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2015-01-21 Regular Meeting RE 'IVED - 't 2015 Kodiak Island Borough MAR 7 Planning & Zoning Commission F RK is OFFICE inu L KOIIIAK.Aj s � Mtes January 211, 2015 Rejular Meetin2 6:30 p.m. in the Assembly Chambers CALL TO ORDER VICE CHAIR SCHMITT called to order the January 21, 2015 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR SCHMITTled the pledge of alllegianice. ROLL CALL Requested to be excused is Pat Olsen. Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Maria Painter, and Scott Arndt. Excused was Pat Olsen. A quorum was established. Community Development Department staff present was Director Pederson, Jack Maker, and Sheila Smith. COMMISSIONER ARNDT MOVED to excuse Pat Olsen. VOICE VOTE ON MOTION UNANIMOUSLY APPROVAL OF AGENDA, COMMISSIONER RICHCREEK MOVED to suspend the rules to hear New Business Item B before the public hearings in the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER RICHCREEK MOVED to approve the January 21, 2015 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED, UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the October 29, 2014, November 5, 2014, and the December 17, 2014 Planning & Zoning Commission minutes. COMMISSIONER RICHCREEK stated in the October 291h minutes there are no commissioner comments but comments were made. COMMISSIONER RICHCREEK MOVED TO AMEND the motion to remove the October 29, 2014 from the main motion. 'VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY CITIZEN COMMENTS Items Not Scheduled for Public Hearing: Limited to three minutes, per speaker. Local: 486-3123,1 Toll Free phone number: 855-492-9202. Kyle Crow recommended the commission effectively kill Draft Codes 16, 17, & 18 as soon as possible. He's heard it can be done by tabling indefinitely and he's not sure if this allows these 1/21/2015 P&Z Minutes Page 1 of 12 1 ■ manner as Title 17 and do it well before the next public hearing on it. Finally, especially with regard to Title 16, you need to have some review and discussion of the estimated financial impact of some of the more important proposed changes. For example, don't just tell me that 60 foot rights-of-way are better than 50 foot rights-of-way or that local roads should have 24" of sub-base instead of 18" of sub-base, give me some kind of idea what those changes are going to mean in terms of the cost of constructing a road or preparing a subdivision, tell me because of that what you think the impact will be on the willingness of property owners to go forward with subdivisions. These are very important things. Kodiak could become a beautiful little ghost town if the code requires ever more increasing money to subdivide your property. Frank Bishop stated he's been going over the draft codes the last couple of weeks and like the people before him said it's very confusing. There are just a couple of things in Title 17 that he's seen that pertain to him personally; one is in 17.100.030-1 that is prohibitive of guiding, outfitting, recreational mining, fishing, charters, and fishing services on outlying lands that are zoned in the Pasagshak-Chiniak area. Bishop owns land out there and works off that land as a guide. If this goes through he's not going to be able to work off his land. Bishop pays taxes on that land just like the other land owners do and to have you people tell me that he can't run his business on his own property is absurd. He can't stress enough how much he'd like to see this go back to the old code and be re-revised taking it item by item of what the people need. The people of Kodiak need a simple code that we can all live by. Bishop is not against codes of any kind, he knows we need them to move forward with Kodiak but some of the things written in it are just absolutely can't be done. It would basically put him out of business. Secondly, in 17.160.150 the accessory dwelling units, if you revise the old code add this back in there because the people of Kodiak need a place for the elders to live that come to live with them. If your grandmother, mother, or father need help and they can't afford the old folks home or whatever they need a place to go, they need to be able to build a mother in law apartment on the property where they can do something with it. Sandy Pherson stated she has quite a few issues with Title 17 but since you are reconsidering it she won't comment on it. She has concerns with Title 18 as well. The most important one is she was able to connect 4 distinct pieces in Title 18 that will regulate collecting of cord wood, drift wood, trees that are already downed, and natural plant vegetation. It will make it so you have to get a permit to pick berries, gather wood for a fire on the beach. The residents of Kodiak are already following the rules for the native owned land and she doesn't see how changing the borough land to that similar characteristic will be productive or have anyone in Kodiak happy with it. NEW BUSINESS B) Reconsideration of the Motion to Postpone the Special Public Hearing on the Code Update Project from January 28"' to February 4, 2015 with the Meeting to be Held in the Gerald C. Wilson Auditorium Director Pederson stated we were able to get the auditorium for February 4, 2015 for the public hearing. KMXT will broadcast the meeting but there won't be call in capability. COMMISSIONER PAINTER MOVED to amend the previously adopted motion on January 12, 2015 that states "Move to postpone until the January 28, 2015 Planning and Zoning Commission Special Meeting" to "Move to postpone until the February 4, 2015 Planning and Zoning Commission Special Meeting." VICE CHAIR SCHMITT said if we get more than 100 people and they want to speak the likelihood is that they wouldn't be able to be heard during the time allotted. We go from 6:30 to 11:00 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY 1/21/2015 P&Z Minutes Page 3 of 12 PUBLIC HEARINGS A) Case15-011 (Postponed from December 17, 2014). Request a Conditional Use Permit for non-recreational mineral extraction activities (gravel extraction) on a C-Conservation zoned parcel (KIBC 17.200.010 and 17.50.040.F). The applicant is the Department of Transportation & Public Facilities and the agent is Jennifer Micolichek. The location is NHN (Nest Rezanof Drive (across from Gibson Cove Road) and the zoning is C- Conservation. Jack Maker stated this conditional use permit is to permit gravel extraction for future State road projects. The proposed site is an approximate 8.4 acre portion of a nine acre parcel on the west side of West Rezanof Drive just west of Gibson Cove. Non-recreational mineral extraction activities are listed as a conditional use for Conservation zoning. The Alaska Department of Transportation and Public Facilities proposed to develop this gravel extraction site. They intend to maintain sufficient buffers around the site and perform remediation upon material exhaustion. Staff recommended the posting of permanent signs to warn drivers of trucks entering and exiting the roadway. At last week's Work Session, the commission requested that staff draft an additional condition of approval that does not limit the material extraction from this site to any specific amount per year. That condition of approval is added to the amended motion in the supplemental memo in your case packet. Staff recommended approval subject to the four conditions of approval listed in the supplemental memo. In response to COMMISSIONER PAINTER'S inquiry of Condition #4, should it be included since the State's extraction plan indicates an agreement is in place that less than 5,000 cubic yards will be extracted on an annual basis, Director Pederson said no, the direction of the commission was that the State said that in their application but we didn't want to limit them because the needs of the road project may change. In response to COMMISSIONER PAINTER'S inquiry of what steps are being taken for potential erosion in the extraction area in regards to the wind farm, Director Pederson said none that are established in the conditions of approval for this permit. COMMISSIONER ARNDT MOVED to grant a Conditional Use Permit for non-recreational mineral extraction activities (gravel extraction) on a Portion of Lot 2, U.S. Survey 1673, State Quarry Site (KIBC 17.200.010 and 17.50.040.F), subject to four (4) conditions of approval 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. 15-011. Close regular meeting & open public hearing: Rob Greene stated they usually deal with DNR and DNR is up to 5,000 yards per year. We thought this was a DNR site when we started and staff found that we own it. We asked that we're not limited on the amount of extraction. The department is looking at future projects and rock sources. We as a community need to look for projects where we can have a local rock resource. In response to COMMISSIONER RICHCREEK'S inquiry in concern for maintaining the geotechnical integrity of Pillar Mountain and the important infrastructure with the wind turbines above, can you speak to the grading plan and how that ensures geotechnical integrity for the mountain and infrastructure above, Rob Greene stated he can't speak specifically to that, the windmills are quite a ways away from this area. We would set it up and have the engineers lay it out once we do develop it and come forward with a benching plan. It's mostly site specific. Before anything can be done it has to be site specific to meet all the requirements. Marnie Leist stated this location is the face of our community. The past few months haven't been pleasant trying to drive on that road. She expressed concern about the gravel on the road, dust and dirt thrown up, and trucks speeding. There are limits pushed and boundaries crossed so she wants the language to be specific; for example re-vegetation and cleaning the road. She 1/21/2015 P&Z Minutes Page 4 of 12 wants it to balance out with those being a functional community on our main road that many people drive on every day. Close public hearing & open regular meeting: CONDITIONS OF APPROVAL 1. With the exception of the driveway section, a twenty-five (25) foot wide path of natural vegetation extending inward from the outer boundaries of the parcel shall be retained to provide for sufficient setbacks, buffers, and other safeguards between the extraction site and the surrounding area. 2. Once material from the extraction site has been exhausted, the area shall be re-vegetated to blend in with the surrounding area to the maximum extent possible. 3. Permanent signs shall be posted to warn drivers of the potential for trucks entering and exiting the roadway along the affected section of West Rezanof Drive. Such signs must be approved by the Alaska Department of Transportation and Public Facilities. 4. Material extraction from this site shall not be limited to any specific quantity per year. FINDINGS OF FACT 1. The conditions of approval should ensure the gravel extraction site operates with no negative impacts to the value, spirit, character, and integrity of the surrounding area or harm to the public health, safety, convenience, or comfort. 2. The conditional use satisfies all requirements of the C-Conservation zoning district. 3. The conditions of approval should provide for sufficient setbacks, buffers, and other safeguards between the extraction site and the surrounding area. 4. This conditional use permit is not for a public use or structure. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S15-011. Request preliminary approval of the subdivision of Tract 37, T27S, R20W, Seward Meridian creating Tracts A and C of Tract 37, T27S, R20W, Seward Meridian and the subdivision of Lot 43, U.S. Survey. The applicant is the State of Alaska Department of Natural Resources and the agent is Kodiak Electric Association. The location is NHN Pillar Mountain (KEA wind farm site) and the zoning is W-Watershed and C-Conservation. Maker stated this request is part of KEA's multi-year effort to establish the lease area for the Pillar Mountain Wind Project. The submitted plat has undergone four rounds of review and revision by the Alaska Department of Natural Resources Surrey Section. Those reviews resulted in the submission of a preliminary plat in Final Plat form. Staff reviewed the plat for conformity and revealed five minor technical issues that should be adequately addressed by the specific conditions of approval in the written staff report. This subdivision application also requests a waiver from the dedicated right-of-way frontage requirement of KIBC 16.40.050.6.8, the minimum right-of-way and traffic-way width requirements of KIBC 16.80.030, and the road construction requirements of KIBC 16.80.070. Due to the unusual development and conditions related to this site, the strict application of those requirements would result in practical difficulties for the applicant. Staff has determined that those waivers are warranted as indicated in written staff report and in the provided findings of fact. At last week's work session, the Commission requested that staff draft an additional finding of fact pertaining to a noted discrepancy in zoning that occurred during the permitting of the Kodiak Wind Project. That finding of fact is included in the supplemental memo in your case packet. Staff recommended approval subject to the five conditions of approval. In response to COMMISSIONER PAINTER'S inquiry regarding the public access easement within the proposed tract, Maker stated the existing roadway is a 60 ft. wide public access easement, the 50 ft. wide section line easements to each side of the property line that goes through Tract C and Tract A and B is also indicated although in the remainder tracts it's not 1/21/2015 P&Z Minutes Page 5 of 12 indicated. It's indicated within the plat area but the section line easements exist through that particular line. In response to COMMISSIONER PAINTER'S inquiry how can we resolve the problem of the wind turbines being on Watershed which is not an allowed use in that zoning district, and do we allow wind turbines in all Watershed Districts as a conditional use, Director Pederson stated the wind turbines were permitted with a conditional use permit and he doesn't know how the zoning map was misread at that time, in hindsight would have been to do a similar use determination. We believe estoppel applies at this point in time and that's why a finding has been added. No, it doesn't mean other wind turbines would be allowed in Watershed, we would need to do a similar use determination to do that. In response to COMMISSIONER PAINTER'S inquiry of in the findings of fact it says the approval waives the dedication of right-of-way frontage, can you expand on that as far as what the public will lose if it's approved, Director Pederson said we don't believe the public will lose anything because their public access to the tract is provided by the section line easement, he believes it's Revised Statute RS2477 where there were section line easements established throughout the state. COMMISSIONER RICHCREEK requested a determination if there is a perceived conflict of interest because she's employed by KEA and has been involved with the land lease agreement with DNR and she's been involved with this survey case. She will not be paid extra for the outcome of this case. The commission determined there is not a conflict of interest. In response to COMMISSIONER ARNDT'S stated when we find mistakes that were made in the past, when we find out about things we need to address them so that 20 years from now someone isn't trying to look through and see why wasn't this brought up. Mr. Pederson mentioned there was a mistake made but staff is making a determination of similar use and it stated in here that #5 was added under the findings of fact. He appreciates clarifying things for the future. COMMISSIONER ARNDT MOVED to grant preliminary approval of the subdivision of Tract 37, T.27S, R.20W, Seward Meridian creating Tracts A and C of Tract 37, T.27S, R.20W, Seward Meridian and the subdivision of Lot 43, U.S. Survey 2539 creating Tract B of Lot 43, U.S. Survey 2539 (KIBC 16.40 and 16.110), subject to five (5) 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 S15-011. Close regular meeting & open public hearing: There was no public testimony. Close public hearing & open regular meeting: Brief discussion CONDITIONS OF APPROVAL 1. Plat note No. 2 (subject to all copy right laws) shall be removed from the Final Plat. 2. "Register" shall be revised to"registered" on Final Plat surveyor's certificate. 3. "As-built" shall be revised to"plat" on Final Plat surveyor's certificate. 4. Second legend reference to "GLO/BLM monument recovered" shall be revised to "GLO/BLM monument not recovered" on Final Plat. 5. Legend reference to " #1 - #10 points with coordinates found in point table on sheet 2" shall be revised to "#1 -#9 points with coordinates found in point table on sheet 2 on Final Plat. 1/21/2015 P&Z Minutes Page 6 of 12 FINDINGS OF FACT 1 This approval waives the dedicated right-of-way frontage requirement of KIIBC 16.40.050.B.8, the minimum right-of-way and trafficway width requirements of KIBC 16.80.030, and the road construction requirements of KIBC 16.810.070. Waiver of these requirements should not negatively impact the public welfare or the interests of the Borough and surrounding areas. City of Kodiak Ordinance No. 1237 authorizes access to this site from the historic Pillar Mountain access road. From that point, access to the new parcels is provided by a 60 foot wide improved public access easement and 100 foot wide unimproved section line easements. The construction and width of the existing roadway within the public access easement provides adequate vehicular access for the current development. That roadway, combined with the potential to construct new roadways within the section line easements, should provide adequate vehicular access for any future development. 2. The adopted conditions of approval should ensure this plat meets all other standards of Chapter 16.401 (Preliminary Plat) of the Borough Code. 3. This plat meets,all the requirements of Title 17 of the Borough Code. 4. This plat provides a subdivision of lands that is consistent with the adopted Borough plans and development trends for this area. 5. The Kodiak Wind Project was permitted as a conditional use (utility station) in C- Conservation zoning, The facility has since been found to have been constructed in W- Watershed zoning. A similar use determination finding that the wind project is similar in nature to electric distribution lines and substations (a listed permitted use for W zoning) would have been the more appropriate process to approve this facility. The Conditional Use Permit and similar use determination processes both require a public hearing and decision by the Commission. Nevertheless, the process that resulted in Commission approval of the facility followed the same requirements as a similar use determination; therefore, that approval satisfies the permitting requirements for W-Watershed zoning. No further action is necessary. ROLL CALL VOTE ON MOT70N CARRIED UNANIMOUSLY C) Case S15-0112. Request Prellimiinary approval of the subdivilsilon, of a portion of Tract R-2, Killarney Hills Subdivision and the vacation of Lots 11-14, Block 4, Killarney Hills Subdivision and corresponding utility easements, to create new lots 11A-19A, Block 4, Killarney Hills Subdivision and Tract R-2A, Killarney Hills Subdivision (KIBC 16.40). If approved, this action will create nine new lots, with all lots fronting on Woody Way Loop or East Rezanof Drive. The applicant is the Kodiak Island Borough. The location Is NHN Woody Way Loop (near KANA Field) and the zoning is R2-Two-family Residential. Maker stated this subdivision request was initiated by the Kodiak Island Borough, following recent Borough Assembly action on a land disposal. The area subject to this request was approved for disposal by KIB Resolution No. 2015-09. The intent of that disposal was to create nine lots to be offered for sale to the public at a future land sale. This preliminary plat will create those nine lots. All lots meet minimum lot area and width requirements for R-2 zoning. Lot configuration is also consistent with the conceptual design that was identified during the land disposal case. This design received favorable reviews from the Borough and City Parks and Recreation Committees., Staff review showed that City water andl sewer service is not currently provided to all lots and that the driveway access to lot 19A should be restricted to Woody Way Loop. Three technical issues were also identified. In addition, KEA has requested additional utility easements. These issues should be adequately addressed by the conditions of approval listed In the written staff report. Staff recommended approval subject to the seven conditions of approval. In response to COMMISSIONER SCHMITT'S inquiry of the idea of proceeding with some type of sub-area plan regarding the remainder tract, would staff address how that may be 1/21/2015 P&Z Minutes Page 7 of 12 accomplished, Pederson said under your code an effort such as that can be initiated by a motion and can also be done by the assembly. COMMISSIONER BALDWIN MOVED to grant preliminary approval of the subdivision of a portion of Tract R-2, Killarney Hills Subdivision and the replat of Lots 11-14, Block 4, Killarney Hills Subdivision and corresponding utility easements, to create new Lots 11A-19A, Block 4, Killarney Hills Subdivision and Tract R-2A, Killarney Hills Subdivision (KIBC16.40), subject to seven (7) 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 S15-012. Close regular meeting &open public hearing: Bud Cassidy, Borough Manager and applicant, thanked the commission for all their work. He urged the commission to approve this subdivision. The disposal was approved by the assembly by Resolution 2015-09. There really is a demand for land close to town. You have a suggestion by the Parks and Recreation Committee to formalize the park that's inside that area. We also heard at our Strategic Planning session this weekend that there's a need for affordable housing in Kodiak. Apartments have closed downtown and Jackson's Trailer Park is for sale. We may be seeing a real demand for land. In response to COMMISSIONER RICHCREEK'S inquiry if there was an economic analysis that looked at the 6 versus 9 lots and the benefit of effort to return for the borough and the community of that of doing a smaller 6 lot subdivision and avoiding the Rezanof area, those 3 lots versus doing it all at once, Cassidy stated Bob Scholze did an economic analysis but he just retired. There was one for the entire subdivision but he doesn't know of one for just the 6 lots. In response to COMMISSIONER RICHCREEK'S request to speak to the pros and cons of going for all 9 lots versus reducing to all 6 is there something that would be lost in terms of value or hardship if it was taken from 9 to 6 lots, Manager Cassidy stated there's the cost of installing all the utilities that goes into it as well as the platting and staff time. You take that into effect and obviously the more lots split by whatever the cost to develop the property just means there's more of a margin than if you just had 6 lots. It's much bigger at 9 than at 6. Not all intersection lots need to be zoned Business. We have a fair amount of Business land that's either not developed or under developed and he thinks the time will come as the community matures that it will make sense for intersections to be zoned Business. We are on a slow growth process right now. Mark Kozak, Public Works Director, stated he's here to answer any questions regarding water and sewer. When Woody Way was developed the water comes all the way down the street to the intersection of Rezanof Drive and then goes north to Mill Bay Road. The sewer actually goes 2 directions; at the upper end of the subdivision where the last 2 existing homes are the sewer flows to the south down Woody Way, the other aspect of the sewer where the concept that he discussed with borough staff is it's at the intersection of Woody Way and Rezanof Drive so the development process can develop gravity sewer from the Woody Way/Rezanof Drive intersection up along the property side in order to serve the lots with residential sewer. The water main exists but service lines would need to be installed which would include going into the street. The water favors the property side of the road that you want to develop so it's not a full crossing but would include that. Both utilities in the development process where your proposed right-of-way into the park is, you can by whatever choice you choose you could put in utilities into the large parcel or at least at a minimum you can make them readily available for future expansion. The sewer line on Rezanof Drive is available for gravity, the KANA facility is on a gravity system that flows to the north and then crosses into the Puffin Drive area and so as you develop up Woody Way Drive it can come in there and provide a gravity system. Until a survey is done and you know the actual elevation of lots it's possible some of these lots may not be able to be served by gravity. All of that will come out in your engineering and design. 1/21/2015 P&Z Minutes Page 8 of 12 In response to COMMISSIONER RICHCREEK'S inquiry of if it comes out that some of the lots are not able to be served with the gravity system, it seems the one in question is Lot 19A, what does that mean in terms of development opportunity, is it still an opportunity to be done or is it left vacant, how does it affect the development status, Mark Kozak stated it can be readily done, we have many situations where utilities within the road or above the downslope side of a street, there are many homes on the downhill side of Larch Street that actually have residential lift stations so the homeowner has a lift station that brings the waste up to the system and all those on the uphill side have the advantage of gravity. When you develop the design some times because of rock or circumstances the cost of going deep enough to serve that 1 lot may be prohibitive so you choose the 1 lot be served by an individual home gravity pump system. In response to COMMISSIONER BALDWIN'S inquiry of is the cost absorbed by the rest of the lots or is it just individual, Kozak stated those people that have pump systems, it's a homeowner pump system so you, as the homeowner, will have your pump system that you are responsible for the maintenance and everything. Director Pederson stated that the utility lines and such have to be installed and be ready to build prior to final plat approval. Mike Marion stated he has a lot of Parks and Rec insight due to being Chair when this came to the assembly and was decided not to go out for the land sale at that time because of a variety of reasons. The Parks and Rec Committee had the opportunity to review this and look at potential opportunities for a recreation area. The committee came up with a comprehensive plan that's in the minutes and staff has access to it including a drawing that we spent a fair amount of time designating some areas for different age groups for use in that R2-A area and also at the end of Murphy Way there's lot 4 that would require that whole area to create a parking area at the end of Murphy Way, and then have a younger area for recreation closer to the parking area, and then as you transition farther north you have the football field that's in need of parking areas on either side for soccer and other things, and try to install a restroom for both men and women. Before Mr. Scholze retired he was looking at that along with water and sewer. It would require the R2-A area to be rezoned as public lands. At a minimum we'd like to see it considered if you decide to make this subdivision area move forward and not delay much including that public land and lot 4 because this is an area of great population that doesn't have a recreational area close by. The borough also needs to talk with the city because they have a much better opportunity to build and maintain this area for the future. It will leave a lot of partnering, and is a great chance to make an impact for the community. In response to COMMISSIONER RICHCREEK'S inquiry do you see the subdivision of land with the housing development precluding the development of a public use park in the remaining portion, Marion stated it won't preclude it, the ball field at the northern end is pretty close to the subdivision area and we were concerned about that and also about the loss of the dual access off of Woody Way. The plan you have before you has a single access and Parks and Rec felt that was adequate as long as it was 80 feet wide. The other area to access off Rezanof Drive would require a fair amount of discussion with DOT because it needs to be formalized. We didn't think it needed to be 80 feet wide, we thought 40 or 60 feet wide would be adequate to have 2 way access off Rezanof and as long as that happened off Rezanof then the Woody Way access could be singled down to one. VICE CHAIR SCHMITT disclosed that he lives in the neighborhood on Woody Way Loop and he has no financial interest if the subdivision goes through. Close public hearing and open regular meeting: Discussion of the concerns of not having a plan in place for the area, the community wants the remainder of the tract designated Public Use, restrooms, the need for housing, concerns about Lots 17A through 19A, and what's best for the community. 1/21/2015 P&Z Minutes Page 9 of 12 Director Pederson stated the Comp Plan designates the entire Tract as Urban Residential so before you go into a step of potential rezone to Public Land you would need to do a planning process and look at the Comp Plan whether if it's not going to be Urban Residential all or part of it what would be the appropriate designation such as Open Space, Recreation, or Public Facilities and Ownership. Clearly the Comp Plan does support the action applied for. COMMISSIONER ARNDT MOVED TO AMEND the motion to strike where it says Lots 11A through 19A and insert Lots 11 A through 16A deleting Conditions of Approval #2, 3, 5, and 7, and striking from Condition #5 after abuts Lots 18A and 19A and inserting Tract R2-A in its place. Discussion CONDITIONS OF APPROVAL 1. Prior to Final Plat approval, City sewer mains shall be extended with stubouts provided for each new lot (KIBC 16.40.050.0 and 16.70.020.A.2). 2. "Tract R-2 vacated this plat" shall be depicted on the Final Plat. 3. The Final Plat shall depict the East Rezanof Drive centerline and the distance from that centerline to the edge of the right-of-way that abuts Tract R-2A (KIBC 16.40.040.F.4). 4. The Final Plat shall depict the following legal description revisions: a. "Vacation"shall be revised to"replat"; b. Reference to 5" utility easements shall be revised to 5' utility easements; c. "Remainder" shall be removed from reference to Tract R-2A; and d. Killarney Hills Subdivision shall be added after reference to Tract R-2A FINDINGS OF FACT 1. The adopted conditions of approval should ensure this plat meets all standards of Chapter 16.40 (Preliminary Plat) of the Borough Code. 2. The adopted conditions of approval should ensure that all review agency requests are satisfied. 3. This plat meets all the requirements of Title 17 of the Borough Code. 4. 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 TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY VICE CHAIR SCHMITT called a 5 minutes recess at 8:20 p.m. VICE CHAIR SCHMITT reconvened the meeting at 8:27 p.m. COMMISSIONER PAINTER MOVED to initiate a Comp Plan Amendment for Tract R-2A and all adjoining KIB owned property Tract C1 and CF to determine if the property should be designated for Public Use. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS A) Elections—Chair and Vice Chair VICE CHAIR SCHMITT opened nominations for Chair. COMMISSIONER PAINTER nominated Scott Arndt for Chair There were no more nominations. 1/21/2015 P&Z Minutes Page 10 of 12 COMMISSIONER BALDWIN MOVED to close nominations. ROLL CALL VOTE FOR SCOTT ARNDT AS CHAIR CARRIED UNANIMOUSLY CHAIR ARNDT opened nominations for Vice Chair COMMISSIONER PAINTER nominated Jay Baldwin for Vice Chair There were no more nominations. COMMISSIONER PAINTER Moved to close nominations ROLL CALL VOTE FOR JAY BALDWIN AS VICE CHAIR CARRIED UNANIMOUSLY Director Pederson stated there's a need for an alternate on Parks and Rec should they have a quorum and have meetings again. COMMUNICATIONS A) December Planning and Zoning Case Results Letters B) Island Trails Network Award Notification Letter dated 6/23/14 C) Letter to the Parks and Recreation Committee dated 12/8/14 COMMISSIONER RICHCREEK MOVED to acknowledge receipt of communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • February 4, 2015 Code Update special meeting-6:30 p.m.-Gerald C. Wilson Auditorium • February 11, 2015 work session-6:30pm-KIB Conference Room • February 18, 2015 regular meeting-6:30pm-Assembly Chambers B) Abbreviated & Final Approvals- Subdivisions C) Minutes of Other Meetings • November 25, 2014 Parks and Recreation Committee • October 28, 2014 Parks and Recreation Committee STAFF REPORT COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Kyle Crow thanked the commission for the hard work they do. It's an education for him to observe and participate. Once again he urged the commission to get the word out someway rather than block ads in the paper, maybe a narrative on the radio, a small narrative, more of an explanation in the paper so people understand what is happening. Mike Marion thanked the commission stating they've put a lot of work into this and he appreciates the recognition that that flat piece of land, Tract R-2A, in a central location in town is going to have a very monumental impact on youth and parents for years and years to come if you are able to get that rezoned. If you will help the borough populate the Parks and Rec Committee again, they can't even meet a quorum now because they are short 4 members. They need help getting the word out that it's an opportunity to make an impact. It was rewarding to Marion. STAFF COMMENTS 1/21/20151 P&Z Minutes Page 11 of 12 None COMMISSIONER COMMENTS Jennifer Richcreek stated she appreciated all the public engagement and as the hearings will resume on February 4'h in a large venue to accommodate as much public participation as possible. It would be helpful to get guidance of where to go next. The message loud and clear; current pathway unacceptable, that message was received. Now what? As the commission and borough as a whole has mixed messages of which direction to go. The Comp Plan had a specific goal to improve the regulation and management of land uses to balance the rights of private property owners with community values and objectives and the specific implementation action chosen for that was to; update the borough zoning code to allow for more flexible sets of uses in the smaller communities while continuing to minimize conflicts among adjacent potentially incompatible uses, the use size limitations restrictions on noise and odor, buffering and other means to minimize conflicts. That's what's been driving this process, the path we've been on is clearly unacceptable to the community. We still have this direction to improve the land use, improve the regulations, allow accessory dwelling units, allow certain things that we want to have allowed. What would be most helpful on February 0 is offering ideas on what you see as an effective pathway moving forward to achieve both goals. Richcreek thanked the public for the ideas already given tonight. Thinking through the experience we've gained and being able to stand on those shoulders to continue improving the path ahead would be very helpful to hear on the 4 1h Maria Painter thanked everyone for coming. Just pass the word to your neighbors, friends, and family to participate in the meeting on February 41"' to comment on the Code Update. Scott Arndt thanked the commission for their support as chair, and he didn't put Dennis Symmons up to it. We've come a long ways and we have a long ways to go. He appreciates what Richcreek said. One thing he would propose after the February meeting is that we then have a discussion at the work session in March about the Code Update going forward. It's his understanding that the assembly is trying to schedule a joint work session with us. One thing he's thought about as a starting point is he'd like to see a list of what the problems are with the existing code and then we could lay out where we might go from there. Basically, he's looking at after February 4th and then we can go from there and come up with a plan. If anyone has questions that need clarification he is all for getting as much information to the commission before making the decision. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR adjourned the meeting at 8:42 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Scott Arndt, Chair ATTEST By C1 X Sheila Smith, Sec�etaryv Community Development Department APPROVED: February 18, 2015 1/21/2015 P&Z Minutes Page 12 of 12