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2013-11-20 Regular Meeting RECEIVED KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION JAN 2 3 2013 MINUTES gp�y November 20, 2013 6:30 . m.in the n ii l:: «-' CALL TO ORDER CHAIR TORRES called to order the November 20, 2013 regular meeting of the Planning and Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Requested to be excused was Scott Arndt. Commissioners present were Alan Torres,Alan Schmitt, Kathy Drabek,Jennifer Richcreek,and Maria Painter. Excused was Scott Arndt A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Scott Arndt. VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY Community Development Department staff present was Director Pederson and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the November 20, 2013 Planning& Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER RICHCREEK requested her name be corrected. Smith stated she made the correction on the copy to be signed. COMMISSIONER SCHMITT MOVED to approve the October 16, 2013 Planning.& Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None PUBLIC HEARINGS A) Case 14-009. Request a Land Disposal Review, pursuant to KIBC 18.20.030, to consider disposal of a 1.51 acre portion of the City of Port Lions School Reserve, portion of Block 16, Port Lions Subdivision, 1st Addition (KIBC 18.20.100 B, disposal for less than fair market value).The applicant is the Native Village of Port Lions. The location is 2008 Airport Road, Port Lions, and the zoning is PL-Public Use Lands. Director Pederson reported in the updated packet is a new zoning map that eliminated the red line that gave the impression about where the extent of the Public Use Lands are, and then next page was labeled to show the portion where the school reserve is and approximate disposal request area. There's a revised resolution that has Section 6, a new clause regarding the deed that Bob Scholze, Borough Resource Officer drafted. 11/20/2013 Page 1 of 6 P&Z Minutes Bob Scholze, Borough Resource Officer stated that Section 5 was also additional recommended condition of approval that's fairly standard. In response to COMMISSIONER PAINTER'S question of does this disposal include the sub-surface estate, the lands below the surface? Director Pederson replied he believes it would, it would be conveying the land, he doesn't know if we can convey it in fee simple subject to any easements that may be there. He doesn't know if we do it by statutory deed and referred to Scholze. In response to COMMISSIONER PAINTER'S inquiry and stated the Bureau of Land Management initially separated them; they did a surface and then a sub-surface by two different documents and she requested clarification on whether the borough is doing both. Scholze replied yes, that's his understanding but he hasn't looked at that aspect. Usually separation like that is a native corporation lands but this would include both. In response to COMMISSIONER DRABEK'S question of what is market value and what is less than market value, and she requested the numbers? Director Pederson said he doesn't have numbers; there hasn't been an appraisal done because the land is currently tax exempt. Fair market value is the amount the willing seller or buyer would pay in a neutral transaction and if there's a disposal for other than this then there's an appraisal done and they determine what that value is. Pederson gave background on the Majdic land disposal.COMMISSIONER DRABEK stated that was at fair market value, Pederson stated Title 18 provides that disposals to non-profits and other type groups that are doing a public purpose can be at less than fair market value which means in this case at no cost other than the cost of the application,survey, rezone and the cost associated with the transaction. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2014- 04 recommending a disposal of a 1.51 acre portion of the City of Port Lions School Reserve, portion of Block 16, Port Lions Subdivision, 1st Addition, for less than fair market value, subject to two Conditions of Approval, and to adopt those Findings of Fact as presented in the staff report dated November 8, 2013, as Findings of Fact for Case No. 14-009. Close regular meeting&open public hearing. Public testimony was given by: Bob Scholze, Borough Resource Management Officer, stated in addition to the two conditions of approval which were incorporated into the new resolution he wanted to point out he had a conversation and sought clarification from the Native Village or Port Lions regarding a couple of their uses they described and that was contained in Scholze' staff report dated November 18th and attached was the letter of explanation from the Tribal Administrator of the native village. We wanted to make sure the uses were public uses, they appear to he which they reiterated they have a determination from the Internal Revenue Service Department of Treasury; they are a tribe under Section 7871. They are recognized similarly to State Government and to serve the public so the uses associated do serve the public then you can qualify for less than fair market value, and in this case there was no appraisal and didn't need one but the land is zoned Public Use. The value of the land would be minimal compared to Business zoning. Close public hearing&open regular meeting: Discussion of the patent from the State of Alaska received at the work session but not in the packet; it was a memorandum from the State of Alaska in April 2006 that talked about the parcel but the 2nd page of the patent talks about when the State of Alaska gets titled directly from the Federal Government and then conveys it out. Basically, the State holds onto whatever is under the surface that may have value. No one last week disputed that Native Village of Port Lions is serving a public need but in the packet on page 5 of 12 of their application there was a litany of things they are doing there now that serves the public.The commission's concern is no one knows what the future may bring and what may happen to the Native Village of Port Lions as an entity and to make sure the public continues to be served, and if not the land needs to come back to the borough and potentially be conveyed to another entity that would serve the public or the borough itself. 11/20/2013 Page 2 of 6 P&Z Minutes COMMISSIONER PAINTER MOVED TO AMEND the pending motion by striking out "for other non- profit corporation or entity approved by the Borough" in the Conditions of Approval #2 so the deed shall contain the following clause "should the property cease to be used for the purpose of providing services to the public by the Native Village of Port Lions the property will revert back to the Kodiak Island Borough." During discussion COMMISSIONER PAINTER and COMMISSIONER RICHCREEK both expressed it would protect the public interest and keeps a clean administrative record for the future. COMMISSIONER SCHMITT was not in favor of the amendment due to the way the amendment would function that the borough would have to go through the process again and potentially a lengthy lapse of time We shouldn't have to force people to go through the process of having the borough get the title to the land back and having to do another conveyance. In response to COMMISSIONER DRABEK question of is it the Native Village of Port Lions or is it the City of Port Lions, it's referred to both ways? Director Pederson stated the Native Village of Port Lions was the applicant and that's how they expressed that they are the entity that is a Federal recognized tribe that's providing these services. In response to CHAIR TORRES's question of if this goes to the Native Village of Port Lions and for some reason that clause wasn't there and it went to the corporation that Koniag oversees, traditionally Koniag holds all mineral rights to their lands, would that default to their normal holding of all mineral rights to this land? COMMISSIONER SCHMITT stated Koniag and Afognak are the respective regional and village corporations involved here, This is the tribal council, the tribal entity that's not directly involved with either Koniag or Afognak. COMMISSIONER RICHCREEK expressed concern stating regarding the amendment no one wants to make things more difficult however; when it comes to land records and the experience of going through land records in Alaska, especially in Kodiak, it's not clear and there are messy records, handshake deals and things like that. Having something this formal with an extra level of work is worth it to keep the record clean. The previous condition said that it could go to another non-profit approved by the borough so there would still be an administrative process but by striking that language it makes that administrative process clean through the deed record and for the sake of a future clean record of administrative record. It's worth the effort even if the Native Village of Port Lions were to change their name and change their entity that would be quite a process and changing one aspect would be minor in the scope of the realm of change. COMMISSIONER PAINTER asked with this condition without the strike in the motion would this be on the deed that we give them so there's some follow up or is this something they would just let you know and then administration would make that decision if in deed, Pederson said this clause has to he in the deed. COMMISSIONER PAINTER asked for clarification of who administration is that would make the decision, Pederson replied that would be the Borough Lands Manager. COMMISSIONER SCHMITT acquired and passed around a copy of the KMXT Quit Claim Deed for the commission to see the last paragraph before the signature. CONDITIONS OF APPROVAL 1] The portion of the Port Lions School Reserve to be disposed of(approximately 1.51 acres) must be created by plat prior to disposal by the Borough. 2] The deed shall contain the following clause: "Should the property cease to be used for the purpose of providing services to the public by the Native Village of Port Lions the property will revert back to the Kodiak Island Borough." FINDINGS OF FACT 1. The commission has reviewed the qualifications of the applicant and has determined that the applicant is eligible under section 18.20.100.B of the Kodiak Island Borough Code to request a 11/20/2013 Page 3 of 6 P&Z Minutes disposal of borough lands for less than fair market value. 2. The commission has reviewed the stated mission of the Native Village of Port Lions and the community outreach programs administered by NVPL in furtherance of that mission, and has determined that NVPL is engaged in worthwhile social, cultural, and environmental activities that enhance the public's well-being. 3. The requested disposal for less than market value is surplus to the borough's current and future public need. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-1. The ayes were COMMISSIONERS TORRES, DRABEK, RICHCREEK, and PAINTER. The no was COMMISSIONER SCHMITT. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 5-0. OLD BUSINESS A) Discussion of Possible Code Revision Work Session Dates -Title 17 Director Pederson said as discussed at the work session Smith has calendared the meetings on November 251h, December 2nd, December 4th, December 11th, and December 18th at 6:30 p.m. and the November 251h meeting will be held in the Assembly Chambers with the rest in the downstairs conference room. He asked Smith put in the notice the purpose is to review Titlesl6, 17, 18 so we're covered so folks are aware.There is only one public hearing item in December so that's why we will be reviewing the draft code also. NEW BUSINESS A) Discussion of APA Membership Director Pederson stated he hasn't had an opportunity since your last meeting but he will report back to the commission by email. COMMUNICATIONS A) Notice of Compliance dated October 18, 2013 B) Notice of Compliance dated October 18, 2013 C) Case 14-005 Appeal to Board of Adjustments Director Pederson stated the appeal that the commission took up recently is being appealed to the Board of Adjustments that will be on December 5th, and then there's a couple of Notice of Compliance letters. Pederson updated the commission on a letter they will get at next month's meeting to A-1 Timber, LASH,and Zbitnoff regarding the logs. Discussion of the conditions of approval on the Zbitnoff screening case. Director Pederson stated there was no screening required; they didn't have to plant any or install any. CHAIR TORRES said the issue is the condition was to maintain the natural screening and they haven't maintained it; they have done away with it. Director Pederson said he'd have to ask the Code Enforcement Officer. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • November 25, 2013 Planning & Zoning Code Revision Special Meeting-Title 17 at 6:30 p.m. in the Assembly Chambers • December 2, 2013 Planning& Zoning Code Revision Special Meeting-Title 17 at 6:30 p.m. in the KIB Downstairs Conference Room • December 4, 2013 Planning&Zoning Code Revision 11/20/2013 Page 4 of 6 P&Z Minutes • December 11, 2013 Planning & Zoning Packet Review & Code Revision Meeting at 6:30 p.m. in the KIB Downstairs Conference Room • December 18, 2013 regular meeting at 6:30pm in the Assembly Chambers & Code Revision Meeting Director Pederson introduced Neil Horn, the new Code Enforcement Officer. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMISSIONER'S COMMENTS Jennifer Richcreek welcomed Neil Horn. She thanked the borough for allowing the commission to attend the conference, it was a great experience. One take away from the training is she thought would be helpful as we go through the code revision process to keep it focused is having on the white board writing down priorities and issues already identified in the Comp Plan and root all the changes be it building height or land development decisions and having it rooted to does this solve the issue of developable land for housing shortage or teacher housing in terms of where we want to put things, or all of the home heating costs with coming up with decisions for energy solutions. Having all the changes that we make as we're looking at these changes in the code, if we had some kind of easy check list. She hasn't gone through to see how many issues are in the Comp Plan but if there are boiled themes or whatever the problems that we're looking to solve is having that visual reminder and as we go through cross checking to make sure we are solving an identified problem. That would be a helpful way of keeping it in context and keep it focused on issues already identified. Two other take aways from training is AEA is working on regional energy plans and they will be focusing on the Kodiak region which includes borough wide, they will be doing public input and stakeholder solicitation of comments. It's something to think about of what does the borough envision as its energy future and energy independence and being an active participant at AEA's regional planning process. If we're all on the same board at the upfront it would make funding and requests streamlined if everything follows in line with the plan. Lastly, there was a presentation by Unalaska who went through a thorough housing plan analysis with their Comp Plan review and they have it on their website which it sounds like they have very similar issues to some of the housing challenges that we face in Kodiak. That document resource could give some insight or guidance as we think through some of our housing issues here in Kodiak. Maria Painter thanked the public allowing her to be a commissioner and she thanked the borough for allowing her to go to training. In addition to that she took some time to go to the Bureau of Land Management who was very helpful; she came home with a packet which is a user guide of how to go through their website. Alan Schmitt expressed his appreciation for the assembly for allowing him to go to the training for the third year. The training is getting better. The big focus is the planning aspect, not so much as the zoning and regulation which is the way you carry out the plans. One of the sessions was the reminder that we should indeed look at the Comp Plan on a regular basis, they said state law requires a five year review so now that we've got a new director, code enforcement officer, and new blood on the commission it would be good if once we are done with the code rewrite to spend some time looking at the Comp Plan. One of the take aways he got from training is that you should also get the buy in,if you are going to put something in the plan that requires some action sort of making sure in advance to the greatest extent that people are willing to do that which may involve spending some money. There are lots of good discussions that need to happen in future about that but the only certainty we have is change but we can't predict exactly what the future will bring but there are some trends that are coming with the aging of the community, global warming can start to have some impact on Kodiak. We 11/20/2013 Page 5 of 6 P&Z Minutes can start to think about these things and start to plan for what would happen if they do start to show up. Kathy Drabek also showed her appreciation for the training stating it was so much more valuable than she imagined it would be. Drabek also welcomed Maria Painter and Neil Horn. Alan Torres said he's looking forward to looking at the Comp Plan. When we as a community passed this one in 2008 one of the biggest discussion items is that the Comp Plan is a living document and is meant to change but traditionally in this borough, that is something that doesn't usually go anywhere, it's something that's said when it's passed but it's never looked at and changed. If we don't look at it he thinks it makes it even harder for when changes come up. Torres said he's also done a quick look at some of their bylaws and is going to give staff a copy to get things rolling and he gave a quick update stating he just marked off all the attachments because it lists the Title or code section and he feels it doesn't need to he an attachment to this document, in the quorum and voting requirements Torres would like to add that all commission meetings, regular, special and work sessions require a quorum, and for special meetings; special meetings may be called by the chair person, the majority of the commission, or the Community Development Department Director, on the Order of Business he feels appearance requests should be removed, under the Regular Meetings add a Staff Comments line in front of the Audience Comments and Commissioner Comments, add an Order of Business for work session, and the biggest thing is to add a Citizen's Comments for cases not up for public hearing, and also Discussion Items on the work session agenda so they could be discussed at the work session and not carried on to the regular meeting. It's just simple clean up stuff and there may be more. Director Pederson agrees that we should be revisiting the Comp Plan after the code revision is finished He also stated getting the bylaws review could go on the December work session if you all get your suggestions to Smith. Pederson also said he's already codified in the administrative provisions the language of quorums and special meetings. Alan Torres said he's had discussions with the Clerk's Office and the borough attorney agrees with us and we are waiting for code language to bring it up for the assembly and we default to the assembly. Torres said Nova Javier is just waiting for written language to come. Torres just wants to get the bylaws process started.Torres appreciated the opportunity to attend the training again and he always comes away with learning something new. Kodiak has always had a good presence at these trainings over the years. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 7:32 p.m. KODIAK ISLAND BOROUGH PLANNING &* '.n COMM • 6 . Alan Torres, Chair ATTEST /�}�l By: \ 45c�- C V1 Sheila Smith Community Development Department APPROVED: January 15, 2014 11/20/2013 Page 6 of 6 P&Z Minutes