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2019-04-17 Regular MeetingSCANNED D Sal 9; , D, 8 _ Kodiak Island Borough Planning and Zoning Commission Regular Meeting MAY 2 1 2019 Minutes April 17, 2019 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER COMMISSIONER TOWNSEND called to orderthe April 17, 2019 regular meeting of the Planning & Zoning Commission at 6:31 p.m. PLEDGE OF ALLEGIANCE COMMISSIONER TOWNSEND led the pledge of allegiance. ROLL CALL Commissioners present were Barry Altenhof, Dave Townsend, Duane Dvorak, Alan Schmitt, and Kent Cross (arrived 6:39 p.m.). Absent was Chris Hatch (resigned, seat not vacated yet). A quorum was established. Community Development Department staff present was Sara Fraser and Sheila Smith. COMMISSIONER SCHMITT MOVED to excuse Kent Cross. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER DVORAK MOVED to approve the March 20, 2019 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Commissioner Cross arrived at 6:39 p.m. 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. Sign in and state your name for the record. A) CASE S19-005. Request preliminary approval of the subdivision of U.S. Survey 4965 Narrow Cape, creating Lots 1 through 3 and Tracts A, B, and C, U.S. Survey 4965 Narrow Cape. The applicant is Kodiak Game Ranch and the agent is Buck Burton. The location is 50838 Narrow Cape Road, and the zoning is C -Conservation. COMMISSIONER DVORAK MOVED to grant preliminary approval, per KIBC 16.40, of the subdivision of U.S. Survey 4965 Narrow Cape, creating Lots 1 through 3 and Tracts A, B, and C, U.S. Survey 4965 Narrow Cape; subject to 8 conditions of approval and to adopt the findings in the staff report dated April 7, 2019 and entered into the record for this case as "Findings of Fact" for case S19-005. Sara Fraser stated the applicants want to subdivide into 3 smaller lots and 3 larger tracts in the 40 acre range. They all meet the requirements for the zoning district. She went through the 8 Conditions of Approval, and then stated there is a potentially 91h Condition of Approval has been Kodiak Island Borough Planning & Zoning Commission Minutes April 17, 2019 Page 1 suggested. It was brought to staffs attention that the Conditional Use Permit issued when they were working on the lodge construction in 2000 required a review 5 years after the original approval, which would have been April 2005. That review did not occur so if the commission sees fit to add another condition of approval of approval, she has language for it. Open public hearing: None Close public hearing: Commission discussion COMMISSIONER DVORAK MOVED to amend the motion to add a Condition #9 stating "prior to final plat approval the applicant shall have the Conditional Use Permit issued by Case 00-005 reviewed by the Planning and Zoning Commission and update the motion on the floor to read "subject to 9 Condtions". CONDITIONS OF APPROVAL 1. The legal description shall be revised to include reference to Lots 1 through 3 and Tracts A, B, and C, U.S. Survey 4965. 2. Prior to Final Plat approval, an access easement, meeting the width requirements identified in KIBC 16.80.030, from Pasagshak Road to U.S. Survey 4965 shall be obtained through the Alaska Department of Natural Resources, Division of Mining, Land, and Water (DMWL). 3. Prior to Final Plat approval, the name of Kodiak Cattle Cc Ranch Road shall be formally changed to Burton Boulevard, as outlined in KIBC 12.10 (Changes To Existing Street Names), or Kodiak Cattle Cc Ranch Road shall be identified as the street name on the plat. 4. All road access and utility easements shall be identified as private road and utility easements and must comply with the provisions of KIBC 16.40.080 (Private roads). All covenants required by that code shall be depicted on the Final Plat. 5. Prior to Final Plat approval, the roadways and fire apparatus turnarounds providing access to Lots 1 through 3 shall be constructed. Construction must meet the standards of KIBC 16.80 (Standards for Road Improvements) and the fire apparatus access road requirements of the adopted fire code. 6. The Final Plat shall depict an extension of the 60' access, utility and fire apparatus access easement crossing Lots 2 and 3, to intersect with the existing 40' electric easement (Book 78 Page 531). 7. If AWC stream #259-30-10060 or any of the stream's channels, including dry channels, are located on U.S. Survey 4965, the location of the channel(s) shall be identified by meander line or bank vegetation line on the Final Plat and a 25 -foot public access easement shall be established based on surveyed meander or bank vegetation lines. 8. Prior to Final Plat approval, zoning compliance shall be issued for all existing structures in the subdivision for which zoning compliance has not been previously issued. 9. Prior to final plat approval the applicant shall have the Conditional Use Permit issued by Case 00-005 reviewed by the Planning and Zoning Commission FINDINGS OF FACT 1. This plat meets the minimum data and design requirements of Chapter 16.40 (Preliminary Plat) of the Borough code. 2. The adopted conditions of approval will ensure that the Final Plat meets the standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough Code. 3. The adopted conditions of approval will satisfy review agency requests. 4. This plat provides a subdivision of land that is consistent with adopted Borough plans and the low-density characteristics of the C -Conservation District. ROLL CALL ON MOTION TO AMEND CARRIED 5-0. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-0. Kodiak Island Borough Planning & Zoning Commission Minutes April 17, 2019 Page 2 B. CASE S19-006. Request preliminary approval of the subdivision of Lot 1A-4, U.S. Survey 3465 creating Lots 1A-4A, 1A-4B, 1A-4C, and 1A-4D, U.S. Survey 3465. The applicant is the Kodiak Island Borough, and the agent is Maggie Slife. The location is 593 Island Lake Road, and the zoning is PL-Public Use Lands. COMMISSIONER SCHMITT MOVED to grant preliminary approval, per KIBC 16.40, of the subdivision of Lot 1A-4, U.S. Survey 3465, creating Lots 1A-4A, 1A-4B, 1A-4C, and 1A-4D, U.S. Survey 3465; subject to 1 condition of approval and to adopt the findings in the staff report dated April 7, 2019 as "Findings of Fact" for case S19-006. Fraser stated the assembly approved a portion of this lot for disposal and a rezone was approved by the assembly for the smaller lots on the east side. Preliminary approval expired in February 2019 which is why this subdivision is before the commission again. The original preliminary approval was subject to 5 Conditions of Approval. Many of those were carried over by the surveyor on this plat. There is a fifteen foot setback on the northeast lot on the corner of Island Lake and Balika that was put there for drainage, and in the wintertime, it's not uncommon for vehicles to go off the road into the ditch. Staffs original recommendation in October 2016 did not have a condition of approval relating to the drainage easement that is shown on the plat. Open public hearing: Scott Arndt, Service Area 1 District Chair, stated in March this subdivision was discussed with the service area board who is adamant that the drainage easement needs to be expanded and constructed, which is adhering to the Planning and Zoning review in 2017. The Borough Resouce Management Officer was adamant that it be an engineered drainage plan, it was not the commission like she said. She backed off when she found it was going to be $20,000 to engineer it. The bottom line is this is drainage and there is standing water around the lots. It needs to be addressed. The service district is who gets the calls when there are drainage problems. The borough is the developer and the borough needs to construct the easement. On the last plat, the twenty foot was moved onto the borough portion of the remaining lot which would have been Lot 1A-4A. It shows 10 foot as a utility easement across the back and then you need to take 10 feet of Lot 1A-4A. Don Swanson spoke in opposition stating he has lived at 492 Shahafka for years. He said the new notice doesn't update and explain why and what. He lives on the closest adjoining lot. He moved there because it was wooded, quiet, and bordered on borough park land. Those lots are really low and will require a lot of fill. The biggest issue is the water. It is all very, very wet. The drainage that goes through there circles around, paralells the park, and then goes back behind his house before running through a small culvert, and then goes to Island Lake. If you walk it, you can see the little creek that might be 3 or 4 feet wide but in a wet season the water is many times as wide. It keeps pushing back creating that swamp. He's concerned that this change on this plat, it says there is a drainage (inaudible). The move of the easement on Lot 1A-4B, C, and D, it just says it's going to move, it doesn't say where it's going to go. No explanation of where but it looks like it's just to get it out of the way of the lots to be developed. It's obvious by this that it even shows the trail of the water, once again the creek gets higher and the swamp gets deeper and it keeps pushing up on Lot 2b where he is. His concern is the water is going to compromise the other lots out there. Trees will get knocked down which will compromise the trees that are IeftHe would like to propose an engineered drainage plan go with these lots (inaudible). Close public hearing: Commission discussion COMMISSIONER TOWNSEND called a 5 minute recess at 7:42 p.m. COMMISSIONER TOWNSEND reconvened the meeting at 7:46 p.m. COMMISSIONER DVORAK MOVED to amend the motion to add a Condition #2 to relocate the 20 foot wide portion of the drainage easement that is centered on the depicted drainage course Kodiak Island Borough Planning & Zoning Commission Minutes April 17, 2019 Page 3 across Lots 1A-413 and 1A -4C, which shall be completely relocated onto adjacent Lot 1A -4A on the final plat. ROLL CALL VOTE ON MOTION TO AMEND FAILED 2-3. The noes were COMMISSIONERS SCHMITT AND CROSS. The ayes were COMMISSIONERS ALTENHOF, TOWNSEND, and DVORAK. COMMISSIONER DVORAK MOVED to amend the motion to add Condition #2 to require an engineered drainage plan prior to final plat approval. COMMISSIONER SCHMITT MOVED to amend the pending amendment that any recommendations made by the engineered drainage plan be complied with before filing final plat. CONDITION OF APPROVAL 1. Prior to Final Plat approval, the existing accessory building and tree house located within the required rear yard setback of Lot 1A -4A shall be removed, demolished, or otherwise brought into compliance with Title 17 (Zoning) of the Borough Code. 2. An engineered drainage plan shall be required prior to plat approval. Any recommendations made by the engineered drainage plan be complied with before filing final plat. FINDINGS OF FACT 1. This plat meets the minimum data and design requirements of Chapter 16.40 (Preliminary Plat) of Borough Code. 2. The adopted condition of approval will ensure that the Final Plat meets the standards of Title 17 (Zoning) of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF, TOWNSEND, DVORAK, and SCHMITT. The noe was COMMISSIONER CROSS. ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF, TOWNSEND, DVORAK, and SCHMITT. The noe was COMMISSIONER CROSS. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-0. OLD BUSINESS NEW BUSINESS COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters B. Code Enforcement Actions COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • May S, 2019 Work Session -6:30 p.m. -Borough Conference Room • May 15, 2019 Regular Meeting -6:30 p.m. -Assembly Chambers B. Minutes of Other Meetings COMMISSIONER DVORAK MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and Kodiak Island Borough Planning & Zoning Commission Minutes April 17, 2019 Page 4 general comments. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None STAFF COMMENTS Fraser stated the new planner started today. Fraser will be out of the office from Monday, April 22nd through May 3rd so you will get your packets on Monday, May 61h. At last week's work session, Mike Martin and Joe from Oceanfront Kodiak extended an invitation to do a site visit to Cliff Point. Cliff Point's rezone of the most outer portion on the point will be before you next month so in the next few weeks would be a good time to do that. Fraser's last day is May 171h. The commissioners expressed interest in doing a site visit to Cliff Point. COMMISSIONER COMMENTS Alan Schmitt said he will be going out of town May 2nd and returning May 23rd and will miss the work session and regular meeting. Duane Dvorak stated he'll be moving into the city and Chris Hatch's seat will be declared vacant so he wanted to see if he could apply for that city seat. The Clerk's Office informed him, by virtue of being a borough resident even if he lives in the city he can fill a borough seat. When he looks at the code section on apportionment between first class and home rule cities within boroughs or Planning and Zoning Commission and the underlying statutes, he doesn't think they are talking about borough residency, they are talking about where you reside. There is supposed to be a resolution that spells out the apportion; how many seats does the city get, how many seats does the borough get. The last resolution the Clerk's Office could locate was from 1982, but he thinks apportionment means it's not a flexible scale. To be occupying a borough seat when he is living in the city seems to be a misrepresentation. Kent Cross stated it is good you are having this discussion and the diversity of ideas is always good. Barry Altenhof told Fraser with all the people leaving the borough that is more excitement than you wanted, and he wished her good luck. Dave Townsend thanked Fraser for spending her weekends doing staff reports. Townsend also appreciated Dvorak's comments about the apportionment, that really says a lot about your character. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TOWNSEND adjourned the meeting at 8:16 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Dave Townsend, Chair ATTEST �� By: 'C�Y�?L)L, f �h�j0 1 Sheila Smith, Secretary APPROVED: May 15, 2019 Kodiak Island Borough Planning & Zoning Commission Minutes April 17, 2019 Page 5