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2016-08-17 Regular MeetingKodiak Island Borough OCT 6 2016 Planning and Zoning Commission Regular Meeting___ Minutes i<oc�ak,Ai:,s�n August 17, 2016 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the August 17, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Alan Schmitt and Maria Painter due to being out of town. Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, and Greg Spalinger. Excused were Alan Schmitt and Maria Painter. A quorum was established. COMMISSIONER SPALINGER MOVED to excuse Alan Schmitt and Maria Painter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Sara Mason, Jack Maker, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the July 13, 2016 regular meeting minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A. CASE 16-038. Request a Rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential District to B -Business District (Chapter 17.205 KIBC). The applicant is Allen Walburn and the agent is Steven Gray. The location is NHN First Street, Larsen Bay and the zoning is R1 -Single-family Residential. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 - Single -family Residential District to B -Business District (Chapter 17.205 KIBC) 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. 16-038. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 1 Jack Maker reported the Mayor of Larsen Bay filed a complaint alleging several lodges are operating in R1 -Single-family Residential that is a prohibited land use in that zoning district. Staff has confirmed the allegations and is currently working with the property owner's in an effort to bring them all into compliance. This rezone request is an effort by one of those property owner's to bring their property into compliance. The applicant has operated a lodge on the lot since 2005, and has established a lodge without consulting Community Development Department. As a result, no zoning compliance has been issued for any of the lodge buildings and a prohibited use has been established. Had the department been consulted, the applicant would have been advised of the procedures required to allow establishment of the lodge on the lot. Lodges have been determined to be similar in characteristics to a hotel or motel that supports recreational activities, all are permitted use in Business zoning. A rezone to Business is requested. This lodge is in a mixed Business/ Residential use area and is adjacent to the boat harbor, which makes it compatible with the surrounding land uses. Staff recommends approval of this request. CHAIR ARNDT expressed concern regarding the map did not show the adjacent lot is already zoned Business and the lot numbers are incorrect, and it did not show the Camp Plan that calls for the question to the future zoning of Business. Open public hearing: Steve Gray, applicant attorney, stated he agrees with the staff recommendation. Close public hearing: In response to COMMISSIONER BALDWIN'S inquiry of how many lodges are out of compliance in the village, Maker stated the complaint the mayor filed is on page 45 of 394, and there are six lodges. FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated without zoning compliance on this R1 -Single-family Residential zoned lot since 2005. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, a rezone to B -Business is needed to obtain the required zoning compliance that will allow the lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single-family Residential, B - Business, and C -Conservation zoning. 3. The lot is adjacent to a B -Business zoned parcel that is developed with a commercial lodge. 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to this lot. The rezone is also consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 16-039. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter 17.205 KIBC). The applicant is the City of Port Lions. The location is 304 Hillside Drive, Port Lions, and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 2 17.205 KIBC) 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. 16-039. Maker reported this request is a precursor to rezoning the parcel from Public Use Lands to R2. This staff report applies also to the rezone request. The city is requesting the Comp Plan Amendment and Rezone so it will be consistent with private ownership and it can be used as a single-family residence. Staff recommends approval of this request. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the Future Land Use Designation and zoning must be changed to a designation and district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties with a Future Land Use Designation of Residential. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Changing the Future Land Use Designation of the lot to Residential to accommodate a rezone to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to R2 -Two-family Residential. 5. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 16-040. Request a Rezone of Lot 4, Block 3, Port Lions Subdivision from PL - Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.206 KIBC). The applicant is the City of Port Lions. The location is 304 Hillside Drive, Port Lions, and the zoning is PL -Public Use Lands COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two -Family Residential District (KIBC 17.205) 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. 16-040. Maker reported this is the rezone for the parcel from the previous case. Staff recommends approval of this request. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the zoning must be changed to a district that permits residential use. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 3 2. The lot is adjacent to 132 -Two-family Residential zoned properties. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Rezoning the lot to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The rezone is consistent with the Comprehensive Plan Residential Future Land Use Designation per Case No. 16-039. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D. CASE 16-041. Request a Conditional Use Permit to expand an existing petroleum storage facility by constructing an additional 12,000 bbls diesel storage tank on portions of Lot 1, Block 20, Kodiak Townsite, U.S. Survey 2537B and U.S. Survey 1086 (KIBC 17.105.020.F and Chapter 17.200 KIBC). The applicant is Petro Star Inc. dba North Pacific Fuel Kodiak and the agent is Lisa Lewis. The location is 715 Shelikof Street, and the zoning is I -Industrial. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit for a petroleum storage facility on portions of Lot 1, Block 20, Kodiak Townsite, U.S. Survey 2537B and U.S. Survey 1086 (KIBC 17.200.010 and 17.105.020.F), subject to one (1) condition 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. 16-041. Sara Mason reported this request is to expand an existing facility on Shelikof Street with the addition of a 500,000 gallon tank. The site has been used for fuel storage for decades. Staff believes the applicant has worked to safeguard against things like spills and other unforeseen events through design and planning efforts. The applicant has fulfilled the requirements for both the conditional use permits and the Industrial zoning district. Staff recommends approval. Open public hearing: Terry Davis, North Pacific Fuel, stated the first stage is the 12,000 gallon tank is an addition that will be on the lower tank farm this year. Next spring/summer they will pull down a tank from the upper tank farm. Due to its age, it has some sediment issues so we are pulling the tank out of service, demo the tank, and then install another tank in its place. Close public hearing: CONDITION OF APPROVAL 1. Final plat approval must be obtained before zoning compliance for storage tank construction will be issued. FINDINGS OF FACT 1. This use has existed on the site for several decades without negatively impacting the value, spirit, character, and integrity of the surrounding area, which is predominately waterfront industry. 2. The conditional use satisfies all requirements of the I -Industrial zoning district (KIBC 17.105) and Conditional Use Permit requirements (KIBC 17.200). 3. Through planning and design, the applicant has worked to preserve public health, safety, convenience, and comfort as they pertain to this facility. 4. Safeguards are provided through the use of security fencing and topographical features. 5. This conditional use permit is not for a public use or structure and will not be accessed by the public. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 4 E. CASE 16-042. Request a Conditional Use Permit to construct a microwave communication repeater tower and related facilities on a portion of Section 24, T.27S, R.27W, Seward Meridian (KIBC 17.200 and 17.50.040.1-1). This tower is part of a system that will provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. The applicant is the U.S. Fish and Wildlife Service, and the agent is Carl Gatter, Kodiak Microwave Systems, LLC. The location is approximately 24 miles northeast of the City of Larsen Bay, and the zoning is C - Conservation. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit, per KIBC 17.200 and 17.50.040.H, to construct a communication repeater tower and related facilities on a permitted site approximately twenty-four (24) miles northeast of the City of Larsen Bay within Section 24, T27S, R27W, Seward Meridian, subject to four 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. 16-042. Maker stated we are back re -visiting the series of six towers that will transmit a signal from Pillar Mountain to the communities of Larsen Bay and Karluk to provide broadband and other telecommunications services to those facilities. The proposed location for the second tower in the series was within Kodiak Wildlife Refuge land. The U.S. Fish and Wildlife Service failed to approve the Right -Of -Way permit for that site so a new location to put the tower has been selected. The new site is zoned Conservation and it's situated approximately twenty-four miles northeast of the city of Larsen Bay and thirteen miles north of the initial proposed site. The tower is fifty foot tall, which exceeds the building height limit for the Conservation zone by fifteen feet. This is to establish the use on the property. The Variance case follows this. The tower will be powered and it will have ancillary support facilities and support structure, and five 500 gallon propane tanks. The new site is also inside the Kodiak Wildlife Refuge land and the Fish and Wildlife Service is performing an environmental assessment for the site and they will use that assessment to base their decision on. The applicant expects Fish and Wildlife to approve it this time. Maker said he added a fifth condition of approval but did not change it in the motion. Staff recommends approval of this request subject to five conditions of approval. COMMISSIONER BALDWIN MOVED to amend the motion to read five conditions of approval Open public hearing: None Close public hearing: CONDITIONS OF APPROVAL 1. A copy of the required US Fish & Wildlife Service Right -of -Way Permit shall be provided to the Community Development Department prior to issuance of zoning compliance for this facility. 2. The color of structures and equipment shall be subdued to blend in with the surrounding natural environment to the maximum extent allowed by applicable federal, state, and local requirements. 3. Natural vegetation immediately surrounding the facility will be preserved to the maximum extent possible. 4. 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. 5. 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 should ensure that the value, spirit, character, and integrity of the surrounding area are maintained. 2. The conditional use will fulfill all the requirements of the C -Conservation zoning district. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 5 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 selected site fulfills all engineering requirements and provides for sufficient setbacks, buffers, and other safeguards. 5. This facility is specifically located to provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY F. CASE 16-043. Request a Variance to construct a 50' tall microwave communication repeater tower that exceeds the C -Conservation zoning district 35' building height limit on a portion of Section 24, T.27S, R.27W, Seward Meridian (KIBC 17.195 and 17.50.070). This tower is part of a system that will provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. The applicant is the U.S. Fish and Wildlife Service, and the agent is Carl Gatter, Kodiak Microwave Systems, LLC. The location is approximately 24 miles northeast of the City of Larsen Bay, and the zoning is C -Conservation. COMMISSIONER BALDWIN MOVED to to grant a variance, per KIBC 17.195 and 17.50.070, to construct a fifty (50) foot tall microwave communication repeater tower that exceeds the C - Conservation zoning district thirty-five (35) foot building height limit by fifteen (15) feet on a permitted site approximately 24 miles northeast of the City of Larsen Bay within Section 24, T.27S, R.27W, Seward Meridian, 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. 16-043. Maker reported this is the variance request that follows the CUP that was just approved for a tower on this site. The tower is fifty feet tall, which exceeds the thirty-five foot building height limit by fifteen feet. This is an issue of line of sight and in this area. In order to provide these services to Karluk and Larsen Bay, a fifty -foot tower is required to transmit that signal from one tower to the other. Staff recommends approval of this request. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The geographical locations of the communities of Larsen Bay and Karluk require a highly elevated site and the use of a communications tower that exceeds the tower height required to provide similar broadband internet and telecommunications services to other communities. 2. The strict application of the Conservation zoning 35 foot building height limit would deny the communities of Larsen Bay and Karluk services that are currently enjoyed by other communities within the Borough. 3. The site is more than adequately isolated from developed areas and provides for sufficient setbacks, buffers, and other safeguards. 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. The recommended conditions of approval for the Conditional Use Permit for this tower (Case No. 16-042) should further ensure that this variance does not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. 4. This variance is consistent with various Comprehensive Plan land use, education, and economic goals. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 6 5. The special conditions from which relief is being sought are caused by the geographical location of the communities the tower will serve, not the applicant. The construction of a tower that exceeds the building height limit is required to overcome those special conditions. 6. A communications facility is a conditional use for Conservation Zoning. The applicant has applied for the required Conditional Use Permit (Case No. 16-042). Should that Conditional Use Permit and this variance be granted, zoning compliance may be issued for construction of this facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY G. CASE 16-044. Request a Conditional Use Permit to construct a microwave communication repeater tower and related facilities on a portion of Section 26, T.28S, R.28W, Seward Meridian (KIBC 17.200 and 17.60.040.1-1). This tower is part of a system that will provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. The applicant is the U.S. Fish and Wildlife Service, and the agent is Carl Gaffer, Kodiak Microwave Systems, LLC. The location is approximately 14 miles northeast of the City of Larsen Bay, and the zoning is C - Conservation. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit, per KIBC 17.200 and 17.50.040.1-1, to construct a communication repeater tower and related facilities on a permitted site approximately fourteen (14) miles northeast of the City of Larsen Bay within Section 26, T.28S, R.28W, Seward Meridian, 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. 16-044. Maker reported this is a repeat of the CUP that you just approved for that tower. This is the third tower in the series. Fish and Wildlife did not approve the permit for that location and Kodiak Microwave Systems have worked with them to find a new location that is about fourteen miles northeast of Larsen Bay and eight miles north of the initial proposed tower. This CUP request is for a microwave repeater tower on that site. The tower is fifty foot tall with a ten by ten foot base. It does exceed the building height limit for Conservation zoning and the Variance request will follow this CUP. The support facilities will include a support structure and five 500 gallon propane tanks. This site is on National Wildlife Refuge land and the review process is complete with the exception of signatures. Staff recommends approval of this request. In response to CHAIR ARNDT'S inquiry of what was the reason for Fish and Wildlife Service, Maker stated that Carl Gatter said there were plans for the original locations were going to interfere with refuge activities. Open public hearing: None Close public hearing: Commission discussion CONDITIONS OF APPROVAL 1. A copy of the required US Fish & Wildlife Service Right -of -Way Permit shall be provided to the Community Development Department prior to issuance of zoning compliance for this facility. 2. Natural vegetation immediately surrounding the facility will be preserved to the maximum extent possible. 3. 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. 4. Any modification that would substantially alter the visual impact or permitted purpose of the facility will require a new Conditional Use Permit. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 7 FINDINGS OF FACT 1. The Conditions of Approval for this conditional use should ensure that the value, spirit, character, and integrity of the surrounding area are maintained. 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 selected site fulfills all engineering requirements and provides for sufficient setbacks, buffers, and other safeguards. 5. This facility is specifically located to provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY H. CASE 16-045. Request a Variance to construct a 50' tall microwave communication repeater tower that exceeds the C -Conservation zoning district 35' building height limit on a portion of Section 26, T.28S, R.28W, Seward Meridian (KIBC 17.195 and 17.50.070). This tower is part of a system that will provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. The applicant is the U.S. Fish and Wildlife Service, and the agent is Carl Gaffer, Kodiak Microwave Systems, LLC. The location is approximately 14 miles northeast of the City of Larsen Bay, and the zoning is C -Conservation. COMMISSIONER BALDWIN MOVED to grant a variance, per KIBC 17.195 and 17.50.070, to construct a fifty (50) foot tall microwave communication repeater tower that exceeds the C - Conservation zoning district thirty-five (35) foot building height limit by fifteen (15) feet on a permitted site approximately 14 miles northeast of the City of Larsen Bay within Section 26, T.28S, R.28W, Seward Meridian, 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. 16-045. Maker reported this is the same case as the previous variance that you approved for the other tower. The tower is fifty foot tall. The building height limit is thirty-five feet and the tower exceeds that fifteen feet. A fifty foot tower is required in this area also in order to provide a line of sight that will transmit the signal from the previously approved tower to the next tower in the series. Staff recommends approval of this request. Open public hearing: None Close public hearing FINDINGS OF FACT 1. The geographical locations of the communities of Larsen Bay and Karluk require a highly elevated site and the use of a communications tower that exceeds the tower height required to provide similar broadband internet and telecommunications services to other communities. 2. The strict application of the Conservation zoning 35 foot building height limit would deny the communities of Larsen Bay and Karluk services that are currently enjoyed by other communities within the Borough. 3. The site is more than adequately isolated from developed areas and provides for sufficient setbacks, buffers, and other safeguards. 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. The recommended conditions of approval for the Conditional Use Permit for this tower (Case No. 16-044) should further ensure that this variance does not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 8 4. This variance is consistent with various Comprehensive Plan land use, education, and economic goals. 5. The special conditions from which relief is being sought are caused by the geographical location of the communities the tower will serve, not the applicant. The construction of a tower that exceeds the building height limit is required to overcome those special conditions. 6. A communications facility is a conditional use for Conservation Zoning. The applicant has applied for the required Conditional Use Permit (Case No. 16-044). Should that Conditional Use Permit and this variance be granted, zoning compliance may be issued for construction of this facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY I. CASE 17-002. Request a Conditional Use Permit for non -recreational mineral extraction activities (gravel extraction) on a portion of Lot 4, U.S. Survey 4657, Akhiok Bay (KIBC 17.200 and 17.50.040.F). The applicant is the City of Akhiok, and the agent is B&R Fish By Products Inc. The location is NHN Akhiok, and the zoning is C - Conservation. COMMISSIONER SPALINGER MOVED to grant a Conditional Use Permit for non -recreational mineral extraction on Lot 4, U.S. Survey 4657 (KIBC 17.200.010 and 17.50.040.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. 17-002. Mason reported this CUP request is for gravel extraction on a Conservation zoned lot that is north/northwest of the center of Akhiok. The proposed extraction site is owned by the City of Akhiok and will be excavated by B&R Fish By Products and used in support of the Army Corp of Engineer's Akhiok B Street Extension Project. The borrow site will be one -hundred feet by two - hundred feet and approximately twenty feet deep with a maximum extraction of fifteen -thousand cubic yards of material, and it will only be used for this project for a maximum of ninety days. The site is located on a three -hundred -sixty-five acre municipally owned parcel and it is almost one-half mile from the nearest residential use. There are no Industrial zoned lots in Akhiok. Given the other zoning districts present in the area and the existing development, Conservation zoned land is the only land available for this kind of activity. Staff recommends approval of this request. In response to CHAIR ARNDT'S inquiry of what the depth is, Mason stated approximately twenty feet, maybe closer to thirty feet, and they will not go sixty feet deep. It is a standard schematic for what they are planning on assuming that they find what they are expecting to find. CHAIR ARNDT said typically, it is two to one if this is gravel instead of one to two. You are going to have a hard time assuming this is gravel and not solid rock and it will not hold at that. The gravel plan is inaccurate to reflect it. In response to CHAIR ARNDT'S inquiry of where is the overburden going to be placed and is this going to be below the water table, in other words is this going to be a pond when they get done or will it drain, Mason said she's not sure but whatever they have decided their storm water pollution plan and their reclamation plan have been approved by DEC so whatever it's going to end up being the appropriate state agencies have deemed that it is appropriate. Open public hearing: None Close public hearing: Commission discussion -Amendments may be offered at this time. FINDINGS OF FACT 1. Land surrounding this use will be preserved in its current state and will maintain its value, spirit, character, and integrity. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 9 2. The conditional use satisfies all requirements of the I -Industrial zoning district (KIBC 17.50) and Conditional Use Permit requirements (KIBC 17.200). 3. Through planning and permitting, the applicant has worked to preserve public health, safety, convenience, and comfort as they pertain to this extraction site. 4. Adequate buffers exist between the extraction site and potentially conflicting land uses. 5. This conditional use permit is not for a public use or structure and will not be accessed by the public. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY J. CASE 17-003 (Two cases that follow apply to the same parcel). Request a Title 18 Land Disposal review to consider disposal of Tract A-1, Block 4, Kadiak Alaska Subdivision, list Addition (Chapter 18.20 KIBC). The intent of this request is to make the parcel available for residential development. The applicant is the Kodiak Island Borough, and the agent is the KIB Resource Management Officer. The location is 3034 Sharatin Road, and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-06, recommending disposal of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition 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. 17-003. Mason reported this parcel has been identified by the Lands Committee that is potentially surplus to the public's need. In addition, the Lands Committee has also recommended the initiation of a Comp Plan Amendment and a rezone, which will follow this case. Tract Al was previously approved for disposal by the borough per Resolution 2001-02 however, public question about the parcel's future intended use as a park warranted research by staff. Staff could find no record of such plans but the lot was not sold. This parcel has access and utility limitations that would limit public interest, most likely from a small group of developers. Tract Al is identified as public facilities and ownership in the 2008 Comp Plan however, it has not been developed for any purpose and has served for many years only as open space but there are no plans to develop the site for any public or recreation facilities or uses. This will require a Comp Plan Amendment and a Rezone should you forward to the assembly. Open public hearing: Les James stated he lives on Spruce Cape Road. James wanted to know why they canceled the work session because three minutes does not allow enough time to ask questions and have an interaction with people who do not even know where the parcel is. You are going to sit here to vote on it and you do not even know where it is. He disagrees with whoever wrote there would not be any traffic impact. Come walk the neighborhood with him, he will show you the kids on tricycles, bicycles on Perez who never had sidewalks put in when the area was developed. No traffic impacts? It really bothers him that the work session is closed, cannot discuss in three minutes that is not enough time. You need to put the brakes on it until you know more about the situation. When he bought his place in 2011 the realtor told him that the greenbelt would never be built on. He asked the commission if they would put this in their back yard. It will increase the noise and traffic. He does not think everyone realizes all the impacts that will happen. Right now, people use it for horseback riding, walking their dogs, and kids with bikes. There are no parks in this planned or unplanned series of neighborhoods. He asked the commission to slow down a bit and let the neighbors come in to talk about what this piece of property means to them. Sharon Kennedy stated she also lives in the neighborhood and this is the second time she has appeared on this issue. The other time was when it came to an end and nothing was really discussed. She feels extremely passionate about this issue. When you look at this map there is no other place that could be reserved for future generations, this is it. When it has gone, that is it. That is the main criteria and James is partially right, that if you all knew that ravens and Kodiak Island Borough Planning 6 Zoning Commission Minutes August 17, 2016 Page 10 eagles nest there, people pick berries there, they walk dogs, and it really is the last piece. It is steep, it will be expensive to build there, and she believes the commission should walk it. She picked up three packets and they all have all different letters in them, none of the packets has all the letters. She believes that we really need to be responsible planners in our community and not like all communities everywhere and save a little spot of natural space. CHAIR ARNDT said you have three cases here. He asked her to speak on the next two cases and go speak before the assembly also. Duane Dvorak, agent, stated the Lands Committee has been looking at not just this parcel but also other parcels in the borough's inventory. Their mandate is to try to meet a lot of different land needs but in particular the perceived need for additional residential property in the community. This property met the criteria that they were looking for to recommend for disposal. It was approved for disposal fifteen years ago and nothing has happened since then. There is no plan for any governmental development or use. Fifteen years ago there was controversy regarding the disposal, which is what this initial case is pertaining to. There was no effort to rezone or amend the Comp Plan after that. As a result, staff was wondering whether to bring this forward. The committee did ask to revisit the disposal process to give the community an opportunity to weigh in on these issues. Staff concurs with the recommendation. Close public hearing: COMMISSIONER SPALINGER MOVED to postpone Cases 17-003, 17-004, and 17-005 until the September 21, 2016 regular meeting for more public input and discussed at the work session. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY K. CASE 17-004. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition from Public Facilities/Ownership to Urban Residential (Chapter 17.205 KIBC). The intent of this request is to facilitate a rezone that will permit residential construction on this parcel. The applicant is the Kodiak Island Borough, and the agent is the KIB Resource Management Officer. The location is 3034 Sharatin Road, and the zoning is PL -Public Use Lands. Motion to postpone made during Case 17-003. (COMMISSIONER SPALINGER MOVED to postpone Cases 17-003, 17-004, and 17-005 until the September 21, 2016 regular meeting for more public input and discussed at the work session.) L. CASE 17-005. Request a Rezone of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition from PL- Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). The intent of this request is to rezone this parcel to a zoning district that permits residential construction. The applicant is the Kodiak Island Borough, and the agent is the KIB Resource Management Officer. The location is 3034 Sharatin Road, and the zoning is PL -Public Use Lands. Motion to postpone made during Case 17-003. (COMMISSIONER SPALINGER MOVED to postpone Cases 17-003, 17-004, and 17-005 until the September 21, 2016 regular meeting for more public input and discussed at the work session.) M. CASE 17-006. Request a Title 18 Land Disposal review to consider disposal of Lots 1 and 2, Raven Hills Subdivision (Chapter 18.20 KIBC). The intent of this request is to offer these parcels for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough, and the agent is the KIB Resource Management Officer. The location is 2800 Monashka Bay Road and 1684 Sawmill Circle, and the zoning is RR1- Rural Residential One. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 11 COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-07, recommending disposal of Lots 1 and 2, Raven Hills Subdivision 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. 17-006. Mason reported Lots 1 and 2 of Raven Hills Subdivision have also been identified by the Lands Committee as land that is potentially surplus to public need. This land was also approved for disposal in 2001 prior to its subdivision to two lots. In that resolution, it was identified as Lot 7A, Block 4, Monashka Bay Subdivision. Lots 1 and 2 are identified as Rural Residential in the Comp Plan and they are zoned RR1. Given the length of time since the parcels were last approved for disposal the Lands Committee recommended staff initiate a new disposal request in order to make the community property owner's in the area aware of that proposal to dispose of these parcels. Staff recommends approval of this request. In response to COMMISSIONER SPALINGER'S inquiry of how will they access the lots, Mason stated for the one that fronts Sawmill Circle will have access off Sawmill Circle but from the way she understands it is that there are some topographical constraints but the two parcels may be able to share a driveway off Sawmill. In response to COMMISSIONER SPALINGER'S inquiry of in between the two lots will there be a driveway coming in, Mason stated yes. COMMISSIONER SPALINGER stated that is right in the middle of a steep hill, very steep. Mason stated the access to East Monashka Bay Road would have to be determined by the State of Alaska, they would have to get a driveway permit from the State because it's a State owned road. Open public hearing Duane Dvorak, agent, stated this is a subdivision that has been in existence for a number of years. Part of this subdivision has already been disposed of and these lots were pulled off a prior land sale because of concerns, not necessarily because of the slope of Sawmill or site distance, at one time when this subdivision was done it was a condition of approval that we get a permit from DOT and we did have a driveway permit but that driveway permit has long since expired since we didn't use it. There is a forty foot wide common access easement along that common boundary and if you drive up there, there is a natural depression so it would minimize the amount of blasting but there would be blasting and driveway construction to make this driveway to code. There is adequate site distance by DOT's reckoning, we could get another permit or the future landowners could get another permit. In order for us to revisit this, the corner lot would have its option but the interior lot would have to come out to Sawmill or we would have to vacate those two lots and make them into one lot or some other configuration. None of the lots that the committee has been looking at are perfect. These lots are zoned properly and are consistent with the Comp Plan but the disposal is being revisited because of the fifteen years passage of time and lack of information. The plan was to put a caveat in the sale documents so that whoever bought them would know that they would have to develop the driveway along the lines of the original subdivision's vision, and they would just have to buy it with that understanding. CHAIR ARNDT asked Dvorak about the condition of approval of the subdivision was to get the driveway permit, Dvorak said before the plat could be filed we did get the driveway permit and the plat was filed. Because the lots were pulled off, which was a concern of the cost of developing to the future purchaser of the driveway, it's a joint access easement but if you sold the lots to two different people whoever builds first would essentially have to build the driveway and the next person would be a free rider unless someone bought both lots. It was because of those concerns of the additional cost but as long as we disclose this as part of the sale documents and people understand this, they can account for it in their bid accordingly. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 12 CHAIR ARNDT said it would have been nice to see the access easement that is there for the two lots, and it would be prudent to get the driveway permit again since that was a condition. He would like to see where exactly that easement exists on the lot, and he would like to see the new driveway permit is in hand before moving forward. Close public hearing: COMMISSIONER BALDWIN MOVED to postpone Case 17-006 until the September 21, 2016 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY N. CASE 17-007. Request a Title 18 Land Disposal review to consider disposal of Lot 3, Lake Orbin Subdivision (Chapter 18.20 KIBC). The intent of this request is to offer this parcel for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough, and the agent is the KIB Resource Management Officer. The location is 11799 Kalsin Drive, and the zoning is RR1-Rural Residential One. COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-08, recommending disposal of Lot 3, Lake Orbin Subdivision 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. 17-007. Mason reported Lot 3 of Lake Orbin Subdivision has been identified again by the Lands Committee as land potentially surplus to public need and like the other parcels we discussed this land was also approved for disposal in 2001 in Resolution 2001-02. It had not yet been subdivided so it was identified in that resolution as Tract H and a portion of Tract G or proposed Tract H1. It already has a future land use designation as Rural Residential and it was already rezoned to RR1 but again given the length of time since the parcel last was approved for disposal the Lands Committee thought it appropriate to revisit this parcel. Staff recommends approval of this request. Open public hearing: Duane Dvorak, agent, stated this is another parcel that had been on a disposal once before. It is properly zoned and consistent with the Comp Plan but all of these parcels you are reviewing tonight come from the same disposal resolution. Fifteen years ago it was identified for disposal, it was rezoned, and subdivided. There was a three lot subdivision, four lots if you consider the remainder that we are maintaining. Two of the lots have since been sold but this lot was held back because it didn't perk. We would need to disclose that whoever buys this lot would have to install an engineered septic system. The purpose of this request is just to revisit the disposal. It is surplus to public need and is ready to go other than the disclosure of the need for an onsite engineered septic system. Close public hearing: FINDINGS OF FACT 1. The subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide one lot that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A. Case 16-010. Adoption of Findings of Fact in support of the Commission's denial of a variance to construct a 67' tall telecommunications tower that exceeds the B-Business Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 13 zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). COMMISSIONER BALDWIN MOVED to adopt the Findings of Fact in support of the Commission's denial for Case 16-010 requesting a variance to construct a 67' tall telecommunications tower that exceeds the Business zoning district 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision. Mason stated what is in your packet is what was provided by COMMISSIONER BALDWIN to support the denial of the Variance. With this information in mind staff developed modified findings of fact. Some are the same as in the original staff report but the code says in order for a variance to be granted all six standards need to be met, and based on what was provided by the prevailing side that is not the case in the view of the commission. The first two are the same, #3 has been modified based on input from the prevailing side, as has #4. The other two, #5 & 6 were both part of prior findings of fact, they just weren't numbered so she provided this as a word document so you could have discussion and if you come to a consensus on these findings of fact we could amend by substitution to adopt these findings. CHAIR ARNDT stated what staff is trying to do is provide us with a format that potentially in going to the assembly agrees with us and they choose to go to court this is a standard used in trying to deal with these things and not start from ground zero. We also have what COMMISSIONER BALDWIN provided giving the background information and Mason said that is part of the packet. COMMISSIONER BALDWIN MOVED to amend by substitution the findings of fact provided by staff as proposed. FINDINGS OF FACT 1 That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; This variance is in conflict with natural hazards goals, policies, and/or implementation actions in the 2008 Comprehensive Plan. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions. 6. That granting the variance will not permit a prohibited land use in the district involved Construction of a sixty-seven (67) foot cell tower would be consistent with permitted uses and infrastructure within the B -Business zone. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 14 ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY NEW BUSINESS None COMMUNICATIONS A. July Planning and Zoning Commission Case Results Letters B. Code Enforcement C. Case 17-001 Application Returned Letter 7/6/2016 COMMISSIONER SPALINGER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • September 14, 2016 Work Session -6:30 p.m. -Borough Conference Room • September 21, 2016 Regular Meeting -6:30 p.m. -Assembly Chambers B. Abbreviated & Final Approvals — Subdivisions COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Mason requested that the commission consider moving the December regular meeting on December 21" to December 14, 2016 and move the work session from December 14w to December 7, 2016. The Marijuana Task Force has had two meetings so far and land use issues are a recurring theme do there's a chance that at some point that they may want some Planning and Zoning Commissioners present or they may want to put something on a work session agenda as a discussion topic outside of our packet review. Maker stated he attended last week's City Council Work Session to listen in on DOWL's presentation on where they are at with the Near Island Plan. They are in the process of actually coming up with a draft plan that will be put out for comments. It will most likely come through the assembly to be adopted and incorporated into the Comp Plan due to future land use designations and so forth. CITIZENS' COMMENTS (Limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855-492-9202. Les James asked if the next work session is September 14th. CHAIR ARNDT stated yes, but because it is a public hearing case, there is not any public testimony at the work session. He encouraged James to come testify because there will three opportunities with the three separate cases for that parcel before it goes to the assembly where there will be another opportunity to give public testimony. CHAIR ARNDT also stated that COMMISSIONER SPALINGER knows where the parcel is, he was speaking to the relocation of the ballpark. COMMISSIONER COMMENTS Jay Baldwin thanked staff for taking the time and patience for helping him go through one of the cases. Scott Arndt said he had a compliment that was given that had to do with a replat where Director Mason allowed staff to go look at what the surveyor had because it helped to expedite things Kodiak Island Borough Planning 8 Zoning Commission Minutes August 17, 2016 Page 15 greatly. ADJOURNMENT COMMISSIONER SPALINGER MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 8:16 p.m. KODIAK ISLAND BO UGH By: ca /' Scott Arndt, Chair ATTEST By: SJM 1�� Sheila Smith, Secretary Community Development Department APPROVED: September 21, 2016 Kodiak Island Borough Planning 8 Zoning Commission Minutes August 17, 2016 Page 16