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2013-05-15 Regular Meeting • RECEIVED , Kodiak Island Borough Planning & Zoning Commiss io JUL 1 1 Minutes May 15,2013 "BQ1ROOr ktetp mbe s CALL TO ORDER ""D1" nnLLAA$$ CHAIR TORRES called to order the May 15, 2013 regular meeting of the Planning and Zoning Commission at 6:31 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl, Ms. Drabek, and Frank Peterson.Absent was Sonny Vinberg (submitted resignation). A quorum was established. Community Development Department staff present was Martin Lydick, Duane Dvorak, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the May 15, 2013 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER VAHL MOVED to approve the April 17, 2013 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Martha MKinney stated she's here about the public hearing on the rezone at the dump. Dvorak said it was postponed until the June agenda. We had some mapping problems with the mapping notice but it will be before the commission at the June 19th regular meeting. Martha MKinney said she was looking at her notes when Alan amended the first proposal that the dump lands be rezoned to Industrial, and if hadn't been for that amendment and the P&Z Commission supporting that amendment that exempted the greenbelt this would not have protected the landowners on Marmot and Three Sisters. She thanked the commission and stated there were staff errors regarding the greenbelt and regarding the role of the Monashka Bay Road District. If they hadn't stood up in the Assembly meeting this would have been • railroaded through. Her concern along with the concerns of the homeowners along Marmot and Three Sisters has to do with surface water and ground water contamination and we are all on wells and are responsible for the safety of our wells. She has spoken with DEC and the borough is not responsible for our well water. She urged the commission to consider the importance of the greenbelt ordinance. She knows P&Z doesn't have anything to do with the ordinance and would like the commission's support and the community's support that the ordinance be maintained and not changed because we need protection for our wells, this is about water. She thanked the commission. 5/15/2013 P&Z Minutes Page 1 of 11 PUBLIC HEARINGS A) Case 13-023. Request a rezone, per KIBC 17.205.030 B to rezone a Portion of Tract 6, United States Survey 5509, Port Lions from Rural Residential Two Zoning District to PL- Public Use Zoning District, and, a site plan review for the construction of a sewage lagoon on same said parcel, according to KIBC 17.30.020 P. The applicant is City of Port Lions and the agent is Kathryn Adkins, Port Lions City Clerk & Grants Coordinator. The location is a portion of Tract 6, Port Lions 1st Addition, and the zoning is RR2-Rural Residential Two. Dvorak gave a report on the need of a sewage lagoon and an approved site plan. COMMISSIONER SCHMITT MOVED to recommend a rezone, per KIBC 17.205.030.B to rezone a Portion of Tract 6, U.S. Survey 5509, Port Lions Subdivision First Addition from RR2-Rural Residential Two to PL-Public Use Land, and to adopt the findings contained in the staff report dated May 3, 2013 as "Findings of Fact" for this case. There was no public testimony. Discussion REZONE FINDINGS OF FACT A. Findings as to need and justification for a change or amendments. The City of Port Lions need to develop a sewage sludge lagoon in order to comply with ADEC requirements. The Alaska Native Tribal Health Consortium is providing design and construction for the proposed facility and the City of Port Lions is providing the land for the facility. The proposed sewage sludge lagoon will be located adjacent to the existing community landfill which appears to be the most appropriate location for the community which must balance transport distances and availability of land suitable for the purpose. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The 2008 Kodiak Island Borough Comprehensive Plan Update and the 1997 Port Lions Comprehensive Community Plan both indicate this area should be developed for Residential purposes. This site is located adjacent to the existing solid waste landfill which is designated for Public Use so that in this context the rezone appears to be logical expansion of this designated site for a closely related land use. The overall pattern of the plan map is not substantially altered as a result of this change. It should also be noted that although the surrounding site has historically been designated for residential use, this area has in fact served a needed buffer area around these industrial/utility land uses. C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning and Zoning Commission recommend approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to grant approval, according to KIBC 17.130.020.P (Site Plan Review - Utility Installation) for a conceptual site plan on a Portion of U.S. Survey 5509, Port Lions Subdivision First Addition, to allow a proposed sewage sludge lagoon as described in the application materials submitted for this case, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated May 3, 2013 as "Findings of Fact" for this case. There was no public testimony. 5/15/2013 P&Z Minutes Page 2 of 11 During discussion COMMISSIONER SCHMITT read the proposed second condition of approval that he added into the motion. Commission consensus to make sure it's done properly. CONDITIONS OF APPROVAL [1] Site Plan approval does not become effective until the PL-Public Use Land is approved by Assembly ordinance to be applicable on this site. [2) Prior to issuance of a zoning compliance permit for the proposed sewage lagoon, the City of Port Lions present evidence of ADEC approval of the site plan/development plan. Findings of Fact [1] Development of a Sewage Sludge Lagoon benefits the health, safety and general welfare of the residents of Port Lions. [2] The proposed Sewage Sludge Lagoon will help the Port Lions community comply with applicable ADEC sludge disposal regulations. [3] This conceptual site plan review balances the community need for an expeditious review of the proposed Sewage Sludge Lagoon with the need to ensure that the proposed facility is an appropriate fit for the proposed location and development context and there is sufficient information presented to make this finding. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S13-022 (Prior Case No. S92-009). Request Preliminary approval, according to KIBC 16.40, of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060. The applicant is Stanley Ness and the agent is Horizon Land Surveying. The location is 11097 Chiniak Drive & 10906 Middle Bay Drive and the zoning is RR-1 Rural Residential Zoning District. Lydick reported this request wouldn't be before the commission absent the requested utility easement vacation. The lot line adjustment and utility easement vacation was approved by the commission 21 years ago in a non-controversial decision. Unfortunately, the applicant didn't complete the administrative process within the required time frame and is requesting permission to proceed with the utility easement vacation again. As before staff hasn't identified any issue of concern related to this request. Staff recommended approval of this request subject to 1 condition of approval. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per K1BC 16.60.060, subject to one (1) Condition of Approval, and to adopt those findings in the staff report dated May 3, 2013, as Findings of Fact for Case No. S13 - 022. There was no public testimony. CONDITION OF APPROVAL [1] The vacation of a platted utility easement must be approved by the Kodiak Island Borough Assembly, per Section 16.60.060 A (Additional Approval Required) of the Borough Code. 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. 5/15/2013 P&Z Minutes Page 3 of 11 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 C) Case 13-028. Request a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Officer. The location is NHN Panamaroff Creek Drive and the zoning is C-Conservation. Lydick reported this request continues the effort to respond to the Assembly's direction to identify public land suitable for disposal and then to offer those lands to the public for development through assorted marketing mechanisms. Borough staff previously identified 3 possible candidates for disposal in the immediate area of this request. The commission confirmed the disposal possibilities with their decision in Case 13-002. The request for rezone represents an adjustment of existing district boundaries. Staff recommended approval subject to 1 condition of approval. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020, subject to one (1) Condition of Approval, and to adopt those findings in the staff report dated May 3, 2013, as Findings of Fact for Case No. 13-028. The public hearing was opened, and public testimony was given by: Bob Scholze, Borough Resource Officer, stated his comments refer more to the subdivision case but if there is to be a postponement on the subdivision case it would also make sense to postpone this case along with it so we would know the boundaries of the zoning based on whatever adjustments might be made to that case. COMMISSIONER SCHMITT asked Scholze if a month would be enough time and Scholze replied he thinks he could have addressed these things had he been at the work session so a month would be sufficient. The public hearing was closed. COMMISSIONER SCHMITT MOVED to postpone this case to our June 19 regular meeting. ROLL CALL VOTE ON POSTPONEMENT MOTION CARRIED UNANIMOUSLY D) Case S13-023. Request Preliminary approval, according to KIB 16.40, of the Subdivision of Lot 1 United States Survey 2539 creating Lots 1 & 2 Kashevarof Heights Subdivision & the Remainder of Lot 1 United States Survey 2539. The applicant is Kodiak Island Borough and the agent is St. Denny Surveying. The location is NHN Panamaroff Creek Drive and the zoning is C-Conservation. Lydick stated this request continues the effort to respond to the Assembly's direction to identify public lands suitable for disposal and is the companion case to Case 13-028 which initiates a rezone of the identified disposal candidates. Several aspects of the subdivision as proposed have caused considerable consternation for reviewing staff. The utilization of flagstem access with an overlay easement for road development existing right of way and proposed easement profile alignment and the lack of suitable accommodations for utility, service, and emergency vehicles are examples of concerns for staff. To a certain extent these concerns may be attributed to different priorities of borough departments. However per KIBC 5/15/2013 P&Z Minutes Page 4 of 11 16. 10.010.C, the purpose of the subdivision code is to provide for reasonable consideration of adopted borough plans and regulations and per 16.10.010.A to provide for minimum standards, therefore, as long as the subdivision meets the minimum technical requirements the Community Development Department is prepared to accord a sister department the same degree of deference a private applicant would receive. Staff recommended approval subject to 8 conditions of approval. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the Subdivision of Lot 1 United States Survey 2539 creating Lots 1 & 2 Kashevarof Heights Subdivision & the Remainder of Lot 1 United States Survey 2539, subject to eight (8) conditions of approval, and to adopt those findings in the staff report dated May 3, 2013, as Findings of Fact for Case No. S13 - 023. The public hearing was opened and public testimony was given by: Bob Scholze stated there seem to be 2 major questions. Two things related to the service area, first had to do with an election would be required to expand the service area. We have got an opinion to the affect that no, there would not be in this case, it could be done by Assembly Ordinance for reasons there are no voters in this area. Unless the Assembly found that the entire service area would be affected by the proposed action there wouldn't be a requirement to have an election. The second, dealing with the road service area had to do with providing potential future emergency access to the Chiniak Highway for a number of residents further up Russian Creek Road. For that reason it does make more sense if this is dedicated as road right of way, the entirety does not have to be dedicated at this time but the portion in front of the lots currently shown on the existing preliminary plat as a 40 foot wide road easement might make more sense. It would probably be more preferable to the road service area to have that dedicated as right of way. That would require the plat be postponed and brought back as a re-designed plat and then we can address anything else that comes up at that time. Dave Conrad who is with the Womens Bay Service Area Board stated and he thanked staff for their clarification on the fact that the assembly can modify this and not go to an election. The time our comment letter was written that was the understanding based on past expansion of the service district and bringing other properties into the service area. Right now we agree with staff's comments and agree with Mr. Scholze comments about the road right of way issue. We think that is the right thing to do, and he's changing hats to Assistant Fire Chief here, is there should be some reference to the Fire Service Area also being expanded as well as the Road Service District because we're in the same situation if that doesn't happen. If it's treated as 2 separate service districts, fire and road that would mean that these properties would pay a road service tax and not a fire service tax, that was our original concern in our letter that we sent to the commission. COMMISSIONER SCHMITT stated he thinks that letter came from the road service district, not the fire service district so put it in writing. Dave Conrad said that was his error but he caught it tonight. We operate as one board so consequently that's why the letter was written that way but you are correct, if I need to put something in writing I can do that. COMMISSIONER SCHMITT asked if Conrad had got a packet for this particular case and if you look at page 3 of 4 of the appendix. Do you see the area with the red line around it, the potential there's an old military road there that in some sense connects with Chiniak Highway? As he understands it the idea is to keep that in borough ownership so that in the future it could be included as a connector. 5/15/2013 P&Z Minutes Page 5 of 11 Conrad stated that's correct and it was marginally improved 2 years ago when associated with a FEMA upgrade or State upgrade on the culvert underneath the highway. The borough granted permission to Brechan Enterprises to do an upgrade so it could be used as a transit while the highway was closed. If or when there is an incident there are a couple of hillsides that could potentially come down that would block the existing South Russian Creek Road. This would be an emergency at this point and the only alternate access out of there for the residents so we think that's a viable request. The other thing is since that was done the fire department had been designated the keeper of the gates so to speak because there are gates at either end.Yes, it should be considered to be kept in borough ownership. The public hearing was closed. COMMISSIONER SCHMITT MOVED to postpone this case to our June 19, 2013 regular meeting. ROLL CALL VOTE ON POSTPONEMENT MOTION CARRIED UNANIMOUSLY E) S13-021. Request Preliminary approval, according to KIBC 16.40, to allow the subdivision of Lot 2A, Block 1, Holland Acres, 1st Addition, creating Lots 2A-1 through 2A-7, Cottonwood Cove Subdivision. The applicant is Art & Arlene Zimmer and the agent is St. Denny Surveying. The location is 170 Island Lake Road and the zoning is B- Business. Dvorak reported 31 public hearing notices were sent out related to this request and no comments were returned. We did receive 5 agency letters in response, 3 of which resulted in conditions of approval. This subdivision is similar to the one seen earlier this year, that subdivision was more complicated and quite a few building were to be removed in order to make it possible to finalize the plat. This new design reduces the number of lots to 7 and eliminates to flaglots. They propose to keep most of the buildings but you can see on the plat where they would remove buildings so the lot lines could be unencumbered. Staff recommends approval subject to 6 conditions of approval. Three of the conditions relatively minor having to do with the plat itself, numbers 2, 3, and 6 we talk about renumbering the lots by dropping the 2A before each lot number because they've renamed the subdivision to Cottonwood Cove. A plat note is required prohibiting future subdivision of Lot 6 when it's renumbered, correcting the title block, the other 3 conditions: number 1 is providing easements requested by KEA. KEA's comment is very similar to the one provided in the prior case, and then 2 conditions with 1 was from the Service District Area 1 Board requiring ditching and culverts in front of Lots 4 and 5, and then Kodiak Public Works comments with regards to water and sewer utilities. A number of the lots are served with a single service that branches off and they would prefer to see those services disentangled so that each lot has its own. We would ask for a letter from the city and they may not necessarily have to do all the work before the plat can be filed but they have to file a plan subject to approval from City Public Works before we would allow the plat to be filed. COMMISSIONER SCHMITT MOVED to grant preliminary approval, in accordance with KIBC Title 16.40 (Preliminary Plat), of the subdivision of Lot 2A, Block 1, Holland Acres Subdivision, creating Lots 1 through 7, Cottonwood Cove Subdivision, subject to the six (6) conditions of approval contained in the staff report dated May 3, 2013, and to adopt the findings in that staff report as "Findings of Fact" for this case. The public hearing was opened. Public testimony was given by: Art Zimmer stated he had a question on number 4 condition. When would the culverts and 5/15/2013 P&Z Minutes Page 6 of 11 ditching be provided, would it be at the time of improvement of the lots or before the final approval. Dvorak stated if it's a condition of approval then it's a condition that has to be met before the final plat can be filed. Zimmer said we'd have locate the place for the culverts to go to accommodate driveways. Dvorak said the last case that came in we referred you to the Engineering & Facilities Department and Dvorak doesn't think they seen a problem but this time the Service Area 1 District Board brought in their comments and made it pretty clear that any discussions about meeting the conditions of approval needs to be worked out with the Service Area 1 Board that submitted the comments. Dvorak thinks if he works out an agreement with the Service Area 1 Board that possibly posting a bond or other assurances to their satisfaction that you could get it recorded before actually and physically installing the improvements. They would probably want to see a schedule and sign an agreement. Zimmer said he doesn't mind putting them in at any point but who is the board. Dvorak said Scott Arndt is the chair of the Service Area 1 District and would be your point of contact. Zimmer said is a permit required? He thought usually when you get a permit to improve property that's the time where the driveway goes and provide any necessary culverts. Dvorak said normally that would be the case and it may be you need to get that driveway/culvert location identified before you get your plat filed in this case but normally it would be as you say when you develop the property. Only these 2 lots are subject to this condition. He told Zimmer to work it out with the service board. The public hearing was closed. During discussion the commission agreed this is a much nicer subdivision. CONDITIONS OF APPROVAL 1. Provide all easements requested by KEA in the letter dated April 10, 2013. 2. Re-number the lots without changing the sequence by dropping the "2A" portion of each lot description. 3. Add a note to the plat that prohibits further subdivision of flag Lots 2A6. 4. Provide written approval by Service District Area #1 Board of the ditching and culverts requested for Lots 2A4 and 2A5 as indicated in the memorandum dated April 30, 2013. 5. Prior to final plat approval, provide a written letter of compliance from the City of Kodiak Public works that all water and sewer utility issues are resolved as discussed in the memorandum dated April 23, 2013. 6. Formally correct the title block by adding "Lot 2A" to the Holland Acres legal description. 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 5/15/2013 P&Z Minutes Page 7 of 11 F) Case 513-007. Request Preliminary approval, according to KIBC 16.40, to amend a note on Plat 84-46, to allow for forest management and other limited uses such as for fire protection and power line protection within the platted green belt on Lot 1, Sawmill Subdivision, and Amendment of a condition of approval, according to KIBC 17.200, for CUP Case 85-067 to allow for forest management and other limited uses such as for fire protection and power line protection with the platted green belt on Lot 1, Sawmill Subdivision. The applicant is Surf & Turf LLC and the agent is Reed Oswalt. The location is 1667 Monashka Bay Road and the zoning is C-Conservation. Dvorak said this case was postponed from October 2012. Staff sent out 39 public hearing notices. We received 3 letters in opposition and 1 letter in favor. Three of the letters came in in October and 1 new letter came in April from a party that had commented earlier. There are 2 requests; one being to amend the plat note for plat 84-46, and the other is to amend a condition of approval. Both the condition and the plat note deal with the same greenbelt issue, which is the 50 foot greenbelt that runs across the frontage of the lot, separating the activities on the lot from the Monashka Bay Road Right of Way. Staff recommended approval which would have the effect of retroactively approving KEA tree trimmings and the incursion into the greenbelt by the fire suppression pond that was added to the property in support of some of the other warehousing land uses there because there's no municipal water in the area there the fire service needs a pond to draft from in order to suppress a building structure fire. Several comments received expressed a desire for more information and it wasn't clear exactly what was being proposed what that might look like. There were concerns expressed about water quality and that sort so staff also recommended a condition of approval to both motions recommended that prior to the initiation of forest management activities a harvest plan including but not limited to planned harvest activities, tree replanting and storm water management shall be submitted to the KIB Planning & Zoning Commission for public hearing review and approval. Staff recommended approval subject to that condition so it gives the community another opportunity to know exactly what is being proposed. COMMISSIONER SCHMITT MOVED to grant preliminary approval, in accordance with KIBC 16.40, for the amendment of a plat note on Plat 84-46, to allow for forest management and other limited uses such as for fire protection and power line protection within the platted green belt on Lot 1, Sawmill Subdivision, subject to one (1) condition of approval, and to adopt the findings contained in the staff report dated October 7, 2012 as Findings of Fact for Case S13-007. The public hearing was opened. Public testimony was given by: Reed Oswalt, agent, stated he wanted in the record that the greenbelt was conceived by himself and he has maintained it, no one else. Had he done this a long time ago it would have cleared a lot of things up. We are going to continue and expand the greenbelt to other areas. It's our intention to have timber around us on at least 3 sides and we'll see what happens on Lot 2 of the borough. The public hearing was closed. Discussion COMMISSIONER SCHMITT MOVED TO AMEND the existing motion to refer to the May 3, 2013 staff report. 5/15/2013 P&Z Minutes Page 8 of 11 PLAT NOTE CONDITION OF APPROVAL 1. Prior to the initiation of forest management activities a harvest plan, including but not limited to, planned harvest activities, tree replanting, and storm water management, shall be submitted to the KIB Planning and Zoning Commission for public hearing review and approval. FINDINGS OF FACT PLAT NOTE 1. The 50 foot green belt is not being deleted from Plat 84-46, but the management of the substantial Spruce tree vegetation within the greenbelt is the subject of this request. 2. The 50 foot green belt requirement does not apply to the adjoining KIB solid waste disposal site or to other C-Conservation zoned parcels, regardless of nonconforming uses that may be existing therein. 3. A condition of approval to require a public hearing review of timber harvest plans will allow the public an informed review of the plan prior to initiation of any planned harvest activities. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION CARRIED AS AMENDED CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to grant an amendment of stipulation #1 for CUP 85-067, according to KIBC 17.200, to allow for forest management and other limited uses, such as for fire protection and power line protection, within the platted green belt on Lot 1, Sawmill Subdivision, subject to one (1) additional stipulation of approval, and to adopt the findings contained in the staff report dated October 7, 2012 as Findings of Fact for Case S13-007. Brief discussion regarding harvesting and replanting of trees. CUP STIPULATION OF APPROVAL 1. Prior to the initiation of forest management activities a harvest plan, including but not limited to, planned harvest activities, tree replanting, and storm water management, shall be submitted to the K1B Planning and Zoning Commission for public hearing review and approval. CUP FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The 50-foot platted green belt will be maintained and only the substantial Spruce trees will be harvested. A harvest plan subject to public review will be required as an additional stipulation of approval in order to ensure the value, spirit, character and integrity of the surrounding area is maintained with regard to the platted green belt. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Green belt is not defined in the borough code so there are no requirements upon which to gauge relative code compliance. The petitioner has not submitted a specific harvest plan so it is difficult for the commission and the public to know exactly what is being proposed in this request. It is therefore determined by the commission that a harvest plan should be submitted for public hearing review before any forest management activities are initiated. The relative gauge of code fulfillment in this case should be whether the request will reasonably uphold the intent of the original CUP that was granted in 1985. 5/15/2013 P&Z Minutes Page 9 of 11 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. It does not appear on the surface that the proposed amendments will be harmful to the public health, safety, convenience and comfort. The harvest of timber from the green belt is bound to affect the aesthetics of the site as viewed from the public right-of-way, however it has been noted that this condition does not apply to other C-Conservation zoned properties or to the adjoining KIB solid waste disposal site. The commission and the public should have a better idea of the impact to aesthetics when a harvest plan is submitted for public review by the commission prior to the imitation of any forest management activities. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Lot 1 Sawmill Subdivision exceeds the C-Conservation zoning district's minimal size requirement of 5 acres and 250 feet of lot width. In addition, the 50 foot platted green belt will still be providing additional setback along Monashka Bay Road within which no structural development or additional access drives are to be allowed. 5. The proposed use or structure is located in a manner which will maximize public benefits. As a private development this finding is not applicable to the case. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was none. NEW BUSINESS There was none. COMMUNICATIONS A) April P&Z Results Letters B) Letter of Courtesy&Advisory dated April 10, 2013 C) P&Z Letter of Resignation Lydick gave a brief report on the communications. COMMISSIONER SCHMITT MOVED to accept communications as presented with the exception of the letter from Mr. Vinberg which is accepted with regret. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • June 12, 2013 work session at 6:30pm in the KIB Conference Room • June 19, 2013 regular meeting at 6:30pm in the Assembly Chambers B) Minutes of Other Meetings • February 26, 2013 Parks & Recreation Committee • March 26, 2013 Parks & Recreation Committee CHAIR TORRES gave a brief report on reports. COMMISSIONER SCHMITT said he will be gone for the June work session but will be back for 5/15/2013 P&Z Minutes Page 10 of 11 the regular meeting. COMMITTTEE MEMBER PETERSON stated he'll be out of town June 12th for the work session and back for the regular meeting COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT brought a typo to the secretary's attention. Smith said she will make that correction. AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Rick Vahl said he's glad we postponed the 2 cases regarding the areas in Womens Bay and looks forward to having more information on that. Kathy Drabek reiterated the comments about Sonny Vinberg, he will be missed very much on the commission, and the last comment is she's not aware if the phone system has been fixed but she has many difficulties getting through to Sheila Smith's voicemail and she's left messages at IT to fix the situation. You press certain buttons to reach certain members of the department but you get in a loop trying to reach Smith. Alan Torres said he was happy to see the 2 Bells Flats cases postponed and also happy to see the Service District and Resource Management are coming together. The rezones are a political process and he thinks so we can base our decision on public input and with the Service District, they are an elected body from that service area so he thinks we need to put a lot of heed in their comments. He's glad to see they are working it out. At our next meeting we need to do the process for a vice chair since Sonny Vinberg left. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. CHAIR TORRES adjourned the meeting at 7:47 p.m. KODIAK ISLAND BOROUGH PLANNING ZONING COMMISSION Alan Torres, Chair ATTEST By: c)Thi tc5nn t Pt2J Sheila Smith, Secretary Community Development Department APPROVED: June 19, 2013 5/15/2013 P&Z Minutes Page 11 of 11