2014-08-20 Regular Meeting RECEIVED
KODIAK ISLAND BOROUGH SEP 2 2 2014
PLANNING & ZONING COMMISSION
MINUTES BOROUGH CLERICS OFFICE
KODIA ALASKA •,1�.
August 20, 2014Re• lar Meetin• 6:30 •.m. in the • - • • •-
CALL TO ORDER
CHAIR TORRES called to order the August 20, 2014 regular meeting of the Planning and Zoning
Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance.
ROLL CALL
Commissioners present were Alan Torres, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Maria
Painter, Scott Arndt, and Pat Olsen.
A quorum was established.
Community Development Department staff present was Bob Pederson, Sheila Smith, Jack Maker,
and Martin Lydick.
APPROVAL OF AGENDA
COMMISSIONER ARNDT MOVED to approve the August 20, 2014 Planning & Zoning
Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER ARNDT MOVED to approve the July 16, 2014 Planning & Zoning Commission
minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZEN COMMENTS
None
PUBLIC HEARINGS
A) Case S14-017. Request preliminary approval of the subdivision of Tract A, Raven Hills
Subdivision, vacating a road and utility easement and creating Lots 1, 2, and 3 Raven Hills
Subdivision, Townsend Addition (KIBC 16.40). The applicant is David Townsend/Philip
Cullum/Barbara Spalinger/Robert Baer/Kodiak Island Borough and the agent is David
Townsend. The location is 2840 Monashka Bay Road and the zoning is RR1-Rural
Residential One.
Jack Maker reported this subdivision request is of a 5.63 acre parcel into three lots. The parcel was
recently purchased during Borough Land Sale No. 18, and the current plat restricts its subdivision
to no more than three lots unless public sewer and water are available. Staff recommended
approval of this request subject to six Conditions of Approval.
COMMISSIONER ARNDT MOVED to grant preliminary approval of the subdivision of Tract A,
Raven Hills Subdivision vacating a road and utility easement and creating Lots 1, 2, and 3 Raven
Hills Subdivision, Townsend Addition (KIBC 16.40), subject to six (6) conditions of approval and to
adopt the findings in the staff report entered into the record for this case as "Findings of Fact" for
case S14-017.
Close regular meeting & open public hearing:
8/20/2014 P&Z Minutes Page 1 of 5
There was no public testimony
Close public hearing & open regular meeting:
Brief discussion
CONDITIONS OF APPROVAL
1. The Final Plat shall include a note requiring all lots to have a minimum driveway width of twenty
(20) feet to accommodate fire apparatus and emergency services vehicles.
2. The Final Plat shall contain a note requiring the maintenance costs for any shared portions of
the driveway on the flag stem of Lot 2 to be equally divided among the respective property
owners.
3. The 30' driveway easement on the flag stem of proposed Lot 2 shall be identified as a 30'
driveway and utility easement on the Final Plat
4. The legal description on the Final Plat shall read "Replat of Tract A, Raven Hills Subdivision
(Plat 2004-9) vacating a portion of a road and utility easement (Plat 68-8) creating Lots 1, 2,
and 3, Raven Hills Subdivision, Townsend Addition".
5. On the Final Plat, note No. 5 shall be revised to read "Lots 1 and 3 shall not be subdivided until
connection to public water and sewer service is available".
6. The Final Plat must properly depict Monashka Bay Road (KIBC 16.050.020.E).
FINDINGS OF FACT
1. The specific conditions of approval will ensure that all required details are properly addressed
on the Final Plat.
2. The specific conditions of approval satisfy all review agency requests.
3. This plat provides a subdivision of land that is not detrimental to the public's health, safety, or
general welfare.
4. This plat provides a subdivision of land that will not result in material damage or prejudice to
other properties in the area,
5. This plat provides a subdivision of land that is consistent with the adopted Borough plans and
development trends for this area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case 14-022. Request a Land Disposal review to consider disposal of Lots 11-14, Block
4, and a portion of Tract R-2, Killarney Hills Subdivision (KIBC 18.20.030). The applicant is
the Kodiak Island Borough and the agent is Robert Scholze, Borough Resource Officer, The
location is NHN Woody Way Loop (Lots 11-14, Block 4) and 3235 Rezanof Drive (Tract R-2)
and the zoning is R2-Two-family Residential.
Maker reported this request is for a disposal of public lands at fair market value. This new request
expands the area of a previous land disposal that resulted in the creation of Lots 11-14, Block 4,
and Tract R-2, Killarney Hills Subdivision. Lots 11-14 were scheduled to be sold during KIB Land
Sale No. 18 but were withdrawn from the sale to further investigate details for connection to public
sewer and to research alternative designs that would expand the disposal area. The Borough
Resource Management Officer has developed a conceptual design that expands the disposal area
from .91 acres to 1.6 acres and increases the number of lots from four to nine. Staff recommended
the commission forward this to the Assembly with a favorable recommendation.
COMMISSIONER RICHCREEK MOVED to adopt Planning and Zoning Commission Resolution
No. FY2015-02 recommending disposal of Lots 11-14, Block 4, and a ± 29,979 square foot portion
of Tract R-2, Killarney Hills Subdivision, to facilitate creation of up to nine (9) lots to be sold to the
public at fair market value (KIBC 18.20.100.A); and to adopt the findings of fact listed in the staff
report entered into the record for this case as "Findings of Fact" for Case No. 14-022.
Close regular meeting & open public hearing:
8/20/2014 P&Z Minutes Page 2 of 5
Kathy Huling stated she was confused on the lots being subdivided and was concerned about if it
was coming through Murphy Way.
Director Pederson stated this action expands the area and reconfigures these lots so there are
nine lots, and the four existing lots will become five lots and then the others will be taken from the
larger lot shown. Murphy Way is a platted Right-of-Way and it could be part of the discussion for
the overall Tract R-2 in the future.
Bob Scholze, Borough Resource Officer stated where the original four lots existed was going to
require the installation of public water and sewer in Woody Way that would have been premised on
pushing sewage uphill which was suppressing the value of the lots. The Assembly was interested
in pursuing a design that would make individual lots more readily available to individual buyers.
This design would take advantage of gravity with the sewer.
Close public hearing & open regular meeting:
FINDINGS OF FACT
1. The commission has reviewed the proposed disposal and finds the land to be surplus to the
public's need.
2. This disposal will accommodate the community's need for additional land to facilitate residential
development.
3. This disposal is consistent with the Comprehensive Plan implementation action of identifying an
adequate supply of land in each community to meet future residential and other land
development needs.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
A) Adoption of Findings of Fact for Case 14-014.
STAFF REPORT
COMMISSIONER RICHCREEK MOVED to adopt five findings of fact as Findings of Fact for Case
14-014. These Findings of Fact are:
1. Lots adjacent to this lot are zoned Commercial/Business and the commercial use is
consistent with existing land use activity in this area.
2. The lot is located in an important, pre-existing commercial center.
3. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough
Comprehensive Plan Goal to support commercial businesses and areas within the
Borough.
4. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough
Comprehensive Plan Goal to update and improve the effectiveness of Borough policies,
plans, regulations and procedures, achieved by reviewing zoning ordinances with a focus
on minimizing the number of zones where possible to mitigate confusion.
5. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough
Comprehensive Plan Implementation Action to periodically review adopted zoning districts
to ensure that they are appropriate and focused on the needs and direction provided by the
Comprehensive Plan, as an example supporting Commercial/Business.
Discussion
COMMISSIONER ARNDT MOVED TO AMEND the motion to read #1. Three lots to the east and
south are Commercial/Business.
COMMISSIONER ARNDT MOVED TO AMEND the motion to strike the words "three lots to the
east" and leave "lots to the south."
FINDINGS OF FACT
1. Lots to the south are zoned Commercial/Business.
8/20/2014 P&Z Minutes Page 3 of 5
2. The lot is located in an important, pre-existing commercial center.
3. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough
Comprehensive Plan Goal to support commercial businesses and areas within the Borough.
4. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough
Comprehensive Plan Goal to update and improve the effectiveness of Borough policies, plans,
regulations and procedures, achieved by reviewing zoning ordinances with a focus on
minimizing the number of zones where possible to mitigate confusion.
5. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough
Comprehensive Plan Implementation Action to periodically review adopted zoning districts to
ensure that they are appropriate and focused on the needs and direction provided by the
Comprehensive Plan, as an example supporting Commercial/Business.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-3. The ayes were
COMMISSIONERS PAINTER, ARNDT, TORRES, and RICHCREEK. The noes were
COMMSSIONERS OLSEN, SCHMITT, and DRABEK.
NEW BUSINESS
None
COMMUNICATIONS
A) July Planning and Zoning Commission Regular Meeting Results Letters
B) Notice of Violation dated June 9, 2014
C) Notice of Violation dated July 28, 2014
COMMISSIONER SCHMIT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• September 10, 2014 work session at 6:30pm in the KIB Conference Room
• September 17, 2014 regular meeting at 6:30pm in the Assembly Chambers
B) Abbreviated & Final Approvals - Subdivisions
C) Minutes of Other Meetings
• April 22, 2014 Parks and Recreation Regular Meeting
• June 24, 2014 Parks and Recreation Regular Meeting
Director Pederson stated the commission will be moving towards the CivicWeb agenda software
and it's our goal to have IT come to your September work session to train the commissioner's on
how to use the program.
COMMISSIONER SCHMITT asked whether the commission will get their 'pads back in advance of
that meeting.
Director Pederson assured them that they would.
Director Pederson stated the intended launch date is September 2, 2014 for the Code Revision
Update. Everything will be posted on the website, emailed to the commissioners, public hearing
notices will go out on that day or very soon after, Janel Day, GIS Tech, is working on the zoning
maps, PSA's on the radio, we will be doing a Talk of the Rock Show on KMXT, a news story and
display ads in the Kodiak Daily Mirror, and a notice will be mailed to every property owner in the
borough
8/20/2014 P&Z Minutes Page 4 of 5
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
STAFF COMMENTS
Jack Maker pointed out that paper packets will be available upon request.
CITIZEN COMMENTS
None
COMMISSIONER COMMENTS
Jennifer Richcreek stated while we moved forward the process on rezoning one residential lot to
Commercial she also pointed out that the action we took today was to create 12 new residential
lots and she commended the borough for holding the land sales and moving forward with having
these new residential lots be made available to the public for increasing the stock of housing in this
community.
Alan Schmitt said he agrees mostly with Richcreek but he appreciates her efforts in putting
together the Findings of Fact even though he disagrees with them.
Alan Torres reminded the commission that he leaves town on Saturday and will be gone for a
month.
Director Pederson said he will be gone for both meetings in September and Martin Lydick will be
handflng those agenda items,
ADJOURNMENT
COMMISSIONER ARNDT MOVED to adjourn.
VOICE VOTE ON MOTION
CHAIR TORRES adjourned the meeting at 7:20 p.m
KODIAK ISLAND BOROUGH
PLANNI D ZONING COMMISSION
By: \��.� �^'�~'r�~�� \] ]y
Co[[ Alan ToxeS. Ch8ir
Attest
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Sheila Smith
Community Development Department
APPROVED: September 17, 2014
8/I0/7014 P&Z Minutes Page 5o[5