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2013-06-19 Regular Meeting Minutes for A..ro . ':RECEIVED KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSI ,N OCT - 3 2013 MINUTES June 19.2013 :•3O.p. 1,4 , Gerriftepg It. KODIA , Jt N CALL TO ORDER ��� CHAIR TORRES all to order the June 19,2013 regular meeting of the Planning°.Y"Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Tonnes,Alan Schmitt, Rick Valli, Kathy Drahek, and Frank Peterson. A quorum was established. Community Development Department staff present was Martin Lydick and Jessica Kilborn (Clerk's Office) stood in for Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the June 19, 2013 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the May 15, 2013 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUS!,Y AUDIENCE COMMENTS AND APPEARANCE REQUESTS Teresa Butts started to make comments but CHAIR TORRES explained that when the public hearing is opened for her case then she can give public testimony. Jaime Godwin called in to read George Kirk's comments on Case 13-029. She stated he's opposed to the rezone request of 190 Trident Way, Near Island. He did not buy the property because of the zoning not meeting his business plans. He paid more money for the property he now owns because of the B-Business zoning it currently is and the opportunity it has for more varied business plans. Rezoning this property is unfair competition on his business plans for far less money if you up this property from RB-Retail Business to B-Business it would only be fair to up my property to I-Industrial. PUBLIC HEARINGS A) Case 13-027. Request A rezone, according to KIBC 17.205.030.A to investigate the rezone of the remainder portion of the KIB Landfill Tract from a combination of C-Conservation and PL-Public Use Land Districts to the NU-Natural Use District; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use Land to NU- Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (KIB Ord. No. 98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda). The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Officer. The location 1203 and 1931 Monashka Bay Road and the zoning is C-Conservation; PL-Public Use Land Lydick reported this rezone request is an outgrowth of the previous Case 13-012 which rezoned the active landfill boundary from Conservation to Industrial. The use of the remainder tract and the appropriate zoning designation to apply to it has become a topic of community concern. Complicating a zoning discussion is the issue of an existing overlay zone designated by separate ordinance, known as the greenbelt. With the aid of Bob Scholze, Borough Resource Officer, there is a platted easement and access from Harbor Way to the abutting landfill tract. That tract # of record is 74-29 that shows the easement platted at the end of Harbor Way. So long as the greenbelt is maintained with only minimal adjustment to remove the portion overlying 6/19/2013 P&Z Minutes Page 1 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 the Industrial zone the impact of this rezone should be minimal. One-hundred public hearing notices were sent out and 14 written comments were received responding to this request. Staff recommended approval and recommended amending Ordinance 98-06 to remove that portion of the greenbelt overlying the Industrial zone. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 A, to rezone the remainder of the KIB Landfill Tract from a combination of C-Conservation zoning and PL-Public Use Land zoning to NU-Natural Use Land zoning: and, To rezone Lot 2, Sawmill Subdivision from PLC Public Use Land zoning to NU-Natural Use Land zoning, and to adopt those findings in the staff report dated June 6.2013, as Findings of Fact for Case No. 13-027. CHAIR TORRES declared a conflict of interest. Being the Landfill Supervisor and being in disagreement of management of this case he feels he has a big conflict that could be financially related. VOICE VOTE ON CHAIR TORRES'CONFLICT OF INTEREST CARRIED 4-0. CHAIR TORRES relinquished the gavel to VICE CHAIR SCHMITT. Close regular meeting & open public hearing: Douglas Pengeli stated he's here to commend how this turned out working with the road service and borough. It provides stability and zoning for this area and the use of this area. It's consistent with the Comp Plan as adopted with the Kodiak Trails Plan which has a trail system through here. It gives the landfill what it needs, it gives the stability in zoning, and it preserves Natural Use recreational areas. He also supports the investigation of putting the Lot 2, Sawmill Subdivision into Natural Use. It would also provide the zoning stability, the use of that land, and recreation potential. Martha MKinney thanked COMMISSIONER SCHMITT for the amendment he did last fall and without the involvement of the Road Service District the residents on Marmot and Three Sisters would have had Industrial up to their doors. She's concerned about the language staff used about considering amendments to the greenbelt ordinance and she feels the greenbelt ordinance is critical in perpetuity to maintain the protection of our surface and ground water. She supports this because it's asking to rezone the land out of the greenbelt for the leachate system. She's concerned about stall coming to you in the future wanting a landscape buffer around the greenbelt, around the landfill, and get rid of the greenbelt because there's no language defining what a greenbelt is. It protects the residents. Jean Dixon concurred with what Martha MKinney and Doug Pengeli and said she appreciates the rezoning to Natural Use. She has concerns about rezoning the greenbelt and what it means because she lives right by it and it is an important buffer for the drinking water. She appreciates the Monashka Bay Road Service for stepping up and being a source for us to make sure certain things don't happen. Close public hearing& open regular meeting: Discussion of the hopes that staff will present an actual subdivision plan for this parcel with actual lots. Rezoning Sawmill Subdivision ultimately would be included in the new subdivision so it's a part of a single tract of land. Other people could have access to the beach and the trails that could ultimately be developed there. Lydick confirmed there is a public access easement that allows access to the land. He sees it as an asset to the borough and not only to the neighbors. The Natural Use zoning district was established for the purpose of protecting the natural environment including fish and wildlife habitat and water quality and quantity. It seems to be the best zoning for the area. The public testimony regarding the greenbelt is what stimulated a lot of the conversation with the road service district because when the landfill was looking at cutting down trees and encroaching on that boundary they had to go to the road service district for approval and that started the conversation. FINDINGS OF' FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The borough needs to maintain some or all of the remainder of the KIB Landfill Tract and Lot 2, Sawmill Subdivision for a greenbelt buffer to mitigate the day-to-day impacts of landfill activities and commercial activities on Lot I, Sawmill Subdivision from affecting residential properties in the general area. 6/19/2013 P&Z Minutes Page 2 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 The borough land surrounding the current Industrial zoned landfill site also provides for some recreational use at the present time and this potential could be further realized if this area and Lot 2, Sawmill Subdivision were properly zoned and managed for recreation purposes. 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 generally 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 4-0. COMMISSIONER VAFIL MOVED to refer the matter of revising Ordinance No. 98-06 to a meeting of the Monashka Bay Road Service Area Board where a compromise revision can be worked out that address the concerns of the majority of local residents and that recommendation can be brought back to the Assembly for consideration on a subsequent Assembly meeting agenda. During discussion regarding the intent behind the initial motion was to carve out of Ordinance 98-06 that small section where the water treatment plant is now going and if we had a subdivision we could make it real clear by referring to the particular lot. On page 3 of 12 of the public comment section there's that small section that's underneath the big block-Kodiak Island Landfill Tract, that's currently part of Ordinance 98-06 but the property has been rezoned so the commission is making it clear to take that part out but otherwise no other changes to the ordinance. By this motion it goes directly to the Assembly. ROLL CALL VOTE ON MOTION CARRIED 4-0. The gavel was turned back over to CHAIR TORRES. B) Case 13-029. Request a rezone, according to KIBC 17.205.030.C, to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. Lydick reported this rezone request will allow a more intensive use of the subject property than allowed within the Retail Business designation. The nature of the new uses and the manifestations on the ground was not disclosed on the application. Because the borough doesn't have a contract zoning mechanism, all uses within the requested zone that is Business will be allowable subject only to the performance standards as listed in KIBC I7.90.050A-C. Staff used this rezone request for a modest adjustment to existing zoning district boundaries. Seven public hearing notices were sent out and no written comments were received by the deadline. One written comment was received after the comment deadline, if the commission wishes to review and consider that comment a postponement is in order. Staff recommended approval of this request. In response to CHAIR TORRES' inquiry regarding the comment submitted late was that the one read during audience comments, Lydick stated yes, it was. COMMISSIONER SCHMITT MOVED to recommend the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business, and forward this case to the Kodiak Island Borough Assembly with a recommendation for approval, and to adopt those findings in the staff report dated June 7, 2013, as Findings of Fact for Case No. 13-029. The public hearing was opened & closed: There was no public testimony. During discussion COMMISSIONER SCHMITT thanked staff for putting side by side the differences between Retail Business and Business zoning districts, and he like the map on page 68 that shows the surrounding zoning and this particular lot is adjacent to an area already zoned Business. Could the applicant's goals be met by a Conditional Use Permit instead of a rezone? (Inaudible) A machine shop, the fabrication of fishing gear and machine parts, it's a machine shop which is not a conditional use in the Retail Business zoning district, but is an allowed use in the Business zoning district Lydick stated they could request a Conditional Use with the current zoning. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The applicant in this case has identified an underserved constituency with demands for goods and services 6/19/2013 P&Z Minutes Page 3 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 not explicitly permitted in the RB-Retail Business Zoning District. The efficient delivery of such goods and services is best enhanced by a location in the closest proximity available to the point of consumption, which is the harbor. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This request for rezone is consistent with the 1987 Near Island Comprehensive Development Plan This request for rezone is consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B — Business Zoning District will work towards achieving goals and objectives identified in the 2008 Plan. Rezoning the subject parcel to the B — Business Zoning District would represent the adjustment of an existing district's boundary only, not the introduction of a new zoning district. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. This recommendation supports the change to an existing land use district boundary only. The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island Borough Assembly approve this rezone request. ROLL CALL VOTE ON MOTION CARRIED 5-0. C) Case S13-024. Request preliminary approval, according to KIBC 16.40, of the replat of 1, 2A & 2B, Block 9 Miller Point Alaska Subdivision First Addition, and Lot IA, Block 6, Miller Point Alaska Subdivision to create Lot 2B-1, Block 9, Miller Point Alaska Subdivision First Addition and North Star School Tract, Block 6, Miller Point Alaska Subdivision; and, Vacation of a 20 foot utility easement along the line to be eliminated between Miller Point Alaska Subdivision First Addition and Miller Point Alaska Subdivision. Lydick reported the preliminary subdivision review request is for the purpose of formalizing the lands disposal approval granted by the commission Case 13-014. The Assembly affirmed the commission's recommendation for disposal with Resolution FY2013-20 on January 3, 2013. The plat submitted for review exceeds the scope of the original request reviewed by the commission. Whether this is enough to trigger a separate review as allowed in KIBC 17.130.020 is left to the discretion of the commission. Fifty-three public hearing notices and 15 review agency notices were sent. Two agency review notices were returned commenting on the request with one agency requesting nullification of the disposal decision and a major re- design of the preliminary plat including rights-of-way connecting Mallard Way to Antone Way through the newly designated Northstar School Tract. Staff recommended approval subject to 5 Conditions of Approval. COMMISSIONER VAN MOVED to grant Preliminary approval, according to KIBC 16.40, of the replat of I, 2A & 2B, Block 9 Miller Point Alaska Subdivision First Addition, and Lot IA, Block 6, Miller Point Alaska Subdivision to create Lot 2B-I, Block 9, Miller Point Alaska Subdivision First Addition and North Star School Tract, Block 6, Miller Point Alaska Subdivision; and, the Vacation of a 20 foot utility easement along the line to be eliminated between Miller Point Alaska Subdivision First Addition and Miller Point Alaska Subdivision, and to adopt the findings of fact in the Staff report dated June 7, 2013 as Findings of Fact for Case No. S13-024. The public hearing was opened. Public testimony was given by: Scott Arndt, representing Service Area District I, stated it says in comments "with talking with Bob Scholze, Borough Resource Officer, we learned that the Service Area I Board was left out of notification apart from this property being declared surplus" so we were never were able to comment on it and we're hoping to rectify that. Then we received the subdivision notification and we considered this at the April 24's board meeting and reconfirmed our decision on May 28th that was unanimously approved to recommend to the borough that they not surplus the property at Antone Way and Mallard Way but to come up with a road design and right-of-way continuing Mallard directly on to Antone using property the borough currently owns. Originally, Lot 2A & 2B were purchased for the purpose of providing access on Mallard Way through to Antone, and parking due to inadequate parking for the school tract. The lot that Mr. Van Dade got was surpluscd so a straight shot through to Mallard Way was lost. Now the surplus of this property precluding any chance of dedicating the property to go through: it would create an S curve through what is the drainage casement. We leel it's inappropriate to surplus this. 6/19/2013 P&Z Minutes Page 4 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 Larry Van Dacle, applicant, stated with regard to Mr. Andt's comments he doesn't think it would be practical to do what he's suggesting. The S curve that goes around the school now would take a lot of fill to make it up to grade; it would be easier to scoot it towards the school itself. The easement along the Lilly Drive newly designed cutoff road, when he submitted this proposal he put a 20 foot easement around that so that if someone wanted to have that road they still could and not have to infringe on what he's asking for. If there's a strong need for a road like the service district is requiring it can still be done with this proposal. Brought up in the work session last week, the sub-straight of that cut off road is marginal, as he understands it was put in with a lot of root wads and other things that would decompose over time. Bob Scholze, Borough Resource Officer, wanted to clarify and said he talked to the chair of Service District I and regarding notice it was an oversight. Mr. Van Dacle's lot was transferred from Mr. Suydam to Larry Van Dade. At the time of the subdivision in 1996 the Service Area I did get an agency review notice and there was no response in the file regarding any right-of-way improvements. Yesterday the building official issued a stop work order for fill going in adjacent to the borough tract and property kitty corner to Mr. Van Dacle's property. It's identified as lot 6A you can see on the 2id page of your packet: in fact you can see the fill in the photo that has been going on for quite a few years There are more drainage issues even more than we thought to address. Scholze recommended postponement for a month so we can deal with that issue. In response to COMMISSIONER SCHMITT'S inquiry you said at the work session that you didn't object to the idea that's encompassed in the plat to eliminate what was Lot I, Miller Point Alaska basically incorporating it into the school tract, is that correct, Scholze, Borough Resource Officer, replied that's correct, he didn't object to that and it was a suggestion from the Service Area Board Chair. It makes sense because it was purchased for school purposes. There was a fill permit issued a number of years ago and the property owner went beyond what was permitted hence the stop work order yesterday. The commission does have, as the platting authority to scale that down and reserve more land of the designated disposal area for either access or drainage if the case is made. Close public hearing & open regular meeting: During discussion COMMISSIONER SCHMITT stated regarding a significant portion that doesn't have a swale and should cover any drainage issues and it would still require an S curve. CI-IAIR TORRES supports a postponement due to it being a drainage issue for many years. COMMISSIONER PETERSON feels we need all the information. COMMISSIONER PETERSON MOVED to postpone Case S13-024 to the next regular meeting of the Planning&Zoning Commission. ROLL CALL VOTE ON MOTION CARRIED 5-0. Lydick asked the commission what specific information is the commission requesting to review at the next regular meeting. Commission consensus that the Borough Resource Officer is going to look into the drainage issue and come back with recommendations. The commission would like to hear any new information that Service District I may have and their recommendations on fixing the drainage issues. 0) Case S13-027. Request Preliminary approval, according to KIBC 16.40, of the subdivision of Lot 3, Kalsin Bay Estates, creating Lots 3A,3B and 3C, Kalsin Bay Estates. Lydick reported this subdivision request is the 3"' iteration to be submitted for commission review. The 2 previous subdivision designs eventually received commission approval with multiple conditions attached but the applicant wasn't able to finalize the approved designs. Located at the head of the bay on low lying ground the susceptibility of development on the lots to incur significant damage due to flooding or tsunami events was a principle concern of previous commissions. The current design with just 3 lots proposed reduces the potential loss from such events but does not eliminate the possibility. Staff recognizes that such loss potential exists throughout the Kodiak Island Borough but feels such potential loss in and of itself is insufficient reason to deny the request. Sixteen public hearing notices and 12 review agency notices were sent out. Two agency review comments were returned with one agency requesting continuing collaboration between the applicant and the agency as the subdivision design progresses through to finalization. Staff recommended approval subject to 5 Conditions of Approval. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates, creating Lots 3A, 3B, and 3C, Kalsin Bay Estates, subject to five(5) conditions of approval, and 6/19/2013 P&Z Minutes Page 5 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 to adopt the findings of fact in the staff report dated June 7, 2013, as Findings of Fact for Case No. S I3-027. Close the regular meeting& open the public hearing. Public testimony was given by: Grant Shields, agent, stated he thinks they came up with a plan where they can meet the conditions quickly. In regards to the requested conditions of approval identified at the work session Shields submitted the following documentation to the department manager and went over the list based on the last 8 years of work already completed; he feels the information to currently requested conditions that may be removed and/or modified due to the previous work completed on the subject property. Now with the new proposed plat he thinks the commission will find these conditions can be met. We still have some work to do but not as much. He hopes this documentation will clarify most of the aspects of the current requested conditions. He gave some to staff and the commissioners can get one from staff. The public hearing was closed & the regular meeting was opened: CHAIR TORRES asked Lydick regarding if we vote on this and it passes with these 5 conditions with the packet he presented to staff that would just go to meeting the conditions, Lydick stated if you left all the conditions as is he believes that the documentation that Mr. Shields submitted will go a long way toward meeting those conditions as written. It is his understanding that past practices have left it up to the discretion of the department whether or not these types of submittals meet that standard that we're looking for in those conditions. Absent a direct amendment to the motion that requires the commission to review the submissions prior to the finalization of the plat. That's the process we would use, we would use departmental discretion is whether or not the conditions have been met. COMMISSIONER SCHMITT said he would make a note for the record and the documentation meets with it but somewhat ties in with an earlier case of the aerial photos. He's specifically looking at page 3 of 3 in the Introduction; it's an aerial photo that has in red the perimeter of the property. It shows in the top portion the old roadway that's still platted but it also shows a trail running down to the river. He mentions that because Condition #5 says the subdivider shall coordinate with the ADF&G the creation of a public access easement on the uplands side of the public waters within the plat sufficient to ensure public access to public waters and describe that easement on the final plat. He doesn't know if that road is going to be on state land or private land or that access easement but it's going to be tip to ADF&G to make that call. We have a fairly recent note from Fish & Game specifically making this requested dated June 4, 2013. It needs to be resolved in coordination with ADF&G. CONDITIONS OF APPROVAL 1. Prior to final plat approval, the subdivider will have the site investigated by a qualified soils engineer to certify that all of the proposed lots have access to adequate potable water supply and are capable of sustaining an on-site septic system that complies with A DEC regulations. 2. If any lot requires an engineered system to comply with ADEC regulations a plat note shall he required to he placed on the final plat denoting this condition for the affected lot(s). 3. Obtain written approval of the access / utility easement design and construction from the State Fire Marshal. This is the City of Kodiak Fire Chief for the Kodiak "Road System" by agreement with the Kodiak Island Borough. 4. The subdivider shall coordinate with the Alaska Department of Fish & Game the accurate portrayal of the of the ordinary high water mark of the public waters within the boundaries of the plat and delineate that boundary on the final plat. 5. The subdivider shall coordinate with the ADF&G the creation of a public access easement on the uplands side of the public waters within the plat sufficient to ensure public access to public waters and describe that easement on the final plat. FINDINGS OF FACT I. 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 TOTE ON MOTION CARRIED 5-0. E) Case 13-028. Request a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot I United States Survey 2539 from C - Conservation Zoning District to RR-I Rural Residential Zoning District, 6/19/2013 P&Z Minutes Page 6 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 according to KIBC 17.205.020. Lydick reported this rezone request continues to respond to the Assembly's direction to identify public lands suitable for disposal and to offer those lands to the public for development. Borough staff had previously identified 3 possible candidates in the immediate area of the request. The commission confirmed the disposal possibilities with their decision in Case 13- 002. This request for rezone represents an adjustment of existing district boundaries and not a whole scale repudiation of the existing or an introduction of a new zoning scheme. Nine public hearing notices were sent out. Staff recommended approval of this request subject to I 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 I 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 (I) Condition of Approval, and to adopt those findings in the Supplemental Memorandum dated June 7,2013, as Findings of Fact for Case No. 13-028. Close the regular meeting& open the public hearing: Bob Scholze, Borough Resource Officer said obviously this rezone would apply specifically to the lots that would be created by the preliminary plat which is the next case. CONDITION OF APPROVAL I. The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. 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(s) 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. This recommendation supports the change to an existing land use district boundary only. ROLL CALL VOTE ON MOTION CARRIED 5-0. F) 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. Lydick reported this subdivision request continues 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. The applicant, the Kodiak Island Borough, responded to some concerns expressed by the commission's May meeting and submitted a revised preliminary plat for the commission to review. The principle feature of the re-design is the elimination of the tlagstems providing access to the proposed Lots I and 2. The re-design incorporates and extension of the Panamaroff Creek Drive right-of-way providing natural road frontage for the proposed lots. The applicant is also proposing to equalize the land area of the lots. Design may not be the ideal design per KIBC 16.10.010C the purpose of the subdivision code is to provide for reasonable consideration of adopted borough plans and regulations and per 16.10.010A to provide for minimum standards. Nine public hearing notices were sent out. Staff recommended approval of this request subject to 9 Conditions of Approval. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIB 16.40, of the Subdivision of Lot I United States Survey 2539 creating Lots I & 2 Kashevarof Heights Subdivision & the Remainder of Lot I United States Survey 2539, subject to nine(9) conditions of approval, and to adopt those findings in the Supplemental Memorandum dated June 7, 2013, as Findings of Fact for Case No. S13 -023. 6/19/2013 P&Z Minutes Page 7 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 The regular meeting was closed& the public hearing was opened: Bob Scholze, Borough Resource Officer noted this dedication of right-of-way resulted from the preference expressed last month by the commission. It would accommodate a future extension of that right-of-way. Not only will the new lots that may be created define the rezone area but also going forward to the Assembly would be a resolution for expansion of the Road and Fire Service Area District in Womens Bay. We've incorporated their suggestions. COMMISSIONER SCHMITT inquired about road that needs improvement, we have an old military road that hasn't been maintained for many years, correct, Scholze replied there was some maintenance done a few years ago, upgrades related to using it as an alternative route when road construction and culvert replacement was going on on Russian Creek Road. COMMISSIONER SCHMITT stated with culverts and the road being constructed to borough standards the Service Area District will be involved in the whole process, correct, Scholze replied yes, and the section of code referenced is Title 16.80-Standards for Road Improvements would have to he satisfied and gives the Engineering & Facilities Director some latitude in how those road improvements would be completed. There is adequate area where the lot line is between the 2 lots for a cul- de-sac or something that would provide a turnaround for emergency vehicles,where now there's none. The public hearing was closed &the regular meeting was opened. CONDITIONS OF APPROVAL 1. According to KIBC 16.40.070, dedicate a sixty (60) foot wide right-of-way extension of Panamaroff Creek Drive extending easterly approximately 180 feet, as indicated by yellow highlight in Exhibit A. 2. Delete reference to the 40 (t. wide road access easement. 3. Equalize the resulting areas of proposed Lots I and 2. 4. The subdivider shall place a note on the plat prohibiting future subdivisions of Lots I & 2 Kashevarof Heights Subdivision. 5. The subdivider shall include a prohibition of future subdivisions of Lots I & 2 Kashevarof Heights Subdivision in the title upon transference. 6. The subdivider shall provide an "eye-brow" cul-de-sac, to the northeast of the terminus of the current Panamaroff Creek Drive right of way sufficient to accommodate fire apparatus, school bus, and snow plow turn around, as well as snow storage. 7. Prior to finalization, the Subdivider must provide written Fire Marshall acceptance of the casement and cul-de-sac development consistent with KIBC 16.40.050 5. 8. Per KIBC 16.70.020 B, prior to finalization, the subdivider must provide a written statement from an engineer registered in the State of Alaska as to the adequacy of each lot to support a wastewater disposal system approved by the ADEC. 9. Per KIBC 16.70.020 B, prior to finalization, the Subdivider must provide a written statement from an engineer registered in the State of Alaska as to the availability and adequacy of a potable water source to serve each lot. 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. During discussion some commissioners were in agreement that this is a much better design. ROLL CALL VOTE ON MOTION CARRIED 5-0. OLD BUSINESS There was no old business. NEW BUSINESS A) Russian Ridge TMO's & Summary (Parks & Recreation Committee) Lydick stated the documents submitted by the Parks & Recreation Committee are basically, a report of their activities for the past year of what they've been working on and towards. This is going to be the template that the Parks & Recreation Committee will be using going forward as they proceed through the identified trails planning program. Part of the acceptance would be the OK from the commission to forward this work to the 6/19/2013 P&Z Minutes Page 8 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 Assembly. The critical importance here is to underline to both staff and commission that we pay attention to them in the future when we look at subdivisions and the potential to incorporate the recommendations of the Parks & Recreation Committee into these subdivision proposals. CHAIR TORRES asked if this should be made part of the Trails Plan and if so recommend we forward it to the Assembly, Lydick stated he doesn't know whether we should make it part of the Trails Plan, it could be a reference document supplementing the Trails Plan. COMMISSIONER SCHMITT MOVED to accept the final report and recommendation of the Parks & Recreation Committee for the Russian Ridge Trails System and to forward the document to the Kodiak Island Borough Assembly for its review. COMMISSIONER SCHMITT, ex-officio to the Parks & Rec Committee has attended quite a few meetings while working on this document and he's impressed. They get out there and walked, biked, hiked, used the trails, and know what is going on. In the context of the overall Trails Plan, their idea is to continue working on these Trail Management Objectives and to use them to get grants and those sorts of things as they identify needs. On page 7 of 59, they had 3 recommendations for a walking trail around Beaver Lake; a designation of a main Russian Ridge Trail that follows the ridge line of the local topography; and an ATV park that might provide an alternative location for performance riders that would offer challenging motorized recreation experience in an area devoted to that purpose. Maya Daurio, Borough GIS Analyst, has put a lot of time and effort into these TMO's. ROLL CALL VOTE ON MOTION CARRIED 5-0. B) Election for Vice Chair CHAIR TORRES opened up nominations for vice chair. COMMISSIONER PETERSON nominated COMMISSIONER SCHMITT. There were no further nominations so CHAIR TORRES closed nominations. COMMISSIONER PETERSON MOVED to cast a unanimous ballot for COMMISSIONER SCHMITT as Vice Chair. ROLL CALL VOTE ON COMMISSIONER SCHMITT FOR VICE CHAIR CARRIED 5-0. COMMUNICATIONS A) May Planning & Zoning Results Letters B) Memorandum to Planning & Zoning Commission and Assembly from the Parks & Recreation Committee dated April 30,2013 C) Panamaroff Creek Park Playground Equipment Lydick stated we have last month's P&Z results letters notifying the applicants the outcome of their cases. The memorandum from the Parks & Recreation Committee, Lydick stated he's not sure of what's being portrayed here,perhaps COMMISSIONER SCI-IMITT could explain. COMMISSIONER SCHMITT stated the memorandum is about a land trade issue that took place at a meeting that he didn't attend, and Item C Breanna Peterson and another group of folks in Womens Bay had gone through various catalogs to cone up with the list on page 16 of page 16, the Panamaroff Creek playground equipment. Basically, there was about $100,000 and they came up with replacement equipment that was appropriate for Panamaroff Creek Park since no maintenance was done and it was in disrepair. CHAIR TORRES stated we got this added to the CIP List and the money came from the State off the list. He believes it does need Assembly approval to spend off the CIP List. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSL I' REPORTS A) Meeting Schedule: • July 10,2013 work session at 6:30pm in the KIB Conference Room • July 17,2013 regular meeting at 6:30pm in the Assembly Chambers B) Abbreviated & Final Approvals - Subdivisions CHAIR TORRES gave a brief update of the meeting schedule and the final approvals for subdivisions. 6/19/2013 P&Z Minutes Page 9 of 10 Minutes for Approval Item 5 P&Z-August 21, 2013 COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSL I' AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Kathy Drabck stated (inaudible) Rick Vahl stated it was interesting how the Assembly removed some of the language on the plat for Mr. Van Dacle's case regarding a no future subdivision of that lot, and how they amended that even though Mr. Van Daele said he had no intent to do so. He told staff he appreciated the side by side comparison of the zoning districts. Frank Peterson also thanked Lydick for doing an excellent job and the packets are amazing every month with the information the commission needs. Alan Schmitt stated at the work session CHAIR TORRES mentioned in the near future we'll be seeing work that the Project Advisory Committee has been working on with the re-write on Titles 16,1 7, & 18 and he looked at a little this morning. He recommends that everyone take their time and not try to do it all by next month. When it officially conies our way it's going to be too much to look over in just a week. Put a lot of time and effort into it. Martin Lydick stated (inaudible) CHAIR TORRES stated when he was on the Service Districts there was no set schedule, it was whenever they could get a quorum. CHAIR TORRES also liked the side by side comparisons. Echoing what COMMISSIONER SCHMITT brought up, the next set of meetings we should get draft copies of Titles 16, 17, & 18, and we're also going to get a memorandum from the PAC signed by the current members and a summary of the major changes and incorporated into the summary is some of the legal and Clerk's Office reviews of the draft codes. All those codes are now available on the borough website. It is all information that can be changed and the goal is to review thoroughly and then forward to the Assembly so the more work, additions, deletions, or changes on items will help get it put through. This is a good start and he encouraged the commissioners to get started on it. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. CHAIR TORRES adjourned the meeting at 8:27 P.m. KODIIAK ISLAND BOROUGH PLANNING & ZO • _ 'OMMISSION Alan Torres, Chair ATTEST • By: 'M. Get r13 Sheila Smi n, Secretary APPROVED: August 21,2013 6/19/2013 P&Z Minutes Page 10 of 10