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2014-03-19 Regular Meeting RECEIVED KODIAK ISLAND BOROUGH • PLANNING & ZONING COMMISSION APR 2 1 2014 MINUTES March 19, 2014 6:30 L1. in trLORM 6fcii CALL TO ORDER ' CHAIR TORRES called to order the March 19, 2014 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge ROLL CALL Requested to be excused are Alan Schmitt and Maria.Painter due to being out of town. Commissioners present were Alan Torres, Kathy Drabek, Jennifer Richcreek, Scott Arndt, and Pat Olsen. Excused were Alan Schmitt and Maria Painter. A quorum was established. COMMISSIONER ARNDT MOVED to excuse Alan Schmitt and Maria Painter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Pederson, Martin Lydick, Jack Maker, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the March 19, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the February 19, 2014 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None PUBLIC HEARINGS A) Case 14-011. Request a Conditional Use Permit to construct a 35' tall U.S. Coast Guard "Rescue 21" communication repeater tower on a site approximately 3.3 miles southwest of the City of Akhiok (Tract 37, Section 6, T38S, R31W, SM) (KIBC 17.200 and 17.50.040.H). The applicant is the U.S. Coast Guard and the agent is PND Engineers, Inc. The location is approximately 3.3 miles southwest of the City of Akhiok, on the northwest slope of Twin Peaks and the zoning is C-Conservation. Jack Maker stated this request is for a 35 foot tall reflector on a remote site southwest of the City of Akhiok to improve the capabilities of the U.S. Coast Guard's Rescue 21 System to better locate mariners in distress. In response to COMMISSIONER RICHCREEK'S inquiry of the necessity of Condition #1 stating typically any structures within five miles of an airport FAA requires them to be as visible as possible which is in direct conflict, and should it be deleted from the conditions, Maker stated he researched 3/19/2014 P&Z Minutes Page 1 of 6 other similar facilities and this was also one of the conditions of approval in those CUP's. For the matter of consistency he wanted to ensure we required the same for this tower that we required for the other microwave facilities. In response to COMMISSIONER RICHCREEK'S inquiry of would staff expect them to change the color of the metal lattice, what is it that that condition in effect do that would change the structure, Martin Lydick stated the history behind the inclusion of this particular condition of approval comes from the activity on Pillar Mountain and especially on Hillside Drive where you see all the brightly colored disks which has generated some public opposition as visual attractors when they could have subdued colors. It may not be an issue in Akhiok where there isn't the population that looks at it all the time. Your point of high visibility within a distance of an airport is well reasoned and has merit to it but at 35 feet tall he's not sure it's in the direct flight lines or approach grades in that airport. COMMISSIONER ARNDT MOVED to grant a Conditional Use Permit to construct a 35' tall U.S. Coast Guard "Rescue 21" communication repeater tower on a site approximately 3.3 miles southwest of the City of Akhiok (Tract 37, Section 6, T38S, R31W, SM) (KIBC 17.200 and 17.50.040.H), subject to three (3) conditions of approval contained in the staff report and to adopt the findings of fact as presented in the staff report as "Findings of Fact" for Case No. 14-011 deleting condition #1. The public hearing was opened and closed. There was no public testimony. Brief discussion CONDITIONS OF APPROVAL 1. The natural vegetation immediately surrounding the facility will be preserved to the maximum extent possible. 2. Should the site be abandoned for any reason, the site will be cleared of all improvements and returned to a natural state within one year of abandonment. 3. Any modification that would substantially alter the visual impact or permitted purpose of the facility will require a new Conditional Use Permit. FINDINGS OF FACT 1. The Conditions of Approval for this conditional use adequately address aesthetic and visual concerns and will preserve the value, spirit, character, and integrity of the surrounding area. 2. The conditional use will fulfill all the requirements of the C-Conservation zoning district, 3. This facility will not be harmful to the public health, safety, convenience, or comfort. The project is designed in accordance with acceptable engineering standards and will be constructed, maintained, and operated in accordance with all applicable federal, state, and local requirements. 4. The facility is located within the boundaries of C-Conservation zoned land that far exceeds the minimum five (5) acre area requirement and provides for sufficient setbacks, buffers, and other safeguards. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 14-013. Request a rezone of Lot 1 and a ± 14,379 square foot portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from RR1-Rural Residential One to PL-Public Use Lands (KIBC 17.205). The applicant is the Kodiak Island Borough and the agent is Robert Scholze, Resource Management Officer. The location is 3341 and 3391 Antone Way and the zoning is RR1-Rural Residential One. Jack Maker reported this request follows the Comprehensive Plan Amendment, a change of future land use designation of both of these parcels to Public Facilities/Ownership. Now that that amendment is complete a rezone which will allow the parcel to be incorporated into the Northstar School Tract. 3/19/2014 P&Z Minutes Page 2 of 6 In response to COMMISSIONER RICHCREEK'S inquiry about this being such a multi-step process, are there any additional steps that will follow this decision, Maker stated this is the final step before moving forward with the replat of these properties into the Northstar School Tract as well as the disposed of property that went to Larry Van Daele. COMMISSIONER RICHCREEK MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1 and a ± 14,379 square foot portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from RR1-Rural Residential One to PL-Public Use Lands and to adopt the findings of fact as presented in the staff report as "Findings of Fact" for Case No. 14-013. Close regular meeting & open public hearing: Bob Scholze, Borough Resource Management Officer, stated he wanted to point out some history that was highlighted in his application. Lot 1 itself when that was acquired there was a lot of fill that made it unsuitable for residential development without some serious engineering required. The Assembly resolution in 2001 authorized the acquisition stated "to provide additional parking and adequate vehicle access for the school" so that was the intent of the acquisition. This just formalizes that. Close public hearing & open regular meeting: FINDINGS OF FACT 1. This rezone follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. 2. RR1 zoning would not be appropriate for land to be used as a school site. 3. A rezone to PL is consistent with the zoning of the adjacent North Star School Tract. 4. This rezone will eliminate split lot zoning of the North Star School Tract. 5. This rezone should have no adverse effect on development trends or traffic in the surrounding area. 6. This rezone to PL-Public Use Lands is consistent with the adopted comprehensive plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case S14-008. Request a vacation of access and utility easements identified on Plat 88- 20 for Tracts D-1 and D-2 of Tract A, Bells Flats Subdivision (KIBC 16.60). The applicant is Jeff Steele and the agent is Ken Knowles. The location is 142 and 220 Sargent Creek Road. The zoning is I-Industrial (Tract D-1/142 Sargent Creek Rd.) and LI-Light Industrial (Tract D- 2/220 Sargent Creek Rd.) Maker reported the applicant initially thought the utilities had been relocated from the easement to the abutting Sargent Creek Road Right-Of-Way. It was true for KEA, GCI has no services in the area but review agency comments from ACS showed that they have cable within that easement but it was just into the easement. The applicant is working with the surveyor and ACS to identify where that cable is. We believe we've found a satisfactory resolution that will be presented at the next Planning and Zoning meeting. Staff recommends this request be postponed until the April 16`" regular meeting. COMMISSIONER ARNDT requested clarification on this request. Maker stated just before the deadline for this meeting this had just come to light. The review ACS comment was received and the issue couldn't be resolved in time. We just didn't have enough information at the time. COMMISSIONER RICHCREEK MOVED to postpone the public hearing for Case S14-008 to the April 16, 2014 Planning and Zoning Commission regular meeting. The public hearing was opened and closed. There was no public testimony. 3/19/2014 P&Z Minutes Page 3 of 6 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There is no old business. NEW BUSINESS A) Parks and Recreation Committee to Change KIBC 2.120 Director Pederson stated these changes are to capture the desires of the Parks and Recreation Committee to do two things: to directly report to the Assembly except on items that need to come to the Planning and Zoning Commission, and to reduce the membership from nine to seven with two alternates with four to constitute a quorum. The committee thought it would be easier to get a quorum to conduct business if they have two alternative voting members. COMMISSIONER DRABEK MOVED to forward to the Borough Assembly a recommendation to revise KIBC 2.120.030.D to reflect the Parks and Recreation Committee transmit committee recommendations and other communications to the Borough Assembly in all matters, except where planning and zoning require prior approval by the Planning And Zoning Commission. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT MOVED to forward to the borough Assembly a recommendation to revise KIBC 2.120.010 to reflect the KIB Parks and Recreation Committee consist of seven voting members and four voting members shall constitute a quorum for conducting business. Discussion regarding alternative voting members, reaching a quorum, the problem of members not attending the meetings, and consistency and continuity of all boards. Alternative voting members doesn't work and it should be the same people voting on business. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) S14-006 Draft Final Plat Review Letter dated 2-24-2014 B) Field Review Memo-Russian Creek Subdivision, Lot 9A dated 1-31-2014 C) Notice of Compliance dated March 4, 2014 Maker reported on the communication items. In response to CHAIR TORRES inquiry of why hasn't the code been followed and the Planning and Zoning Commission sign the S14-006 plat and why has the P&Z signature line been removed. The Planning and Zoning Commission does the final plats and he quoted KIBC 16.50.010 stating the final plat shall be approved by the Community Development Department Director when the final plat meets the conditions of preliminary approval, the requirements of this Chapter and Chapters 16.7 and 16.8 Kodiak Island Borough Code is required except when, and CHAIR TORRES would like to invoke this right, the commission reserves the right to require final review by the commission at its discretion. CHAIR TORRES expressed that he wants all final plats to come before the commission for review and asked the commission if there were any objections. There were none. CHAIR TORRES stated another requirement in the code for final plats whether they come from an abbreviated plat or not is there is a received line, approved line, the chair's signature line, and date line which is a requirement from the code on all final plats from KIBC16.50.050.Director Pederson replied he'd have to get the attorney's opinion but because it's an abbreviated plat and the abbreviated platting authority is not P&Z. Director Pederson also stated the final plat coming to P&Z is when P&Z hears the preliminary, not an abbreviated plat. The option for P&Z to review the final is in the code now for when the preliminary came to P&Z. KIBC 16.30.040 action, the platting authority for the abbreviated plat procedure is in the Community Development Department Director and within 20 working days of acceptance we shall accept or deny. Any approvals or denials shall be reported to the commission. 3/19/2014 P&Z Minutes Page 4 of 6 CHAIR TORRES stated what he's saying is he wants the final review of the final plat to come before the commission for final approval and it can be signed that night. That is CHAIR TORRES' interpretation of the code. He said he believes the abbreviated plat ends after the preliminary plat review, the final plat is not part of the abbreviated plat, it's a separate procedure. The Community Development Department Director has platting authority of the abbreviated plats, not the final plat. In response to CHAIR TORRES' inquiry of how many final plats recently have been recorded without the commission's signature on it, Director Pederson replied several. COMMISSIONER ARNDT expressed concern with abbreviated plats that he's seen gone through long before Director Pederson was here. He feels there aren't enough eyes on the plats and to get an attorney's opinion. COMMISSIONER RICHCREEK interprets abbreviated plats from preliminary to final is abbreviated and the director has platting authority. If we have issues with what defines what qualifies as an abbreviated plat we have an opportunity to address that issue tonight. COMMISSIONER RICHCREEK MOVED to accept communications as presented. Discussion regarding Planning and Zoning Chair signature line and approval process. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: The P&Z will be reviewing the draft revisions to Title 16 (Subdivisions), Title 17 (Zoning), and Title 18 (Borough Real Property in a series of special meeting and regular meetings on the following dates. • March 19, 2014 Planning & Zoning Code Revision Special Work Session in the KIB Conference Room immediately following the regular meeting • March 24, 2014 Planning & Zoning Code Revision Special Work Session at 6:30 p.m. in the KIB Conference Room • March 26, 2014 Planning & Zoning Code Revision Special Work Session at 6:30 p.m. in the KIB Conference Room • April 2, 2014 Planning & Zoning Code Revision Special Work Session at 6:30 p.m. in the KIB Conference Room • April 7, 2014 Planning & Zoning Code Revision Special Work Session at 6:30 p.m. in the KIB Conference Room • April 9, 2014 Planning & Zoning Packet Review Work Session at 6:30 p.m. in the KIB Conference Room immediately followed by the Code Revision Special Work Session • April 14, 2014 Planning & Zoning Code Revision Special Work Session at 6:30 p.m. in the KIB Conference Room • April 16, 2014 Planning & Zoning Regular Meeting at 6:30 p.m. in the Assembly Chambers immediately followed by the Code Revision Special Work Session in the KIB Conference Room This schedule may be adjusted as necessary to make efficient use of the Commission's time. Accordingly, any Title may be discussed at any given meeting. Please check our website for updates. COMMISSIONER DRABEK stated she will not be able to attend April 14th and April 16th due to being out of town. COMMISSIONER ARNDT said he can stay for a while at tonight's special work session but will have to leave early. 3/19/2014 P&Z Minutes Page 5 of 6 COMMISSIONER RICHCREEK said she will be out of town from April 4th through April 26th and will miss April 7`h, 9'h, 14`h, and 16th meetings. COMMISSIONER OLSEN said she will also be out of town April 7th and April 9`h. CHAIR TORRES will be gone April 2nd 7`h and 9", and with any luck he'll be back by April 1411, B) Abbreviated & Final Approvals - Subdivisions COMMISSIONER RICHCREEK MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Paul Van Dyke, KIB IT Department, thanked the Coast Guard for including the coordinates for the repeater site that will help with mapping, but there's discrepancy on what the reflector site looks like on the original proposal and different in some of the other documents. Director Pederson stated he sent Title 18 for preliminary code advisor review to get it cleaned up before it gets down the path and they've returned their comments already. The attorney has wrapped up his legal review and didn't see any issues with it. Scott Arndt asked what the status is on Title 17. Director Pederson said there are some details and he'd like to get it as good as the second version of 16 and 18 that you got but there's so much more here. We're getting close. CHAIR TORRES said when he sees the current code it's in two columns and would prefer them in single column for review. COMMISSIONER'S COMMENTS None. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 7:28 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Alan Torres, Chair ATTEST By: Sheila Smith Community Development Department APPROVED: APRIL 16, 2014 3/19/2014 P&Z Minutes Page 6 of 6