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2016-12-09 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR ME�N bEC 9 2016 MINUTES October 19, 2016 Regular Meeting 6:30 pm -Borough ASel�l� Ghem¢eEs CALL TO ORDER CHAIR ARNDT called to order the October 19, 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 Greg Spalinger and Barry Altenhof due to both being out of town for personal business. Commissioners present were Scott Arndt, Jay Baldiwn, Maria Painter, and Alan Schmitt. Excused was Barry Altenhof and Greg Spalinger. A quorum was established. COMMISSIONER BALDWIN MOVED to excuse Greg Spalinger and Barry Altenhof. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER BALDWIN MOVED to add Approval of Minutes to the agenda and to approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the September 21, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments are limited to three minutes per speaker. 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 17-011. Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 1 Management Officer. The location is 3235 Rezanof Drive East and NHN Woody Way Loop, and the zoning is R2 -Two-family Residential. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as "Findings of Fact" for Case No. 17-011. Director Mason reported these five lots in question were purchased with the purpose of locating the new hospital. Site work was done but this location fell through and an alternative site was chosen. Since the mid 90's it has been used for recreational purposes. There have been a number of site improvements made and the use of the facility over the years have increased significantly. The current use with the two sports fields was authorized in 2009 through a joint use agreement with the borough, city, and the school district. That use has continued and the City Parks and Recreation Department has continued maintaining that site. In 2013 Tract R1 was subdivided into the five parcels, and the smaller lots 11-14 were intended for borough land sale 2018 but were withdrawn from that sale. In 2014, the assembly authorized disposal of a larger area that reconfigured those lots into a nine lot configuration. Preliminary plat approval was given for a six lot configuration. The final plat has not been recorded yet. The four smaller lots legally exist. In January 2015, the commission initiated a master planning process but due to staff shortages the project hadn't moved forward much. In May 2016 it was reconfigurated and initiated as a modified master planning process. Since then, Community Development Department staff has gone to an assembly work session where this planning process was a topic of discussion where the assembly decided that it would behoove the borough to move forward with a development planning process where we solicit requests for interests and requests for proposal for developers to come in to give us their thoughts and maybe some plans for the site. This parcel isn't going to be outright sold at a land sale or outcry auction but initiating this Title 18 Land Disposal is a formality with the way our code is written. The parcel is still being used by many organizations for recreational purposes; Little League, Football League, Relay for Life, and the schools. The Comp Plan goals that staff felt consistant with the recommendation are listed in the staff report. Given the history and the public's expectation of a master planning process and their perceived need for a master planning process, staff can't say with certainly that this parcel is surplus to the public's or the borough's need, and that's why staff recommended retention of this parcel. COMMISSIONER PAINTER stated staff initially said they favored this to go for release of public lands, then another staff report said that they didn't want that but she can't find it, and what we're saying now is that we are changing our minds and initially we had a favorable response in 2015 and what she is understanding is now you've changed your mind or is this something that you've heard from the public and that has made staff change their minds, Director Mason stated we have heard a fair bit from the public. Not everyone wants to keep it just as a ball field as is, they would like to see some additional development and they realize the benefit. The last two years or so they've been told they werre getting a master planning process and it's really hard for developers to come up with a plan that meets the communities needs when no planning has been done to determine what the needs of the community are because all of Kodiak is using the fields now. We aren't opposed to development here and it's not intended to bar any development and leaving it as is. It's what we've heard from the community. We Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 2 don't have a lot of data on how much recreational space we need and how much additional housing we need. It was mentioned today at the Lands Committee meeting the potential of putting business parcels there. We don't know what the demand is for that kind of thing but there's a benefit for having those kinds of neighborhood cluster areas. Staff would like the opportunity to make sure that when we send this out to a developer we're not giving developers a list of things that just staff thinks needs to be there, that it's a list of things the public feels they need there as well. COMMISSIONER SCHMITT stated that the only time staff spoke in favor of disposal was for the four lots that had been subdivided and then the nine lot proposal presented subsequent to that. As far as the rest of the property, he recalls no instance where staff said we should dispose of all of that. In response to CHAIR ARNDT'S inquiry of at this point the planning process has stopped, Director Mason stated at this point we would have been into public meetings. In response to COMMISSIONER PAINTER's inquiry of the September 28th letter from Duane Dvorak one of the findings of fact was the subject parcel may not be capable of providing suitable urban residential building sites based on topographical constraints; drainage, access, utility issues, etc. but then she looked in August of 2015 it states that as far as buildability minimal site grading would be necessary for most any type of development compared to the most other sites in or around Kodiak so it's going from one to the other. She wants it clarified if you have any idea of where staff stands now as far as buildability, etc. Director Mason said there is not any topographical issues. Director Mason said she was looking for the letter Painter is referring to but she is not finding it. COMMISSIONER PAINTER said for Director Mason to give her her opinion at this point based on her research. Director Mason stated it is buildable, all of the parcels in question are buildable. Mr. Kozak, Public Works Director, provided some of his thoughts in a public comment for this case. There's no topography issues that she is aware of. COMMISSIONER SCHMITT stated it's not the topography but the access and primarily sewer services. That's the primary reason the four lots that have been subdivided haven't gone on sale because they don't have sewer service to them, and it's going to cost in the range of $300,000 to put a sewer line in to service those lots. The property has been excavated down to bedrock so to put in the sewer and water services to it would require blasting and trenching which will not be cheap. Open public hearing: Corey Gronn, City Parks and Recreation Director, stated as a resident he urged the commission to consider continuing with the master planning process. This parcel is of significant interest and to forego the process of master planning is not in the best interest of the public. The Joint Use Agreement is in affect and renewal is on an annual basis. Per that agreement, the borough is supposed to notify the city of any major changes to that agreement which this property is that and that has not been done. He's asking the commission to vote it down and to continue the master planning process and let the public speak on it. Duane Dvorak, KIB Resource Management Officer and agent, stated he doesn't agree with the recommendation. He got back from leave last week and brought this staff report tonight to handout. He wouldn't ask the commission to make a decision based on this input that no one has seen. The value of the property is assessed upwards of $2 million, Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 3 that's money the community has invested in this property. With a negative recommendation there's no way for the community to realize any compensation of that investiment. Ultimately, the assembly is going to make the final decision on this request and you have an opportunity to influence that decision but if you just say no, particularly on the limited basis presented in this staff report. The staff report has some good information but this isn't a parcel like you see that's on some public use land that we're trying to rezone, amend the Comp Plan, and get a disposal authority. It's zoned R2 and has been for a long time. It's designated for urban residential plan in the Comp Plan. Staff is aware of the three agency agreement. The agreement was held by the Borough Manager for several months because of the closure of Jackson's Mobile Home Park and the purchasing of the apartments downtown. As far as the recreational use of the property, the borough has non -area wide parks and recreation authority, it doesn't have the aurthority to have recreational facilities inside the city. The borough has no plans to develop this property for any purpose at this time. Other than this three agency agreement which keeps the borough at arms length, we provide the land, the city provides the maintenance, the city and the school district are all involved. We are basically giving it to the city and the community for this recreational purpose but the improvements aren't all that substantial. Maybe there's not a lot of data that says Kodiak needs parks or housing but should you be hamstrung from making a decision. Linda Freed, Woody Way resident, stated her understanding of the resolution recommends at this point the property is not surplus to the borough's needs. She believes it's true until a planning process has been completed so that determination has been fully vetted and you can make a decision based on good information. She watches people on that field on a daily basis from her window and there are many people involved in sports leagues, people with kites and Frisbees, and schools use the field for sports. She isn't sure if there are adequate replacement locations for those opportunities.. She based that on her involvement with the three agency agreement for Parks and Recreation. One of the reasons the City of Kodiak was interested in working originally to put city dollars into borough property as well as continued maintenance because of the need for those facilities to supplement what already existed in the community. Hence the agreement to maintain borough lands for public recreation in the community by the City of Kodiak. It is not an insignificant amount of money the city spends on those facilities. The benefit to the city as a community is we also get to use the school district facilities for other kinds of recreational purposes. If the borough is interested in moving forward with land disposal, the borough should take intitiative to follow up and finalize those plats on the lots on Woody Way. Probably, the reason it hasn't happened is because of the cost. Mr. Dvorak said this property is worth $2 million, she thinks it might cost that much to develop it. Without going through a planning process that identifies what policy direction the borough wants to go and with public input, do you want to have three acres of recreation there or do you want to have five acres, do you want to make sure that those wetlands are protected because historically, the borough has done a poor job of making sure drainage is protected so the people upstream or downstream don't have problems. The cost of the development for this property is something the borough should have a handle on before it moves forward even with requesting development proposals. It's imperative to make sure the drainage is taken care of. It's important for the whole community to understand what could happen on the property and there should be a comprehensive thoughtful process for looking at what that development should be. She's concerned with the wetlands being filled in as we've seen happen in the past and have a mess later on that the city Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 4 would have to deal with. Think about the drainage issues on Selief Lane. The borough needs to continue with the planning process to identify what the best use for the property is. Close public hearing: COMMISSIONER SCHMITT expressed concern about not receiving a public hearing notice and the notification list not being included in the packet, the Borough Parks and Rec Committee didn't have a quorum for their last meeting and they have significant interest in this item. He feels this should be postponed until next year to allow for re - noticing and to get Parks and Rec's input. Commission discussion re: tonight's information not talked about at the joint Assembly, P&Z work session, the need for another joint work session, the city investing a significant amount of time and money for dirt, sod, etc. to make the fields, and postponement. Director Mason apologized for not having the notification list in the packet, she missed it. She also stated the R2 zone isn't just for residential, parks and playgrounds is a permitted use. Director Mason and Larry LeDoux discussed a timeline, the long timeline being a concern for some of the assembly members but the more traditional planning process and timeline that was presented in May was the favored tool by her predecessor. It was tried and true and has been used many times but there are other more intense and engaging ways to get the process moving a little faster. We could get more accomplished in a shorter amount of time, staff would be willing to use those tools in a new proposed planning process and perhaps discuss it in a joint work session. Mason told COMMISSIONER PAINTER that she looked through the packet and she is not seeing a letter dated the 28th that Painter was referring to. COMMISSIONER PAINTER wanted to give it to Mason after the meeting. COMMISSIONER SCHMITT MOVED to postpone Case 17-011 to the February 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. September Planning and Zoning Commission Case Results Letters B. Code Enforcement Communications C. Case 16-010 Assembly Results Letter COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • November 9, 2016 Work Session -6:30 p.m. -Borough Conference Room • November 13-15 2016 Commissioner Training and APA Conference -Anchorage Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 5 November 30, 2016 Regular Meeting -6:30 p.m. COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CITIZENS' COMMENTS 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 STAFF COMMENTS Director Mason stated the assembly passed the chicken ordinance so we will be getting that on your agenda as a work session item hopefully in December, if not in January. COMMISSIONER COMMENTS Maria Painter said she found the letter she was looking for for Director Mason. Alan Schmitt said when we deal with this again ideally we will have more than four commissioners which is good when we have important matters. Jay Baldwin stated he has a concern regarding a case that was decided on by P&Z and then reversed by the assembly. He was unavailable when it went to the assembly but the comment that came back was a main reason it was a fear of legal reprisal. He's not mad about the reversal, we all have our different opinions but a decision based on reversal out of fear that we're not representing our community or what we're're saying is that the individual does not have the same chance for comments or reversal that a bully can. What he's hearing from the echelon is that maybe we should be having attorneys making our plans and recommendations for Planning and Zoning. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:23 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Scott Arndt, Chair ATTEST: By:1QSLg Sheila Smith, Secretary Community Development Department APPROVED: November 30, 2016 Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 6