support of the request for a change in the borough lease lines. Close public hearing was closed. Brief discussion regarding the 2 maps being different, but the adopted zoning map takes precedence. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E) Case 13-020. Request a Rezone, according to KIBC 17.205, to rezone Lot 21, Seaview Subdivision from B - Business to I - Industrial.The applicant is LASH Corporation and the agent is Mike Brechan.The location is 8335 Rezanof Drive West.The zoning is B-Business. Lydick reported this rezone request is brought by the current owner of the parcel. Sixteen public hearing notices were sent out. This parcel of waterfront property was rezoned from Industrial to Business on December 16, 2004. The petitioner's rationale for that rezone was that there was no economic return to be derived from Industrial use. Returning the parcel's zoning to the status quo ante is likely the most prudent step to take. The U.S. Coast Guard objects to the rezone based upon the recordation of private easements burdening the parcel which would inhibit the full range of development options allowed in the I-Industrial Zoning District. The U.S. Coast Guard has withdrawn their objection. Staff recommended the commission forward this rezone request to the Assembly with a recommendation for approval. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 21, Seaview Subdivision from B - Business to I - Industrial, AND, to adopt those findings in the staff report dated February 8, 2013 as Findings of Fact for Case No. 13-020. The public hearing was opened &closed: There was no public testimony. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and lustification for a Change or Amendment. The site is located close to existing industrial lands and could be a suitable support area for staging and outdoorstorage. The site was previously zoned I-Industrial for many years prior to 2005. The site is located close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are desirable characteristics for an industrial lot. The property has been zoned B-Business for a number of years but the petitioner could not identify a feasible business or residential development plan for the site during that time. March 20, 2013 Page 6 of 12 P&Z Minutes 17.205.020 B. Findin•s as to the Effect a Chan e or Amendment would have on the Ob'ectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C.Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY G) Case 13-019. Request a Land Disposal Review, according to KIBC 18.20.030 A, of proposed Lot SB, Block 1,Chiniak Alaska Subdivision.The applicant is the Kodiak Island Borough,and the agent is Bob Scholze, Borough Resource Management Officer. The location is Lot SB, Block 1, Chiniak AK Subdivision, Block 1 Portion of.The zoning is PL-Public Use Land. Lydick reported this request for disposal of public lands was brought forward by the borough that seeks an expansion of the Commission's finding in Case No. 13-002, that certain lands owned by the Kodiak Island Borough are surplus to the public's need. Eight public hearing notices were sent out for this request. Due to the nature of the disposal review, no public review agencies were noticed. Staff recommended forwarding this request for disposal of borough lands to the borough assembly with a recommendation for approval. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013-06 recommending disposal of certain borough lands as identified in said resolution as surplus to the public's need for the borough to maintain said lands in reserve for future public use. The public hearing was opened. Public testimony was given by: Bob Scholze, Borough Resource Officer, stated he's just here to answer any questions. This request was to make sure there's opportunity before public comment because we expanded the area a little beyond what was conceptually approved originally to include a second lot so it was kind of a cautionary measure and we did specifically get all this information to the Chiniak Library Association who would be one of the closest affected property owners. The public hearing was closed. Brief discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F) Case 13-018. Request a Rezone, according to KIBC 17.205, of proposed Lots SB &5C, Block 1, Chiniak Alaska Subdivision from PL-Public Use Zoning District to RR2- Rural Residential Two Zoning District. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Management Officer. The location is Lots 5B and 5C, Block 1, Chiniak AK Subdivision.The zoning is PL-Public Use Lands. Lydick stated this rezone request is an action preparatory to disposal as recommended by the commission in Case 13-002 on July 18, 2012. The companion Case 13-019 asks to expand the commission's disposal recommendation in that case by including an additional lot, Lot 5B. Nine public hearing notices were sent out for this request. A rezone of these 2 lots to the RR2 Zoning District is consistent with the Comp Plan and advances the public policy initiative of making surplus public lands available to the private market with the expectation of development and consequent increases in revenues. Staff recommended that the commission forward this rezone request to the Assembly with a recommendation for approval. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone proposed Lots 5B and 5C, Block 1, Chiniak March 20, 2013 Page 7 of 12 P&Z Minutes Subdivision from PL-Public Use Land to RR2-Rural Residential Two, and to adopt those findings in the staff report dated February 8, 2013,as Findings of Fact for Case No. 13-018. The public hearing was opened &closed.There was no public testimony Discussion FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was no old business. NEW BUSINESS A) Case 13-021. Request a Site Plan Review, according to KIBC 17.130.020, of the proposed replacement ferry dock to be constructed in a Portion of Alaska Tideland Survey 664; and, A Similar Use Determination, according to KIBC 17.15.090, that a City Dock and Ferry Terminal use is similar in character and impact to a Community Building and/or Utility Installation. The applicant is the City of Port Lions and the agent is Harold Christiansen Jr., Deputy Mayor. The location is a Portion of Alaska Tideland Survey 664, Sections 4 & 5, T27S, R22W, Seward Meridian, Port Lions.The zoning is PL-Public Use Lands. • Lydick stated this site plan review and similar use determination request lays the groundwork for a major upgrade infrastructure serving the City of Port Lions. Substantial progress has already been made towards the construction of a new causeway and ferry terminal improved with associated utilities. Inter-agency agreements are in place and funding secured. However, prior to breaking ground, it's important to ensure that the project is consistent with the Borough's Comp Plan and zoning ordinance. This requested review serves as the purpose of ensuring the project's compatibility with local regulatory requirements. Staff recommended that the commission support this major upgrade to the island's public infrastructure in the form of two motions; 1, A motion to approve the site plan, and 2. A motion to find that a dock and ferry terminal is similar in character and impact to a utility installation, a permitted use per KIBC 17.130.020.P. COMMISSIONER SCHMITT MOVED to grant approval according to KIBC 17.130.020(P) (Site Plan Review - Utility Installations) of a detailed site plan of the proposed replacement City and Ferry Dock to be constructed on a Portion of Alaska Tideland Survey 664, subject to the conditions of approval contained in the staff report dated March 11, 2013; and to adopt the findings in support of that decision included in the same staff report. Discussion CONDITIONS OF APPROVAL-SITE PLAN March 20, 2013 Page 8 of 12 P&Z Minutes [1] Continue to work with the Alaska Department of Natural Resources to ensure that adequate public access is provided from public rights-of-way on existing upland to the new dock area. [2] Once the expanded tideland survey is completed and conveyed to the City of Port Lions, the City of Port Lions should request a new rezone to have the expanded area included in the PL-Public Use Land zoning district. This will provide for a public site plan review for any new uses or additions that may be developed in the expanded tideland survey. FINDINGS OF FACT- SITE PLAN [1] The City of Port Lions has submitted a substantial dock and causeway site plan showing the location and nature of proposed improvements. [2] The City of Port Lions continues to work with the Alaska Department of Natural Resources to expand the tidelands jurisdiction to include the new dock and ferry terminal. [3] The City of Port Lions continues to work the Alaska Marine Highway System (AMHS) to ensure that the new dock and ferry terminal will accommodate AMHS vessels that will provide service to the Port Lions community, both now and in the future. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER VAHL MOVED to grant a Similar Use Determination,according to KIBC 17.15.090, that a City Dock and Ferry Terminal use is similar in character and impact to a Utility Installation as permitted in the PL-Public Use Land zoning district as provided in KIBC 17.130.020.P, and to adopt the findings in the staff report dated March 11, 2013 in support of this case. Discussion FINDINGS OF FACT-SIMILAR USE DETERMINATION [1] The community support shown for this project is evidence of a common public benefit that will result from this proposed transportation project that will connect the community of Port Lions to the community of Kodiak and the Alaska Road System, in a more substantial way than the limited and more costly air services currently serving the community. This makes the proposed use analogous to a Utility Installation as provided for in KIBC 17,130,020.P. [2] The City of Port Lions will own, operate and maintain the new dock facility in much the same way that they currently manage their own small boat harbor and cargo dock facilities. Users will pay fees set by the local government in order to sustain the facility and this is also similar to way in which a utility is expected to operate. ROLL CALL VOTE ON MOTION B) Case 13-023. Request the initiation of a Rezone, according to KIBC 17.205.030.B, by the NIB Planning and Zoning Commission upon its own motion, for a requested rezone from RR2- Rural Residential Two to the PL-Public Use Land zoning district for 3.92 acres adjacent to the Port Lions Landfill Site, to be developed and used as a Sludge Lagoon as proposed by the Alaska Native Tribal Health Consortium.The applicant is the City of Port Lions and the agent is Kathryn Adkins,City Clerk&Grants Coordinator. The location is a portion of Tract 6, Port Lions 1st Addition.The zoning is RR2-Rural Residential Two. Lydick reported this rezone request supports the City of Port Lions' efforts to address pressing community health and safety concerns. Partnering with the Alaska Native Tribal Health Consortium, the City is proposing to develop a sludge lagoon on City owned lands. The completed lagoon will accept the septic solids and sludge from community septic tanks. The development of such a public utility in rural Alaskan communities takes time, coordinated efforts, and perhaps most importantly, astute leverage of available funds. The Planning & Zoning Commission is in a position to advance this project by initiating a rezone investigation on its own motion. By doing so, the commission can express its support for the improvement project, and, will preserve critical funds for other contingencies as the project advances. Staff recommended that the Commission initiate a rezone from RR2-Rural Residential Two Zoning District to PL-Public Use Zoning District, and a related site plan review, as requested in the City of Port Lions Resolution No. 13-2. March 20, 2013 Page 9 of 12 P&Z Minutes In response to COMMISSIONER SCHMITT'S inquiry in the 3rd line of the motion shouldn't it be sufficiently instead of sufficient, Lydick stated he's correct and said it should read "for use as a sewage lagoon and to incorporate a site plan review with the proposed sewage lagoon if plans are sufficiently developed to allow a reasonable review of the proposed utilities installation use." Perhaps it would read better if we bifurcated that motion so we aren't assuming the site plan is going to take place the same evening as the rezone, because as written that recommendation would lead someone to believe that both actions are going to take place at the same evening's review. In response to COMMISSIONER SCHMITT'S inquiry that the purpose of doing this for us is so Port Lions doesn't have to pay the fee primarily for the rezone, is that correct? Lydick stated that's correct. In response to COMMISSIONER SCHMITT'S inquiry would they have a fee for the site plan review? Lydick stated he believes there would be if they are separate items. In response to COMMISSIONER SCHMITT'S inquiry if we can initiate a site plan review, is that what we are trying to do? Lydick stated he believes that's what they are trying to roll it all into one and to basically give them both for the same fee which we have been able to do in past cases. If there are concerns about the development plans being sufficiently developed for a review the commission can always schedule this for a later date. COMMISSIONER SCHMITT MOVED to initiate a rezone investigation for a 3.92 acre parcel of land adjoining the Port Lions Landfill Site for use as a Sewage Lagoon and to incorporate a site plan review of the proposed sewage lagoon if plans are sufficiently developed to allow a reasonable review of the proposed Utility Installation use. Discussion of the 2 actions; one being a rezone which requires assembly review,and the other they can initiate over the counter typically, is that correct? Lydick stated they can request the site plan over the counter but the site plan is going to be required. He thinks if it comes through staff would recommend that we take them up at the same time even if we have to roll it back 30 days or so to get sufficient information for you to look at as far as the site plan goes. If approved as recommended the case will appear on the commission's May 15th, 2013, regular meeting agenda. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Alternate P&Z Representative to the Parks&Recreation Committee CHAIR TORRES stated we normally had an alternate P&Z rep to the Parks& Recreation Committee and with the resignation of COMMISSIONER WATKINS we no longer have an alternate. COMMISSIONER SCHMITT said he can't always attend all the meetings. If there is anyone who would like to fill the alternate seat he would take names and go from there. There were no volunteers. COMMISSIONER SCHMITT said it's an ex-officio position. They are getting into the parks now so it's a good way to recognize their good efforts. COMMUNICATIONS A) January Planning&Zoning Commission Results Letters B) Letter of Courtesy & Advisory Re: The Use of a Recreational Vehicle as a Dwelling Unit Dated January 14, 2013 C) Letter of Courtesy&Advisory Re: Board of Adjustment Affirming P&Z'S Decision Dated January 28, 2013 D) Letter of Courtesy&Advisory dated February 13, 2013 E) Letter re: Board of Adjustments Results Letter CHAIR TORRES went through the communications items. COMMISSIONER VAHL MOVED to accept communications as presented. March 20, 2013 Page 10 of 12 P&Z Minutes VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • April 10, 2013 work session at 6:30pm in the KIB Conference Room. • April 17, 2013 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • January 8, 2013 Parks& Recreation Committee • January 22, 2013 Parks&Recreation Committee C) Abbreviated and Final Approval - Subdivisions CHAIR TORRES went through the reports items. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Frank Peterson thanked the commission and he's happy to be on board and happy to learn. He's looking forward to working with each and every one and staff. Kathy Drabek welcomed Peterson. Sonny Vinberg welcomed Peterson also. Alan Schmitt also welcomed Peterson and believes he'll be a good asset to the commission. Schmitt will be gone for the April work session and regular meeting. Schmitt would also like staff to research Scott Arndt's comment that State law requires a 10 foot separation between sewer and water lines. Rick Vahl said regarding the construction, it's that season and our cases this month shows that with the subdivisions and development in the near future.Also the rezone we approved tonight, anytime we can assess a property and allow for a rezone that can encourage more commerce is great and he appreciates staff and the good staff reports. Alan Torres welcomed Peterson also. He's been reading a lot on the bylaws and he thinks in Article VII, Section B, he thinks it's supposed to be chairperson of the commission, not or the commission. I think we can correct that administratively. Smith said she will look into it and let them know but you approved it and so did the Assembly. She will look into it. Alan Torres also said he met with Duane Dvorak and talked about instituting a work session agenda and Dvorak was going to look into it which will probably require some bylaw changes but basically with the work session agenda would allow non-public hearing case comments at the work session on. Another thing it would add is before we get into the packet review, items for discussion. He's heard for years that we're the Planning &Zoning Commission and we don't do much planning so with this work session agenda, if we incorporate it and have those items for discussion before we go into packet review it would kind of force an agenda setting so we could put topics for discussion outside of the packets. Dvorak is looking into it. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. CHAIR TORRES adjourned the meeting at 8:14 p.m. March 20, 2013 Page 11 of 12 P&Z Minutes KODIAK ISLAND BOROUGH PLANNING&ZON COMMISSION Alan Torres,Chair ATTEST By: CC10?1 ( V Tl Cry Sheila Smith, Secretary Community Development Department APPROVED:April 17, 2013 March 20, 2013 Page 12 of 12 P&Z Minutes