2013-07-17 Regular Meeting 7.
Minutes of Previous Meeting Item S
P&Z-August2 ECEIVED
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION OCT - 3 2013
MINUTES
July 17, 2013 Regular Meeting 6:30 p.m. in iCE
KODIAK,ALASKA
CALL TO ORDER
CHAIR TORRES called to order the July 17, 2013 regular meeting of the Planning and oning 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, Kathy Drabek, Frank Peterson, and
Jennifer Richcreek.
A quorum was established.
Community Development Department staff present was Director Bob Pederson, Martin Lydick-Associate
Planner, and Sheila Smith-Secretary. Also in attendance was Bob Scholze, Borough Resource Officer.
APPROVAL OF AGENDA
COMMISSIONER SCHMITT MOVED to approve the July 17, 2013 Planning &Zoning Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
There were no minutes.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There was none
PUBLIC HEARINGS
A) Case 13-030. Request a Land Disposal review, according to KIBC 18.20.030, to consider the disposal
by long term lease for fair market value of a two or three acre portion of the Kodiak Landfill Tract to be
used for a Class A Composting Facility operated by, or on behalf of, the City of Kodiak. The applicant is
the City of Kodiak and the agent is Mark Kozak. The location is 1203 Monashka Bay Road and the zoning
is I-Industrial
Lydick reported the request for disposal of public lands by lease for fair market value is for the purpose of
composting sewage sludge generated by the City of Kodiak's sewage treatment plant. Previously, this by-
product was baled and incorporated into the Borough's landfill. Regulatory changes have been mandated
and the City is currently operating a composting alternative on the landfill tract under a short-term
licensing agreement with the Borough. However, a short-term licensing agreement will not provide the
certainty required for financial obligations and the economic viability of commercial enterprise the City
hopes for. Ninety-nine public hearing notices were mailed, 2 public hearing notices with negative
comments were returned. Staff recommended the Commission forward a resolution favoring the disposal
to the Assembly.
COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2014-01
recommending the disposal by long term lease for fair market value of a two to four acre portion of the
Kodiak Landfill Tract to be used for a Class A Composting Facility operated by, or on behalf of, the City of
Kodiak, and to adopt those Findings of Fact in the staff report dated July 5, 2013, as Findings of Fact for
Case No. 13-030.
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Minutes of Previous Meeting Item 5
P&Z-August 21, 2013
The public hearing was opened,and public testimony was given by:
Martha MKinney expressed her concerns as questions: 1. What oversight and inspection of the stream
contamination is going to be included in the long term lease going through that 2-4 acres? 2. ADEC's
oversight of the contractor who will do the composting of bio-solids consists only of ADEC reviewing only
the contractor's logs of the temperature probes, no one will come on site nor will anyone be doing testing,
they just read the temperature probes. It matters because there's a stream going through that land. If the
borough does a long term lease, what oversight is there that this is going to be operated correctly as a
composting facility? 3. Should a long term lease or Class A Composting of Bio-Solids be granted, what
facility will be constructed? The contractor talked about doing hoop houses which will not withstand the
winds; 4. Should P&Z recommend disposal what protections will be in place to protect contamination of
surface and groundwater?We need you to protect us as you have in the past.
The public hearing was closed &the regular meeting was opened.
COMMISSIONER SCHMITT requested to hear from Bob Scholze, Borough Resource Officer
In response to COMMISSIONER SCHMITT'S inquiry of when the borough enters into a lease there would be
clauses that will address the type of things that Ms. MKinney was talking about, is that correct, Scholze
stated we haven't drafted a lease yet and we're anticipating entering into an interim license agreement
arrangement virtually identical to what the operation is now. He expects it would have a lot of the same
elements that the lease for the gravel extraction in Bells Flats has due to similar concerns.
In response to COMMISSIONER SCHMITT's comment of the borough remaining the land owner being
subject to liability, it obviously doesn't want liability, Scholze stated the intent is to transfer control of the
land to the City of Kodiak and the control of the land and liability would remain with the City of Kodiak. In a
long term lease (55 years), it's similar to a conveyance and generally a subdivision is required so there are
aspects that still need to be discussed.
COMMISSIONER SCHMITT stated discussed at the work session last week there's a subdivision in the works
that covers the whole Landfill Tract that will come back to the commission for approval but would show
what is for Natural Use and what's going to be the landfill area, Scholze stated based on the direction given
on the previous case, he followed up on the question at the packet review and had discussed with the
surveyor to distinguish between the Industrial and Natural Use Areas not only by zoning but by actual
subdivision which would correct the greenbelt designation with the consultation of the road service district.
In response to CHAIR TORRES' inquiry of is the land involved in this lease for city composting going to be
subdivided, Scholze anticipates it will be required.
In response to COMMISSIONER RICHCREEK'S inquiry regarding in the packet on page 2 of 8 in the first
paragraph in the letter from the city there's a discussion of a contaminated soil dump area from the legacy
leachate area of the existing landfill and a new pit made available indicating this new compost facility is
being sited on top of the pit, and then later in the application of page 5 of 8 the application states this site is
going to be put on raw land which indicates undeveloped land and requested clarification of where exactly
this lease site is going to be located and how it relates to the other soil dump area, Scholze referred the
graphic on an air photo on page 3 of 8 which the yellow line indicated the lease area that will be surveyed
and it's unused ground.
In response to COMMISSIONER RICHCREEK'S inquiry of it's not the site that's being used to deal with the
leachate contaminated soil, it's different or is it making use of that pit, Scholze stated it's different.
CHAIR TORRES stated the site now is a fill site, it wasn't contaminated soil, and it was wet soil that came out
of the landfill expansion project that was the overburden. They put a rock berm around the area and filled
it up and will be the foundation.
In response to COMMISSIONER RICHCREEK'S inquiry from the work session relating to concerns of the
surface and ground water it was mentioned that all the leachate will be captured and treated coming off
this compost facility and for the sake of the public record she would like more details of capturing leachate
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Minutes of Previous Meeting Item 5
P&Z-August 21, 2013
and treating that which could alleviate some of the concerns for surface and ground water contamination,
Mark Kozak, City Public Works Director, replied regarding the leachate as the project is developed for the
purpose is to catch and contain all of the leachate that may be generated is the product that's being
processed. There's 2 possible uses for that product: One being that it may potentially go to the new
treatment facility at the landfill because it's potentially the type of product that blends well with their
waste stream and will be beneficial, and the other option is if that isn't necessary or doesn't work out then
that leachate will go back to our waste water treatment plant and be re-processed. As the design develops
we'll have much more detail to show you what the collection systems will be like, the treatment system,
and the whole process.
In response to COMMISSIONER RICHCREEK'S inquiry that given the temporary land use agreement expires
August 15th and there are still steps to finalize design what's your anticipated timeline, Kozak said we're
continuing to work with the borough to extend the temporary license that we're currently operating
working under Class B with a relocation to Class B to this site. At the same time this long term process will
be working we'll continue to operate and produce Class B compost under the same permit and system that
we're currently using and then as the lease comes into place and design developed and we know the area
size the objective is to continue operating under the license agreement Class B until a design is completed
and most important ADEC permit to operate a Class A facility. We need the design to get the permit, that
permit will go through the public hearing process, ADEC evaluation so there will be a lot of opportunities as
the project develops. He sees it taking about a year to get to a Class A facility.
During discussion some of Ms. MKinney's questions were answered about the building facility and the
possible contamination and we're-assured there was no possibility of contamination for that residential
area or the VFW's site. It will be a very sturdy permanent structure to withstand the winds. In dealing with
this waste stream, shipping off island would be too expensive and incinerating it is not a feasible option
with air quality permitting and the city was commended for doing a pilot study to find out Class A
composting is a feasible option we can achieve. They are basically producing Class A and the new facility
will be better at that and turning it into something useful and good for the community.
Kozak said the buildings will all go through the permitting process and all have to be built to the same
codes, and one the wind code is 130 in Kodiak. All of those standards we have to meet as far as structures
on the site.
FINDINGS OF FACT
1. The commission has reviewed the purpose of the requested disposal and found the request compatible
with the intent of Kodiak Island Borough Code 18.40.030.
2. The commission has reviewed the proposed disposal and found the identified parcel of land eligible for
disposal by long-term lease.
ROLL CALL VOTE ON MOTION CARRIED 6-0.
CHAIR TORRES read the wrong case; no one objected to hearing this case since the request was already
read into the record.
C) Case 513-028. Request Preliminary approval, according to KIBC 16.40, of the replat of Lot 1A, Block 30
and Lot 9, Block 31, East Addition Subdivision, including the vacation of portions of the Stellar Way right-
of-way according to KIBC 16.60, creating Lot 1B, Block 30 and Lot 9B, Block 31, East Addition Subdivision.
The applicant is the City of Kodiak and the agent is Mark Kozak. The location is 816 Rezanof Drive & 816
Stellar Way Right-of-Ways and the zoning is R3-Multi-family Residential &R2-Two-family Residential
Lydick reported this subdivision application is for tying up loose administrative ends left dangling for a few
years. It's a request for a vacation and re-plat is a reprise of Case SO4-023. The Stellar Way improvement
and re-alignment project precipitated the request. The project was completed in the 2004, early 2005 time
period. The Planning & Zoning Commission held a public hearing on this request January 19, 2004 and was
granted approval unanimously by the Commission. The vacation and re-plat had acquired all the necessary
approvals to proceed to the final Plat process, but for unknown reasons, the City of Kodiak did not
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Minutes of Previous Meeting Item 5
P&Z-August 21, 2013
complete the paperwork. Forty-five public hearing notices out. No negative comments were returned. Staff
recommended approval.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, approval, according to KIBC 16.40, of the
replat of Lot 1A, Block 30 and Lot 9, Block 31, East Addition Subdivision, including the vacation of portions
of the Stellar Way right-of-way according to KIBC 16.60, creating Lot 1B, Block 30 and Lot 9B, Block 31, East
Addition Subdivision, and to adopt the findings in that staff dated July 5, 2013 as "Findings of Fact" for Case
No. 513-028.
The public hearing was opened&closed:There was no public testimony.
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 6-0.
B) Case 13-031. Request a Land Disposal review, according to KIBC 18.20.030, to consider the disposal
for fair market value by direct negotiation of a .35 acre portion of Tract B, Miller Point Subdivision which
if approved would be consolidated with Lot 2, Block 2, Miller Point Subdivision, a residential lot in the
RR1-Rural Residential zoning district. The applicant is Mark Majdic. The location is 4352 Monashka Bay
Road and the zoning is PL-Public Use Land
Lydick report this request is for a disposal of public lands for fair market value. The requested disposal is
approximately .35 acres in size and would be a negligible reduction in size of the parent parcel.This request
is premised upon the diminished ability of Block 2, Lot 2 to support the development of a single-family
residence because of a State taking related to the development of Rezanof Drive — Monashka Bay Road,
and topographical constraints. Thirty-eight public hearing notices were mailed and no public hearing
comments were returned. Staff recommended the commission forward a resolution, with 4 attached
conditions of approval, favoring the disposal to the Assembly. Lydick did clarify there are 4 conditions and
not 3 as stated in the staff report.
COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2014-02
recommending disposal of a portion of Tract B, Miller Point Alaska Subdivision, by direct negotiation with
the applicant for fair market value, subject to Four (4) Conditions of Approval, and to adopt those Findings
of Fact in the Staff Supplemental Report dated July 17, 2013,as Findings of Fact for Case No. 13-031.
The public hearing was opened. Public testimony was given by:
Mark Majdic, applicant, spoke in favor of the request and he just received the exhibit X, the 4th item today
and it does seem to address some of his concerns as far as giving him a little more land on the back side of
the lot, and he understands why they want the straight line on the back of the lot. He hopes the
commission approves his request.
The public hearing was closed &the regular meeting opened.
CONDITIONS OF APPROVAL
1. The disposal area determined to be surplus to the public's need will approximate the area shown by the
purple/grey shading within the bold red line as highlighted in Exhibit "X" dated July 16th, 2013, with the
intent of providing for a cleaner squaring-off of the proposed lot while allowing for better options in the
future development of the adjacent Borough tract.
2. That portion of Tract B subject to this disposal request shall be rezoned to the RR1 - Rural Residential
One Zoning District in a separate action.
3. The rezone to the RR1 - Rural Residential One Zoning District shall become effective upon the recording
of the plat depicting the consolidated lot.
4. Future subdivision of the consolidated lot shall be prohibited per plat note.
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Minutes of Previous Meeting Item 5
P&Z-August 21, 2013
FINDINGS OF FACT
1. The commission has reviewed the proposed disposal and found the identified parcel of land to be
surplus to the public's need.
ROLL CALL VOTE ON MOTION CARRIED 6-0.
0) 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 1A, 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 genesis of this preliminary subdivision review was a lands disposal request submitted
by a private party applicant. The commission considered the disposal request at the November 21, 2012
regular meeting as Case 13-014. The Borough Assembly affirmed the commission's disposal resolution via
Resolution FY2013-20 on January 3, 2013. The intervening time has been utilized by various parties to
provide input into the exact design of the final plat disposal. Staff recommended approval of the final plat
design presented by the Borough Resource Management Officer, and labeled as Exhibit "X" in his
presentation.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the replat of
Lots 1, 2A & 2B, Block 9 Miller Point Alaska Subdivision First Addition, and Lot 1A, 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, 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, subject to Three (3) Conditions of Approval, and to adopt the findings of fact in the Staff
Supplemental Memorandum dated July 17th , 2013 as Findings of Fact for Case No. S13-024.
The public hearing was opened. Public testimony was given by:
Larry Van Daele, applicant, stated he approves of the exhibit X, the compromise and he appreciates the
work with the Road Service District and staff.
In response to COMMISSIONER SCHMITT'S inquiry last week it was mentioned about the cost you've
incurred with the surveyor and he believes there was a comment made that it could be worked out in some
way, are you comfortable with that or do you feel you need anything from us, Van Daele said he's
comfortable with the dealings he's had with staff and he doesn't think anything is needed.
Bob Scholze stated he wanted to make sure that in the staff report that he had written dated July 16`" he
had intended that additional finding of fact to be included and he wanted to make sure the condition of
approval stated in#1 that makes the reference to exhibit "X".
CHAIR TORRES called a 5 minute recess without any objections at 7:18 p.m. and reconvened the regular
meeting at 7:23 p.m.
Scott Arndt stated he's in favor of the request and it's a good compromise.
The public hearing was closed &the regular meeting opened.
COMMISSIONER SCHMITT thanked Mr. Van Daele, Mr. Arndt, and staff for making the commission's job a
bit easier.
CONDITIONS OF APPROVAL
1. Create a ten-foot (10') wide utility easement along the Antone Way frontage of proposed Lot 28-1
Block 9 Miller Point Alaska Subdivision First Addition and North Star School Tract Block 6 Miller Point
Subdivision.
2. In order to preserve future right-of-way acess as identified by Service Area No.1 and the Parks and
Recreation Committee, as well as protect drainage, the disposal area will correspond to the yellow
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Minutes of Previous Meeting Item 5
P&Z-August 21, 2013
highlighted area on Exhibit"X" dated July 16th, 2013.
3. The portion of Lot 1A, Block 6 (The Northstar School Tract) within the disposal area intended to become
part of proposed Lot 2B-1 will be rezoned from PL - Public Use Lands to RR1 - Rural Residential One
Zoning District prior to recording the plat.
FINDINGS OF FACT
1. The reduced disposal area will allow for Borough retention of lands identified as needed for future road
access and, protection and enhancement of drainage.
2. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in
Title 16 of the Borough Code.
3. This plat meets all the requirements of Title 17 of the Borough Code.
ROLL CALL ON MOTION CARRIED 6-0.
OLD BUSINESS
There was no old business.
NEW BUSINESS
A) Code Revision Process(Chris Beck)
Chris Beck, Agnew Beck Consultant gave the background of the Code Revision process and gave an update
on the Draft Code Revisions of Titles 16-Subdivisions, 17-Zoning, & 18-Borough Real Property and the
Project Advisory Committee's Concluding Statement recommending forwarding to the commission for their
review. He'll be making revisions to the current copy of the code revisions for clarification of language,
consolidation and may highlight where there are substantive things that need more thinking on. A clean
copy of the draft will be provided at the commission's special work session and will be available on the
Code Revision website.
Beck stated to advertise the work session and invite the public to let people know this is going on. It will
allow the public to sit in and listen and start to get people who are concerned some awareness of the
issues. He would like to have the initial review July—August 1"with P&Z submitting comments or questions
to Director Pederson by August 1", Revisions to the Code August 1"—August 9`h, release and review Public
Review Draft on August 9th, and a full day Planning & Zoning Commission Work Session on August 24th
starting at 8:30 a.m., and tentatively the first public hearing on the Draft Code in mid-September. He'd like
to get public comment early and in a way versus having people here waiting to give public comment.
Beck suggested after the August 9th draft comes out you may want to choose to split up some of the review
responsibilities so everyone doesn't have to review 100%of it.
The Commission requested paper copies to review to allow notes to be made on the side.
During discussion Beck talked about not making many changes in Title 16 and asked the CHAIR TORRES if he
would add anything to the list of changes, TORRES said we didn't focus much time on -Subdivisions but he
does have a list of changes and corrections. COMMISSIONER SCHMITT brought up his concerns with Title
17. Beck explained changes and the length of Title 17 and the definitions.
In response to COMMISSIONER RICHCREEK'S request for a visual map accompany the draft that shows
things like you can have an auto detail shop here but not here and where these places are going to be,
Director Pederson stated no, because we don't know where a lot of these things like home businesses are
going to be.You won't be able to pick where Home Based Business or home occupations will go.
CHAIR TORRES said the handout shows the existing zones and gives some minimums for that and the
proposed zones and most of them directly cross so you could reasonably use the current zoning map and
this graph to get an idea.
In response to COMMISSIONER RICHCREEK'S inquiry of this whole process, this is not a process of looking at
boundaries, it's a process of looking at definitions or through this are we just redistributing some of the
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zones and boundaries, Director Pederson replied this is not a process to consider rezoning all the property
in the borough.The names will change on the map but there will be a small universe of changes.
COMMUNICATIONS
A) Letter of Courtesy&Advisory dated June 11, 2013
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• August 14, 2013 work session at 6:30pm in the KIB Conference Room
• August 21, 2013 regular meeting at 6:30pm in the Assembly Chambers
B) Minutes of Other Meetings
• March 12, 2013 Parks& Recreation Committee
• April 9, 2013, 2013 Parks& Recreation Committee
• April 23, 2013 Parks & Recreation Committee
C) Abbreviated &Final Approvals-Subdivisions
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
•
AUDIENCE COMMENTS
Scott Arndt stated he appreciated Lydick's comments on the zoning districts. It starts out as RR2 will
become RS1, 2 acres. This is ridiculous. It should be the RS1 and RS2, that's 1 acre and 2 acres. Then there's
SRC-1 is the 2 acre and SRC-2 is the 5 acre, make it a 2 and a 5 so things are clear.
COMMISSIONER'S COMMENTS
Alan Schmitt stated we spoke briefly about the parking study and Mr. Lydick got us material that was
helpful and he suggested that we put this on the January 2014 agenda and ideally we'll be done with the
code revisions. He's had the ipad for about a year now and we're getting a lot of stuff on there and this
month was bad, is there a way to consolidate files so it would be easier to call things up.
Director Pederson said he will talk to Paul Van Dyke about it.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR TORRES adjourned the meeting at 9:14 p.m.
KODIAK ISLAND BOROUGH
PLAN ING &ZONI G COMMISSION
Alan Torres, Chair
ATTEST
BY 1 VICA 1 '
Sheila Smith, Secretary
APPROVED: August 21, 2013
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