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2014-09-17 Regular Meeting RECEIVED . Kodiak Island Borough OCT 2 3 2014 Planning & Zoning Commission BOROUGH CLERK'S OFFIC Minutes KODIAK,ALASKA September 17, 2014 6:30 p.m. in the Assembly Chambers CALL TO ORDER COMMISSIONER SCHMITT called to order the September 17, 2014 regular meeting of the Planning and Zoning Commission at 6:31 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR SCHMITTT led the pledge of allegiance ROLL CALL Requested to be excused were Alan Torres, Pat Olsen, and Jennifer Richcreek. Commissioners present were Alan Schmitt, Kathy Drabek, Maria Painter, and Scott Arndt. Community Development Department staff present was Martin Lydick, Jack Maker, and Sheila Smith. COMMISSIONER ARNDT MOVED to excuse Alan Torres, Pat Olsen, and Jennifer Richcreek. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the September 17, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to amend the July 16, 2014 P&Z minutes previously adopted to reflect Mark Anderson believes the property is zoned Business, and the vote was 4- 3. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT MOVED to approve the August 20, 2014 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION UNANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS A) Case15-002. Request (1) a Variance to reduce the required off-street parking from 74 spaces to 26 spaces, and (2) a Variance to exceed the 32 foot maximum driveway width by 80 feet 10 inches (KIBC 17.195, 17.175.040.A and 17.175.080.F). The applicant is Trident Seafoods and the agent is Kurt Esveldt. The location is 105 Marine Way and the zoning is I-Industrial. Jack Maker reported these variances are to enhance the redevelopment prospects of a recently purchased waterfront Industrial property. Seventeen public hearing notices were sent out and staff received one negative reply. Staff recommends denial of the parking variance and approval 9/17/2014 P&Z Minutes Page 1 of 11 of the driveway variance. Staff added the current parking plan for Trident Star along with the applicable zoning compliance permit that instituted that plan and Trident Seafoods also provided additional information. COMMISSIONER SCHMITT inquired about the square footage shown on the zoning compliance permit and if Trident has the 80 off street spaces shown in the parking plan, Maker said they do indicate 80 spaces on their parking plan and staff's review show that several spaces are often blocked on the initial review for the initial zoning compliance permit and initial variance application that was returned due to deficiencies approximately 37 spaces of the 80 spaces were not available during that one review. They have made some improvements with more of the spaces available. COMMISSIONER PAINTER inquired if they are within the 600 feet limit for their Kashevaroff property, Maker stated for the one parcel they are within 600 feet but he'd have to check on the other parcel. COMMISSIONER PAINTER stated they could vacate that lot line between the 2 parcels and then they could use the Kashevaroff property for parking if they had to, Maker said they could if they can meet the parking requirements for the structures that already exist there and there may be some deficiencies in parking for the Kashevaroff property. Lydick reported with the current uses and structures, the parking that's permitted on that was by a variance so there is that calculation and you look at the current uses, the ones that were permitted and the variance. Therefore those uses and that parking requirement is grandfathered which is as is, where is they could change the use of any of those two parcels as long as they don't change it to a use which requires a higher parking density. COMMISSIONER ARNDT stated what he's hearing is there was a variance granted for the Cherrier King property so there are no additional parking spaces available, Lydick stated that's correct. COMMISSIONER PAINTER asked if staff sees any possible way this can work because there are 2 properties, they do qualify for the off-site parking, Maker stated his knowledge of the properties are there is no other available parking, all parking that's available on both parcels, whether the property line was vacated or not is committed to the buildings on those 2 parcels. The dormitory use on that parcel is zoned Business and dormitories are not a permitted or conditional use in the Business zone therefore, they would have to be treated like multi-family dwelling units and would have to meet the parking requirements although there has been a parking variance that has been granted. He'd have to look into it further. COMMISSIONER PAINTER MOVED to grant a variance to reduce the required off-street parking for a seafood processing facility on Tract N-14, Alaska Tideland Survey 49, from 74 spaces to 26 spaces (KIBC 17.195, 17.175.040.A). Close regular meeting & open public hearing: Steven Peters, Architect for project, stated they appreciate working with the City of Kodiak and the borough due to it being fairly complex. They agree with the recommendation and findings from staff re: the driveway. He said re: the parking they agree with at least 1 of the 6 criteria for granting a variance. They believe there are exceptional physical circumstances with this site; it's narrow and 1/3 smaller of the adjacent property, it's less than several of the other nearby properties, and has a narrow frontage that's been recognized as a difficulty for access issues. We feel this wasn't created by us, it was a condition of site. The 4 foot diameter sewer (inaudible). We are dealing with a constricted site that's long and narrow and this is the smallest, narrowest site to put a feasible site to put a fish plant on. The relocation of the sewer is a major effort that we will take the lead on construction and are working with Public Works. Staff indicated it would result in a reduction of available public parking and we've done an in-house 9/17/2014 P&Z Minutes Page 2 of 11 study that indicates a surplus from both properties, even with the proposed 26 and designated 80 spaces. Management has directed employees to not impact any private parking, so we don't see that as an impact. As far as the Comp Plan goes, he's looked at it and we think we meet the goals and objectives of that, particularly Land Use regulations, Economic Development and employment opportunities. We're being forced to relocate the sewer to make the project happen and these are unique circumstances that we've not created. It will not create a prohibited use, it is an allowed use. COMMISSIONER PAINTER asked the applicant if the variance is not granted the economic feasibility could be eliminated, Steve Arbor stated we're in a position where Kodiak doesn't have sufficient processing for the amount of fish we buy. We move fish out of Kodiak to other places but we'd rather process the fish here in Kodiak; it's more economically feasible, and supports the local community. We've looked at expanding other plants. Kodiak is strategically placed for us and we can bring fish in from Prince William Sound and other places if we over run places like Sand Point. Currently, we don't have that capability. This is a small processing plant and we need to expand it but we want the buildings and plant to be on the same footprint. We need to maximize what we can do with it. Kurt Esveldt, Project Manager, stated he's been involved in this project since its initiation. This is the third plant of this syle that we've considered building. We've built plants of the same style in Wrangell and Ketchikan. This is a significant change in how we process fish and they're highly economically efficient plants. We understand what high speed push tunnels and rapid freezing mean. The parking study we've done indicates this plant has enough parking spaces. Of the 26 spaces being suggested to fully cover the crew that will have cars, the design stands alone on its merit. We've also purchased off-site properties for people who don't have cars. In the 2 locations where we've built these highly efficient plants the number of crew that we need we now understand this is a significant gain for this community without overloading the site with too many cars. He believes the 26 spaces speak for themselves. We've also attempted to address past issues by clearing up parking in other locations. The important point is this number of crew will suffice for this operation. Production and people are in balance with each other. This will take approximately 50% of this lot. We have good setbacks. Ron Painter, ex-fisherman, spoke in support of this request stating he fished for Trident Seafoods and they were a wonderful company to fish for. They always did what they said they would do and went out of their way to help the fisherman. He couldn't say enough about this company and asked the commission to give them their highest consideration. Close public hearing & open regular meeting: Discussion about being told at one meeting there is no downtown parking problem and then at other meetings being told there are parking problems, other businesses being provided parking at 100%, the applicant provided information that the parking demand is less than what KIB requires, the possibility of the 600 foot distance with the other property, a definite parking problem where most of the parking spaces don't exist due to vans parked and other equipment in the spaces and vans also parked on the street, not 80 spaces provided, employees parking on the street and other places. COMMISSIONER ARNDT MOVED to postpone to next month. VICE CHAIR SCHMITT requested no one second the motion because we can't debate after it's seconded he wants to give more opportunity for commissioners to speak and perhaps get somewhere that will work. Motion died due to a lack of a second. 9/17/2014 P&Z Minutes Page 3 of 11 During discussion COMMISSIONER DRABEK agreed with COMMISSIONER ARNDT and she stated she finds the parking plan provided them to be lacking because she's familiar with this site. VICE CHAIR SCHMITTT inquired from staff regarding the zoning compliance permit for the Star of Kodiak property, we're talking about the existing structures are shy of 50,000 feet but according to the parking plan they were required to have 80 spaces. The new facility is over 50,00 sq. feet but the current code only requires them to have 74 spaces so for a facility less than 50,000 sq. feet (Star of Kodiak property) would the current requirements require something in the range of 74 spaces rather than 80, Maker said the calculation performed by the planner at that time indicates the second floor processing area calculated out to 16 spaces, the first floor processing area is 9 spaces, the ship first floor processing area is 9 spaces, the ship second floor warehouse area is 13 spaces, the ALKOD building first floor is 17 spaces, ALKOD building warehouse area is 8 spaces, and the dorms is 8 spaces for a total of 80 spaces. If we were going to recalculate in this day and age we wouldn't separate those uses, we would just call it one industrial facility as we did for the new facility. Martin Lydick stated this review in 2004 is directly responsible for the adjustments the department made on an administrative level to throw out the whole idea that every waterfront industrial cannery could on any given day accurately calculate the segregated square footages devoted to each use. This particular property because of the configuration and because of the different usages that were occurring on that property in any given season was the primary driver for administrative change that was adopted-lspace for every 700 sq. feet gross. COMMISSIONER ARNDT MOVED to postpone to next month's meeting. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED 2-2. The noes were VICE CHAIR SCHMITT and COMMISSIONER PAINTER. The ayes were COMMISSIONERS DRABEK and ARNDT. ROLL CALL VOTE ON MAIN MOTION FAILED 2-2. The noes were VICE CHAIR SCHMITT, DRABEK, and ARNDT. The ayes were COMMISSIONER PAINTER. When asked if anyone would like to change their vote VICE CHAIR SCHMITT changed his vote to aye. VICE CHAIR SCHMITT ruled it is not inappropriate for him to entertain an alternate motion. There were no objections. VICE CHAIR SCHMITT MOVED to grant a variance to reduce the required off-street parking for seafood processing facility on Tract N-14, Alaska Tideland Survey 49 from 74 spaces to 37 spaces (KIBC 17.195, 17.175.040.A) subject to two (2) conditions of approval. Conditions of approval 1. Before the variance becomes effective the applicant must either; A. Prepare and submit to the borough a plat which vacates the lot line between Tract N-14, Alaska Tideland Survey 49 and the adjoining Tract Lot 6A-1, Block 18, New Kodiak Subdivision; or B. Prepare and submit to the borough for approval by the borough attorney and recording a shared parking agreement between Tract N-14, Alaska Tideland Survey 49 and the adjoining Tract Lot 6A-1, Block 18, New Kodiak Subdivision. 2. Under either of the above options the applicant may not reduce the combined parking requirements for both parcels below 50% of the current code requirement unless it obtains from the City of Kodiak and records a lease for the number of parking spaces to reach the 50% requirement. And part of this would include a motion to adopt as findings of fact if the motion passes; The applicant's response to the variance approval criteria on pages 4-6 of the staff report for this case with #3 being modified to read "The proposed facility meets all other current zoning 9/17/2014 P&Z Minutes Page 4 of 11 regulations and requirements and the 50% reduction in the current code requirement is consistent with the code revisions presently under consideration. In response to COMMISSIONER ARNDT'S inquiry if it would be 50% only on this or 50% on the whole Star of Kodiak and Alaska Fresh, VICE CHAIR SCHMITT replied it would be 50% on both. During discussion COMMISSIONER ARNDT expressed concern about this setting a precedence and affects all of the waterfront, and he feels without an extensive review of all the waterfront properties this is inappropriate, a 50% reduction across the board and he can't support it. During discussion COMMISSIONER PAINTER stated the Urban Renewal Plan expired in 2002 from her knowledge. Possibly we have to look at all businesses equally in that area. During discussion VICE CHAIR SCHMITT expressed concern that not dealing with the case tonight is Trident Seafoods needs and has the right to be able to move forward on this large project. COMMISSIONER ARNDT stated when it comes to parking because of Island Seafoods-Pacific Seafoods, they purchased the lot next door to provide the parking that was determined they had to provide, and then you're going to say they don't have to do that here; he has problems with bouncing around with no consistency with this motion before us. He wants more information. ARNDT would like to see the 80 spaces on the Star of Kodiak property, he's in favor of a potential variance up to but no more than 50% on the Alaska Fresh but in order to get there he wants information. Instead of 26 spaces which is 21 spaces going to 37 and part of that could possibly be obtained through a lease with the City of Kodiak. To reduce this whole thing to 50% saying there is a total of approximately 74 spaces required for both parcels he cannot support. In response to COMMISSIONER PAINTER'S inquiry about what percentage of a parking reduction does Trident currently have with the Star of Kodiak, Maker stated there is no reduction and he did the math based on the last zoning compliance permit in which this parking plan was instituted and if we calculate it not separating the dorms and warehouse uses it would be 73 spaces for that facility. Right now they have 80 in their parking plan. During discussion COMMISSIONER PAINTER believes the reduction language could be tweaked a bit. VICE CHAIR SCHMITT said he made a motion and mis-spoke earlier re: COMMISSIONER ARNDT'S question and stated this motion does not address the required number of spaces for the Star of Kodiak property so we would just be focusing on Tract N-14 reducing it from 74 to 37 spaces. COMMISSIONER ARNDT asked VICE CHAIR SCHMITT if the Star of Kodiak parking plan doesn't enter into this is any shape or form, VICE CHAIR SCHMITT stated only to the extent that if they have more spaces than they need some of those could be used to make the 37 spaces for Tract N-14. COMMISSIONER ARNDT stated those 80 spaces can't be found now. The 37 spaces with 5 vans spaces would be 32 spaces versus 21 on the current variance and that could potentially be leased from the City of Kodiak. He was hoping for a postponement to gain more information as far as the freezer, capacity, and how all this ties together as the end result. He would also like information to backup reducing it on the Alaska Fresh parcel to 50% but he doesn't want to reduce it on the Star of Kodiak due to it being inappropriate because of the parking situation there. COMMISSIONER ARNDT is confused by VICE CHAIR SCHMITT'S motion and wants to be sure that it is speaking of the Alaska Fresh property. VICE CHAIR SCHMITT assured ARNDT it does only apply to Tract N-14. 9/17/2014 P&Z Minutes Page S of 11 VICE CHAIR SCHMITT MOVED to postpone this motion regarding our first case until the October regular meeting of the Planning and Zoning Commission. ROLL CALL VOTE FAILED 3-1. The noe was COMMISSIONER PAINTER. The ayes were VICE CHAIR SCHMITT, COMMISSIONER DRABEK, and ARNDT. After the vote was announced COMMISSIONER PAINTER wanted to change her vote. VICE CHAIR SCHMITT MOVED to reconsider the motion to postpone. ROLL CALL VOTE CARRIED 4-0. COMMISSIONER ARNDT MOVED to grant a variance to exceed the 32 foot maximum driveway width by 80 feet 10 inches on Tract N-14, Alaska Tideland Survey 49 (KIBC 17.195 and 17.175.080.F); 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. 15-002. Close regular meeting & open public hearing: Steven Peters, Architect, spoke in support of this motion stating they agree with staff analysis and recommendation. He believes Public Works is supportive of that because it eases snow removal and other maintenance issues. He feels it will help the general loading and vehicular access issues for the property. Close public hearing & open regular meeting: During discussion there was consensus for approval. FINDINGS OF FACT (KIBC 17.195.050.A.1-6) Exceed Max Driveway Width 1. The width of the parcel is not capable of providing the required 75 foot driveway separation for a practical placement of two driveways and a single 32 foot driveway inadequately accommodates permitted uses for Industrial zoning. Driveways that exceed the 32 foot maximum width are common among other less constrained Industrial zoned waterfront parcels. 2. The strict application of the maximum driveway width requirement would severely limit ingress and egress of tractor-trailers and other equipment and reduce design options for further development of the parcel. Strict application of the code would also prohibit driveway development that is benefitting other Industrial zoned waterfront parcels. 3. Granting the variance will not result in material damage or prejudice to other properties in the vicinity and will positively impact the public's health, safety, and general welfare by improving snow removal capabilities and providing for a safer flow of traffic on the parcel. 4. Granting the variance will not be contrary or detrimental to any of the objectives of the Comprehensive Plan and is consistent with certain goals and objectives intended to support the fishing industry and local economy. 5. The applicant did not cause the special conditions from which relief is being sought. Those conditions are caused by the parcel's narrow frontage along West Marine Way. That narrow frontage will not accommodate a driveway configuration that is conducive to permitted industrial uses. 6. Granting of the variance will not permit a prohibited land use in the district involved. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 15-003. Request a Conditional Use Permit to establish transportation and utility facilities (snow storage site and utility materials storage) on a C-Conservation zoned parcel (KIBC 17.200.010 and 17.50.040H). The applicant is the City of Kodiak and the agent is Mark Kozak. The location is 901 and 909 Pillar Mountain Road and the zoning is C-Conservation. 9/17/2014 P&Z Minutes Page 6 of 11 Maker reported this request anticipates the City of Kodiak's establishment of a snow storage yard on an unused portion of a larger tract. The code allows for a conditional use within the Conservation zone deemed a utility facility. The existing water treatment facility was allowed under that use. This request is ancillary to the city's transportation utility function of maintaining public streets and roads. Two hundred five public hearing notices were sent out and two written comments were returned expressing concern for the safety of children and the ability of city streets to withstand increased truck traffic. Staff recommends approval of this request. COMMISSIONER ARNDT MOVED to grant a Conditional Use Permit, per KIBC 17.200, to establish transportation and utility facilities (snow storage site and utility materials storage) on a C-Conservation zoned parcel (KIBC 17.200.010 and 17.50.040H) and to adopt as Finding of Fact the findings contained in the staff report dated September 5, 20014 for Case No. 15-003. Close regular meeting & open public hearing: There was no public testimony. Close public hearing & open regular meeting: During discussion there was consensus to approve. FINDINGS OF FACT A That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The surrounding area is already significantly developed with municipal utility installations. The proposed use is so similar in character to the existing use that any distinction between the uses is argumentative only. The proposed area for the use is separated from adjoining lands by naturally occurring barriers or buffers that will serve to preserve the integrity of abutting residential uses. B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development has been submitted as part of the application and made available for public review. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case15-004. Request a Screening Review for outdoor storage and retail services on a B-Business zoned parcel that is adjacent to a residential zoning district. The applicant proposes no screening (KIBC 17.90.050.C). The applicant is Dayton Wandersee. The location is 4545 Rezanof Drive and the zoning is B-Business. Maker reported that after the property was rezoned to Business the property owner immediately established a Business use on the property without the required screening review. When approached with a request for a zoning compliance in order to establish a coffee kiosk on the property the department declined to process the request until after the screening review had been addressed. The property is separated from adjacent properties by Rights-Of-Ways and topographical features. The no screening option is proposed by the applicant would be consistent with the Business property to the north and west or the Public Use property to the east. Thirty-one public hearing notices were sent out and has received one negative written comment. Staff recommends approval of the no screening option with no conditions of approval. 9/17/2014 P&Z Minutes Page 7 of 11 COMMISSIONER ARNDT MOVED to approve the no screening option as proposed for a combination of outdoor storage and retail services on Lot 4 Block 5 Miller Point Subdivision per KIBC 17.90.050 C, and to adopt the findings in the staff report dated September 5, 2014, as Findings of Fact for Case No. 15-004. Close regular meeting & open public hearing: Barbara Rabold spoke in opposition stating she was also representing 8 other homeowners with a petition. The neighbors have been concerned about this property going back to 2008. She is in favor of having screening. Gena Diniega-Wandersee stating she was offended by staff comments and read from the staff report pointing out inaccuracies. She provided a picture of what was being stored in the hoop house after staff admitted that no one looked in the hoop-house but assumed it was being used as a storage warehouse. She also quoted information from the Community Development Department webpage. Chris Lynch spoke in support of the screening review stating the applicant is trying to follow the process. Every use on this property is a permitted use for Business zone according to the KIB Code. She also said she was disappointed in the staff's comments. Close the public hearing & open the regular meeting. Discussion In response to COMMISSIONER PAINTER'S inquiry on the Rezanof side there's approximately 150 feet Right-Of-Way, is that Business zone across Rezanof, Maker stated Bayside Fire Department is Public Use Lands. In response to COMMISSIONER PAINTER'S inquiry of to the left of the triangle is the KEA yard, Lydick stated yes, it is. In response to COMMISSIONER PAINTER'S inquiry of behind Wandersee's property is cliff face, what is the height of the cliff face, Maker referred to Wandersee who stated the building is approximately 20 feet so the cliff face is approximately 30 feet. Discussion on multiple uses on the property, visibility coming out onto a road, the code for Business zoning VICE CHAIR SCHMITT MOVED to amend the motion to require that screening be required consisting of a natural berm and vegetation for a combination of outdoor storage and retail services on Lot 4, Block 5, Miller Point Subdivision per KIBC 17.90.050.0 and to adopt the following finding of fact: This property is adjacent to a residential zoning district. Brief discussion COMMISSIONER ARNDT MOVED to amend the motion to provide screening on the south property line only which is where the natural vegetation and the stair step rock cut is. ROLL CALL VOTE ON MOTION TO AMEND FAILED 3-1. The noes were VICE CHAIR SCHMITT. The ayes were COMMISSIONERS DRABEK, PAINTER, and ARNDT. ROLL CALL VOTE ON MOTION TO AMEND FAILED 2-2. The noes were COMMISSIONERS PAINTER and ARNDT. The ayes were VICE CHAIR SCHMITT and COMMISSIONER DRABEK. COMMISSIONER PAINTER MOVED to amend no screening option to reasonable screening by the applicant. The motion died due to a lack of a second. 9/17/2014 P&Z Minutes Page 8 of 11 ROLL CALL VOTE ON MAIN MOTION FAILED 1-3. The no was VICE CHAIR SCHMITT. The ayes were COMMISSIONERS DRABEK, PAINTER, and ARNDT. D) Case S15-002. Request a preliminary approval of the replat of Lots 2 and 21A, Block 4, Monashka Bay Subdivision, vacating portions of road and utility easements and creating Lots 2A and 21 B, Block 4, Monashka Bay Subdivision (KIBC 16.40). The applicants are James and Barbara Spalinger, James and Peggy Purdy, David Townsend, and Robert Baer. The agent is James and Barbara Spalinger. The locations are 1548 Sawmill Circle and 2769 Lakeview Drive and the zoning is RR1-Rural Residential One. Maker reported this request will relocate a common rear lot line to add a portion of 1 lot into another. The replat will create 2 reconfigured lots that meet the lot area and width requirements for RR1 zoning and the design and improvement requirements. The request also includes a vacation of road and utility easements that require approvals by both the commission and assembly. The easements are a portion of the easements vacated and approved last month for Case S14-017. The other easement is a 20 foot wide utility easement that is centered on the common rear lot line to be vacated by this plat. The replat proposes to retain a 10 foot wide portion of the road and utility easement for utility purposes only. Twenty-six public hearing notices were sent out and no written comments were returned. Staff recommends approval of this vacation with no conditions of approval. COMMISSIONER ARNDT MOVED to grant preliminary approval of the replat of Lots 2 and 21A, Block 4, Monashka Bay Subdivision, vacating portions of road and utility easements and creating Lots 2A and 21B, Block 4, Monashka Bay Subdivision (KIBC 16.40), and to adopt the findings in the staff report entered into the record for this case as "Findings of Fact" for case S15-002. Close regular meeting & open public hearing: Peggy Purdy, one of the applicants, stated it is neighbors wanting to move property not being used and they would like to have it. Close public hearing & open regular meeting: 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 requirements of Title 17 of the Borough Code. 3. The easements vacated by this plat serve no practical purpose and have no monetary value to the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A) August 20, 2014 Planning and Zoning Case Results Letters COMMISSIONER ARNDT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS 9/17/2014 P&Z Minutes Page 9 of 11 A) Meeting Schedule: • October 1, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers • October 8, 2014 Work Session-6:30 p.m. in the KIB Conference room. • October 15, 2014 Regular Meeting-6:30 p.m. in the Assembly Chambers. B) Minutes of Other Meetings C) Abbreviated & Final Approvals - Subdivisions COMMISSIONER ARNDT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Lydick reported the communications we're getting on the Code Update Project, the largest and most frequent question is still the distinction between the R1 zoning and the proposed Village zoning. There are a lot of City Clerk's, and coordinators in these villages that are trying to respond to the people there. He feels it is being well received. We've had only one comment back about what may be an oversight in the Village zoning district and it involves hoophouses are allowed in the R1 district but they are not allowed in the Village zoning district. That is an easy fix. Other than that comments are non-existent only continuing requests for information. We've put together 2 documents that's easier for people to make a side by side comparison and that's because the 2 districts are in fact in different chapters so they don't show up in the same table which has confused the issue. Staff is still working diligently on making address corrections and re-noticing the notices we get back in the mail. He doesn't feel it's a deluge of bad addresses that we're working on but they are rather consistent so there's obviously some kind of problem with our mailing list but we're making the effort to get the updated addresses on them and get them out in the mail. Nevertheless, there's still adequate notice on the webpage and will be notice in the newspaper. VICE CHAIR SCHMITT inquired if there will be any news coverage other than buying the ads, Lydick stated he's personally not making any efforts in those directions. The Clerk or Director may, upon his return, may take that up. COMMISSIONER ARNDT agreed with VICE CHAIR SCHMITT and stated there needs to be some full page ads because he's hearing from property owners that have received notice but a lot of people are out of town fishing. It would be good to have KMXT and the newspaper to have articles so we can get the word out more. Lydick reported there is no good time when everyone is at home and a continual movement to delay. We make every effort to make it easy for people to correspond with us to let us know what is going on, and he encouraged the commissioners to write a letter to the editor. COMMISSIONER ARNDT said it helps to have it out on the radio and in the newspaper. ARNDT hasn't seen much other than some mention of it in the borough ad in the fine print. He'd like to see us do more because we only do this about every 30 years. It would be nice to say we have done everything we can but we have a lot of people who want to become property owner's that I would like to get that information to. VICE CHAIR SCHMITT asked Lydick to speak to Mr. Pederson about the concept of getting with KMXT about PSA's and the Talk of the Rock program to get the word out. Lydick thanked the commission for amending the July meeting minutes as it's important going forward to the Assembly who meets tomorrow night. CITIZEN COMMENTS None 9/17/2014 P&Z Minutes Page 10 of 11 COMMISSIONER COMMENTS Maria Painter said last week we were discussing the Pillar Creek Hatchery Tract re: the 50 foot wide public access easement left out and staff and herself discussed in detail this issue. We are kind of at a standstill, not certain if it's supposed to be on the plat. We are waiting for Mr. Pederson's interpretation of that. She's looking forward to that answer. Kathy Drabek will do everything she can to avoid a conflict with October 1st 8thand 15th. Her work will be sending her back and forth to 4 villages on the island. Alan Schmitt thanked Maria Painter for the work on the access easement because it's good to get things like that clarified. He has read Draft Titles 16 and 18 and he's almost done with Draft Title 17 and he's preparing a list as he goes along of corrections. He will present that to staff before he leaves to go out of the country. Related to that that's in the draft code that connects with an issue that's important to emphasize is all the public notices that we send out is tied to property ownership. We leave out of that notice process people that don't own property, they may just rent or live with family members but they may have something to say. In the new code one of the things required is that notices be put up on the property (signs) so that will help to get the word out. He thinks we need to do what we can to get the word out to people who don't own real property and that's why it's critical to have newspaper ads, radio ads, and whatever we can do to get that out. Martin Lydick clarified your comments are spot on and this is a problem that we've recognized and also the Assessor's Department. At the last GIS group and the round table about where we're going with that software program, how we're going to utilize it and implement new changes to it. The Assessor and Lydick agreed that they want to layer on that GIS system that identifies the lease holders and mobile home unit owners. If that gets done we'll have gone a long way towards having a system where using the tools we have today also include folks like this. That will not include individual tenants in a larger building but at least we'll be capturing the names and addresses of recorded lease holders and mobile home park tenants. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VICE CHAIR SCHMITT adjourned the meeting at 9:01 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZO�MMISSION By: Alan Torres, Chair ATTEST n� By: R to f f8 Sheila Smith Community Development Department APPROVED: October 15, 2014 9/17/2014 P&Z Minutes Page 11 of 11