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2018-09-19 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes -- - --• _, September 19, 2018 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER int Call to order the September 19, 2018 regular meeting of the Planning & Zonin�rT Ebmr�lt%S&8at 6:31 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ' ROLL CALL The Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Commission. Requested excusal was Maria Painter due to being out of state. Commissioners present were Scott Arndt, Barry Altenhof, Chris Hatch, and Dave Townsend. Excused was Maria Painter. A quorum was established. COMMISSIONER HATCH MOVED to excuse Maria Painter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Jack Maker, Sheila Smith, and Daniel Mckenna-Foster APPROVAL OF AGENDA COMMISSIONER TOWNSEND MOVED to approve the agenda as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ALTENHOF MOVED to approve the August 15, 2018 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. A) CASE S19-001. Request a replat of Lots 4 and 5, Cliff Point Estates Oceanfront Addition No.1 Subdivision, vacating a 20 -foot -wide utility easement, and creating Lot 4A, Cliff Point Estates Oceanfront Addition No.1 Subdivision. The applicant is Chandler & Katya Johnson. The location is 148 & 222 Sockeye Circle, and the zoning is C -Conservation. COMMISSIONER HATCH MOVED to grant preliminary approval of the replat of Lots 4 and 5, Cliff Point Estates Oceanfront Addition No.1 Subdivision, vacating a 20 -foot -wide utility easement, and creating Lot 4A, Cliff Point Estates Oceanfront Addition No.1 Subdivision (KIBC 16.40 and 16.60), subject to two (2) conditions of approval and to adopt the findings in the staff report dated September 5, 2018 as "Findings of Fact" for case S19-001. Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2018 Page 1 Jack Maker stated the applicants own both lots and they have determined that their preferred building site is on or near the lot line. The surveyor provided language that says "reversion to acreage" has been placed on the plat. Open public hearing: Mark Anderson spoke in support of the request. He wanted to go on record saying that he thinks this simple vacation, he thinks should not have to go through this whole Community Development process. It's a vacation of 1 lot line and the utility easement is a private utility easement. There's no reason this needed to go through Planning and Zoning. Close public hearing: Commission discussion CONDITIONS OF APPROVAL 1. The general location of the stream that is shown as running through Lot 5 on Reference Plat 2017-10 shall be depicted on the Final Plat (KIBC 16.40.40.F.3). 2. Plat note No. 2 shall be removed from the Final Plat. FINDINGS OF FACT 1. This plat meets the minimum data and design requirements of Chapter 16.40 (Preliminary Plat) of the Borough code. 2. This plat meets the requirements of Title 17 (Zoning) of the Borough code. 3. The utility easement vacated by this plat serves no practical purpose and is of no value to the Borough. 4. This plat provides a reversion to acreage that is consistent with the adopted Borough plans and development trends for this area. 5. The adopted conditions of approval will assist in ensuring that the Final Plat meets the standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED 4-0. B. CASE 19-003. Request a Variance to reduce the off-street parking requirement from 9 spaces to 5 spaces to allow construction of a 500 square foot deck on Lot 16, Block 16, Kodiak Townsite Subdivision that will serve a small-scale brewery on adjacent Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision, and allow for 4 of the 5 spaces to be located on those adjacent lots (KIBC 17.195 and 17.175.040.A). The applicant is Tangible Investments, LLC and the agent is Ben Millstein. The location is the corner of Yukon Street and Mill Bay Road, and the zoning is B -Business. COMMISSIONER ALTENHOF MOVED to grant a variance, per KIBC 17.175.040.A and 17.195, to reduce the off-street parking requirement from 9 spaces to 5 spaces to allow construction of a 500 square foot deck on Lot 16, Block 16, Kodiak Townsite Subdivision that will serve a small- scale brewery on adjacent Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision, and allow for 4 of the 5 spaces to be located on those adjacent lots, and to adopt the findings of fact listed in the staff report dated September 6, 2018 as "Findings of Fact" for Case No. 19-003. Maker stated last September, Case 18-004 came before you with the brewery requesting a parking variance to reduce the requirements for the brewery from 46 spaces to 36 spaces and that reduction was required for construction of a 750 sq. ft. deck above the covered entrance to the main brewery building. The commission approved the Variance. That raised issues regarding cost, engineering, and impact on the integrity of the building that the applicant did not want to pursue that further, so he's obtained a Right -Of -Way permit for use of that small sliver of land that's on the corner of Yukon Street right next to them. They wanted to construct a 500 sq. foot deck there. That 500 sq. ft. deck requires 9 off-street parking spaces. The property is capable of providing 1 space and the remainder of the property, the 2 lots the brewery is on are capable of providing another 4 spaces so they need another variance to reduce parking for this deck that will be at ground level to the side of the brewery from 9 spaces to only 5 spaces with 4 spaces being located on the adjacent property. Staff has provided variance approval criteria, the applicant's Kodiak Island Borough September 19, 2018 Planning & Zoning Commission Minutes Page 2 response, and staffs comments on each of those criteria. Staff recommended approval of the variance. Open public hearing: Kevin Arndt stated he felt compelled to speak because he requested a put in a request for 7 on - street parking spaces and it was denied. What needs to happen is this zoning department needs to be looking at doing something downtown. He's in favor of the variance request. We allow the Crabfest when there is no parking downtown. Arndt had requested on Wednesdays and Sundays when no one is downtown at night and that was denied. It isn't being looked at properly. Staff knows what the problem is but he doesn't know if the board does. Close public hearing: CHAIR ARNDT stated that last year when the commission was looking at the case for putting the deck on the roof, it was brought up about the dwelling unit on the property and it's not being accommodated in the parking requirements, the parking spaces not all being available, a connex box is on one parking space, the two story barn basically is used for something because people go in and out of it, it's not figured into the calculations. The calculations need to be accurate for everyone. He feels this should be postponed and re -figured by the owner to accommodate all the uses that are taking place on the property. It's not fair to everyone else. It still hasn't been dealt with so now it needs to be dealt with prior to this coming back to us. Also, last year citizen comments re: the brewery variance McDonald's and the Shelikof submitted comments complaining about brewery customers using their private parking lots. In our packet is the brewery's posted sign telling people to park in those parking lots and now he sees why they complained. Commission discussion. COMMISSIONER ALTENHOF MOVED to postpone this case to October 17, 2018 regular meeting. ROLL CALL VOTE ON MOTION CARRIED 4-0. C. CASE 19-005. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the lot from R1 -Single -Family Residential District to B -Business District (Case No.19-004). The applicant is James Cole. The location is 110 Bancroft Drive, and the zoning is B -Business. CHAIR ARNDT stated the current zoning is R1 -Single-family Residential, not Business. Mckenna-Foster stated per the attached email from the borough manager, he didn't include it in the staff report for this case. The borough manager directed the Community Development Department to no longer require future land use designation map changes for rezone applications. Maker said this is also a discussion item coming up to address how to proceed with Comp Plan Future Land Use Designation changes. He will keep it on the agenda for next week as a discussion item at the work session and provide you with examples. No action taken. D. CASE 19-004. Request a Rezone of Lot 26A, U.S. Survey 3098 from R1 -Single -Family Residential District to B -Business District (KIBC 17.205). The applicant is James Cole. The location is 110 Bancroft Drive, and the zoning is B -Business. COMMISSIONER TOWNSEND MOVED to recommend that the Kodiak Island Borough Assembly approve the Rezone of Lot 26A, U.S. Survey 3098 from R1 -Single -Family Residential District to B -Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff report dated September 5, 2018, and entered into the record for this case as "Findings of Fact" for Case No. 19-004. Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2018 Page 3 Mckenna-Foster stated this case came before the commission about a year ago when P&Z did approve and forwarded to the assembly. There were issues of ownership that has been cleared up. Mill Bay Road has long been designated as the primary commercial corridor. Infrastructure improvements to Mill Bay Road have been made with the intent of increasing volume, capacity, and that sort of thing. To facilitate higher density along Mill Bay Road, the trends of development along Mill Bay Road have been increasingly residential lots turning into Business lots. This lot has been under used for several years. It looks like the market is speaking and the owner would like to have more flexibility with this parcel. Open public hearing: Neal Cooper spoke opposing this request. He apologized to the commission for being lied to not long ago referencing this being brought up and there being some issues not knowing that the applicant did not own the property. He stated he bought his property because it's close to the children at East Elementary where his wife works. He enjoys hearing the children playing and having the church right there. There are 10 residents that are against this rezone because they don't want the noise. If he wanted to buy a home in a Business District he would have. This body would not allow me to live on Shelikof Street because it's designated Business so why would you bring Business to this quiet, small portioned lots neighborhood. There are 13 lots with 10 lots with residents living in them. The church is also against it. Cooper recommended the commission deny this request. He bought his property after researching everything; it's a dead-end with no traffic, no noise, and no businesses. Close public hearing: During discussion there was consensus that this request should be denied. ROLL CALL VOTE ON MOTION FAILED 3-1. E. CASE 19-010. Request a Conditional Use Permit to allow establishment of a contaminated soil landfarming site (government maintenance service facility and storage yard) on a portion of Lot 2A, Lakeside Subdivision, Second Addition (KIBC 17.130.030.D and 17.200). The proposed non -incineration site would use a bioremediation process in which stored contaminated soil is periodically turned over or tilled to aerate the mixture until contaminants are removed. The applicant is the Kodiak Island Borough and the agent is Phil Kovacs, Director, Engineering and Facilities Department. The location is 2647 Selief Lane, and the zoning is PL -Public Use Lands. COMMISSIONER HATCH MOVED to grant a Conditional Use Permit to allow establishment of a contaminated soil landfarming site (a government maintenance service facility and storage yard) on a portion of Lot 2A, Lakeside Subdivision, Second Addition, subject to five (5) conditions of approval, and adopt the findings of fact for Case No. 19-010 listed in the staff report dated September 5, 2018. Mckenna-Foster stated this site was chosen as a last resort, it was not their first pick for this kind of operation. It came out of need. The Engineering & Facilities Department was trying to move soil from the middle school to somewhere else and this was the most suitable site. The Engineering & Facilities Department was doing work at the middle school when they discovered contaminated soil, so they notified DEC. They wanted to move the soil off-site to the landfill but DEC wouldn't allow it because of separate issues with the permit at the landfill. The soil is sitting at the middle school today. This type of facility could be put on Industrial zoned land without going through the process so if the borough had to pay they could potentially pay for a site right next to this and not go through this process and it would be permissible by the zoning code. Staff recommends approval with several conditions of approval. Open public hearing: Betty MacTavish spoke opposing this request.. She urged the commission to deny this soil remediation farm on the Public Use Land behind Threshold and Safeway at the storage area where mobile homes are parked and homes next to Dark Lake Softball Field where children play, Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2018 Page 4 ride their bikes and four wheelers. She heard there were alternatives pursued but the manager said there were no alternatives pursued. The issue at the landfill is that it is out of compliance with ammonia levels. The Dark Lake area is not appropriate for this. She was told this was the closest and most efficient, but it doesn't seem to be the case. She was also told differing amounts of the contaminated soil. Eight months ago, we knew there was going to be an issue because the high school had this issue and there was never a permanent plan. It sounds like what we need is a permanent plan for soil remediation and it is not this area. We called DEC and there are currently 20 cases of contaminated soil on our island. DEC suggested that we discuss with the Coast Guard because they have a soil remediation field. There's also a company in Anchorage that has a mobile unit that can come to the island and with 20 people maybe the cost could be shared. DEC said it can stay at the middle school for up to 1 %years covered. That would give us time to decide where a permanent place could be. Let's step back and make a good decision for our island as to what we are going to do with it. DEC said that if any citizens have any comments opposing this then they wouldn't issue the permit. Aaron Griffin, Shahafka Circle resident, spoke opposing this request stating the problems at the landfill directly impacts what is going on here. In August he initiated contact with the borough regarding the Conditional Use Permit on this property, his reaction was this should go in the landfill. We have spent all this money getting it up and running, why wouldn't we be doing this out there is already greenbelt barriers and other stuff to make this the right location. The answer is they can't place it at the landfill due to time constraints and how long it would take DEC use permit the landfill amend it to allow the soil farm remediation process to be out there. He has a hard time with that because it's a half truth. It turns out that staff had already queried DEC and ask for a permit amendment and was denied due to the long ongoing waste water discharge issues at the landfill but that was only one of the problems they are having at the landfill. It turns out that the borough, in addition with not meeting the wastewater discharge requirements has many ongoing water management violation conditions; failure to (inaudible) inspections, failure to maintain records, failure to monitor, failure to submit required reporting, management practice violations. These violation conditions have been in effect since March 13, 2017. They have not been rectified as of September 14, 2018. Regardless of the fixes to the waste water issue, the management issues haven't been fixed at the landfill. This should be at the landfill but cannot because the department is missing the mark. The landfill needs to be fixed and then we can have all the contaminated soil in one area at the landfill. Justin Lawrence, Shahafka Circle resident, spoke opposing this request. He said that property is 20-30 feet above where our backyard is, it just slopes right down. There is a whole forest of blueberries and salmonberries right there. We just purchased our home for $425,000 in May and if he had been told that contaminated soil site was going to be put there he wouldn't have even considered buying there. This will destroy the property value of that neighborhood. Casey Lawrence, Shahafka Circle resident, spoke opposing this request. She said her lot is directly adjacent to this. She purchased what she hoped to be her retirement home in May this year. The parcel sits approximately 15 — 18 feet from the backside of her house. Her and her family are heartbroken, angry, and confused about why this would even be considered. The thought of contaminated soil being dumped so close to any neighborhood should infuriate not just us but all Kodiak residents. What repercussions will she and her neighbors have if the entire area becomes useable by the borough for any undesirable material in the future. This is setting a precedence. She didn't purchase her home to worry about the neighborhood becoming the center of a wasteland. Furthermore, she doesn't trust that there aren't environmental impacts that will be spread throughout the area. Children play in the woods behind her house on exactly this parcel of land. How is she to trust that this will not make them ill. Given all these things she begged the commission to consider the impacts to those who live adjacent to it and deny the borough's request to impact us in this way. Other less impactful sites are available. She thanked the commission for safeguarding her neighbors, finances, and her life. Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2018 Page 5 Kate Ballenger, Shahafka Circle resident, spoke in opposing this request. During the 28 years that she's lived on Shahafka she has seen many changes and have been before the commission a number of times. Many have spoken on not having this item approved. She read the meaning of contaminated from the Random House dictionary. In spite of many changes in this neighborhood over the 28 years, it still is very homey with friendly residents and it seems we have more children and animals than we had 28 years ago. She agrees the property values would go down drastically if this is allowed to happen. She doesn't see the necessity for doing this, there are too many children and animals in this area. She does not want to go to anyone's funeral because of this. T. Danae Mckenny, Shahafka Circle resident, spoke opposing this request. She feels this is not an appropriate place to be putting contaminated soil. There are a lot of children living on our street and animals. We currently have a water problem and it is worsening in our neighborhood. It seems runoff is shifting our properties, our lots are sagging, and she's lost trees because of it. It is all flowing towards her house from the lot being proposed for the contaminated soil. They are already trying to remediate damages from water and people are trying to fix their lots and filling things so there won't be so much damage from the rain and runoff. There is also a lot of swampy area behind our homes and she can't see that putting contaminated soil is going to do anything but wash it down towards their homes. She doesn't feel by doing this expediently just to get it off the middle school property is going to make it better for the children that live on Shahafka Circle. To put contaminated soil there just because it was like that 50 or 60 years ago is not a good reason to continue to make the same mistakes over and over again. There are other options. George Reith spoke opposing this request. He represents the Safeway owners and the adjoining parcel that is currently undeveloped. There have been some potent remarks tonight that are not in favor of this. His main concern is property values. There are residential people and retail use of adjoining properties and doing something like this could not result in a positive impact on anyone's property values. We heard earlier that there was a lot of cleanup done on this property but doing something like this seems like we're going in the wrong direction. The property has been cleaned up, it's going the right direction and so he doesn't understand why we would start putting contaminated soil there. Reith thanked the commission. Close public hearing: In response to CHAIR ARNDT's inquiry of the request is for a permanent facility at this site to be used ongoing, is that correct. Phil Kovacs replied that is correct. In response to CHAIR ARNDT's inquiry of we have been removing tanks from different schools, is there any other contaminated soil out there in regard to schools or borough facilities. Kovacs said yes, there's one at Karluk and there's one at Port Lions school. Both schools the soil is being remediated on site. There's also an underground storage tank right behind the Red Cross building that we'd like to remove and there's a possibility that if it was leaking there would be contaminated soil from that. We just completed an underground storage tank removal at the landfill and it's part of one of the tasks regarding the improvements to the baler building. There was contaminated soil discovered during the excavation removal of that tank. In response to COMMISSIONER HATCH's inquiry of why can't the remediation be done at the middle school instead of moving it. Kovacs stated they would rather move it to a location with less exposure in this fenced area rather than at the school In response to COMMISSIONER TOWNSEND's inquiry of is it possible to move the soil to the landfill, cover it up for several years until we have the landfill issues solved so it can be remediated there. Kovacs stated yes, that's an option. During commission discussion, there was consensus to deny this request. ROLL CALL VOTE ON MOTION FAILED 4-0. Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2018 Page 6 OLD BUSINESS None NEW BUSINESS A. Discussion of potential amendments to Title 17 (Zoning) to clarify the Rezone and Comprehensive Plan Future Land Use Designation amendment processes. Maker stated the Borough Manager gave staff direction to no longer process any Future Land Use Designation changes with rezone applications when the rezone is not consistent with the Future Land Use Designation currently assigned. He provided a brief history of how we got where we are with those and how we could change the process even though we weren't directed to pursue code revisions that would address one of the three issues that one of the three methods to approve the process. We'll still go forward with it. He was going to take it from a New Business item which is on this agenda to discuss an item for the next work session and not have it on the regular meeting so we can discuss it. Based on those discussions we can then put it as a public hearing item at the November meeting. Discussion COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters • August P&Z Case Results Letters B. Code Enforcement • Code Enforcement Letters COMMISSIONER ALTENHOF MOVED to acknowledge receipt of communications as presented. VOICE VOTE ON MOTION CARRIED 4-0. REPORTS A. Meeting Schedule: • October 10, 2018 Work Session -6:30 p.m: KIB Conference Room • October 17, 2018 Regular Meeting -6:30 p.m. -Assembly Chambers B. Minutes of Other Meetings • June 26, 2018 Parks and Recreation Committee Regular Meeting Minutes • July 24, 2018 Parks and Recreation Committee Regular Meeting Minutes COMMISSIONER TOWNSEND MOVED to acknowledge receipt of reports as presented. VOICE VOTE ON MOTION CARRIED 4-0. 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. Betty MacTavish thanked the commission for failing Case 19-010. There were several people who were unable to attend tonight who are opposed. A plan would be good, away from neighborhoods. Kate Ballenger thanked the commission for helping us to solve this problem. Phil Kovacs thanked the commission for allowing him to respond to comments about poor management or how the landfill is being run. His department and the landfill take compliance very seriously. He knows there are some things that need to be changed in the way the landfill is running, we are working on it, and it's getting better all the time. Our last inspection by ADEC, we got over 90% score compliance. Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2018 Page 7 STAFF COMMENTS Jack Maker said we have 2 open seats on the commission, spread the word because it's hard to do business with only 4 or 5 commissioners. He thinks when we have a full commission, you get a more well-rounded observation of the situation. Daniel Mckenna-Foster said he wanted to give a plug for the Parks and Rec Committee that has been working on the update to the 1981 Parks and Rec Comprehensive Plan. It's a much-needed update and we decided last night to have our recreation summit on November 23rd in the Assembly Chambers. We encourage anyone interested in recreation to come. We are also putting together a survey which will be available online. COMMISSIONER COMMENTS Dave Townsend thanked Phil Kovacs for talking about his last landfill inspection. We realize you are fairly new and no one is blaming you for past management. He is sure that Kovacs will address the issues at the landfill. DNR is proposing a land sale in Kupreanoff. Right now it's in public comment period before they move forward on it. It's within the borough so the planning process will come through the Planning and Zoning Commission. Our concern with public easements and access to the remainder of public lands and certainly will be maintaining easements and Rights - Of Ways. The entire are is over 600 acres, divided into 7 different parcels. He just wanted to get the word out. It's been out for public comment for a couple months now. Barry Altenhof thanked the folks who showed up tonight to speak their peace. Not because they were pointing their finger at anyone but that is how government is supposed to work. It's far better to have a broad community show up to speak their minds so that government folks know the tone of the community and the way the winds are blowing. It helps them to do the right thing. Altenhof also thinks they did the right thing tonight. Chris Hatch also thanked the public who came out tonight. He's been on the commission for 2 years and this is the first crowd he has seen come to the meeting. This is one of the few times he felt like a dramatic impact to the community. He's proud of the decisions made by the commissioner's. Scott Arndt invited Ken Cross to come tonight in the hopes he will put his name in for the commission. He just moved back to town and Arndt has been encouraging him to come tonight to see how it goes. We will see what he thinks. He thanked everyone for coming forward tonight, it always helps. He appreciates staff and Kovacs for presenting the other side of things and correcting some things. He hopes you appreciate our ruling which is we need to find another location. ADJOURNMENT COMMISSIONER ALTENHOF MOVED to adjourn the meeting. CHAIR ARNDT adjourned the meeting at 8 p.m. KODIAK ISLAND BORUGH PLAN NI D7fONI0MISSION By: GD rro Scott Arndt, Chair ATTEST: By:l?Ak C Sheila Smith, Secretary Community Development Department APPROVED: October 17, 2018 Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2018 Page 8