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2005-07-20 Special Meeting o tIt9/t}!?- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION SPECIAL MEETING JULY 20, 2005 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on July 20, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend - Chair David King Reed Oswalt Gary Carver Dennis McMurry Brent Watkins Excused Others Present Casey Janz Mary Ogle, Director Community Development Dept. Duane Dvorak, Planner Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER McMURRY, and CARRIED 6-0. IV. MINUTES OF PREVIOUS MEETINGS COMMISSIONER KING MOVED TO APPROVE the minutes of May 18t\ June 15th, and Special meeting of June 15th, and Special meeting on June 29, 2005. COMMISSIONER OSWALT SECONDED the motion, and CARRIED 6-0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS VI. PUBLIC HEARINGS A. Case 05-010. A request for a Conditional Use Permit, per KIBC 17.13.040 (D), to permit seasonal recreation camp with provisions for up to thirty-five (35) clients and staff, in accordance with KIBC 17.67, on a five acre parcel located within Township 26 South, Range 19 West, Section 28, located within Spruce Island; An un-subdivided portion of land located within Township 26 South, Range 19 West, Section 28 and zoned for C-Conservation. Staff reported (10) public hearing notices were distributed for this case on June 22, 2005 with none returned. The subject location is a site previously used as the Spirit Camp that the Kodiak Area Native Association does cooperatively with the village youth. They had platforms there and did some extensive soil investigation P & Z Meeting Minutes: July 20, 2005 Page 1 of12 l by a registered engineer to show the site could handle the particular use, and that was for 2001-2003, a three year camping program. This is a similar type of use, although this is a family recovery camp that will be run seasonally twenty-eight (28) days in June and August over the next four (4) years. They have indicated a maximum of thirty-five (35) personnel on site. They have submitted a waste management plan, and intend to use the same site plan layout , the onsite privvy system that the previous camp utilized. They have brought forward all of the packet materials from the previous Spirit Camp submittal, which is an attachment to their narrative. Staff believed this request meets all the conditions necessary for a Conditional Use Permit subject to four (4) recommended conditions of approval, Conditions 1, two, and three primarily relate to the submittal of the Kodiak Area Native Association's staff. Condition # four is more substantial; staff recommends they get ADEC approval. In June DEC published new guidelines and permit process for camps of this type, and they fall into the large camp category. We have included an application form in your packet for review of the kinds of criteria ADEC would be looking at. Staff recommends approval subject of the four (4) conditions, and will answer any questions you may have. COMMISSIONER OSWALT MOTIONED TO GRANT a Conditional Use Permit in accordance with KIBC 17.13.040.D (Conditional Uses) of the Borough Code, to permit a seasonal recreation camp with provisions for up to thirty-five (35) clients, visitors and staff, on a five (5) acre parcel located on Spruce Island, subject to the conditions of approval contained in the staff report dated July 12, 2005 and to adopt the findings contained in that staff report as "Findings of Fact" for this case. COMMISSIONER McMURRY SECONDED the motion. Special session closed: Public hearing open: Public hearing closed: Special session open: CONDITION OF APPROVAL 1. This conditional use permit is issued for a maximum of thirty-five (35) clients, visitors and staff 2. The "Family Recover Camp will be operated seasonally from June 1, to June 28, and August 1 through August 28,2005 -2008. 3. The petitioner will ensure that sanitary and waste management practices will be adhered to as indicated in the engineering assessment and narrative program description submitted for this case. 4. The petitioner will apply for approval by the Alaska Department of Environmental Conservation (ADEC) in accordance with the Large Camp Practices application form dated June 7, 2005 (attached) and will provide P & Z Meeting Minutes: July 20, 2005 Page 2 of 12 written approval for seasonal camp operations prior to the issuance of zoning compliance by the Kodiak Island Borough. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The operation of the camp is seasonal and temporary. Minimal impact is ensured, not only by the short-term nature of the operation, but also by the nature of the principal activity to engage in individual and group therapy activities. In this way the value, spirit, character and integrity of the surrounding area should be preserved. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. This proposed conditional use is consistent with both the intent of KIBC 17.67.010 requiring compatibility of the activity with the surrounding area, and also KIBC 17.13.0 I 0 addressing the description and intent of the C- Conservation zoning district, which provides for limited commercial land uses. It is also consistent with the special district regulations of the C- Conservation zoning district in Kille 17.13.090 since impact on the natural environment is minimal and natural features will be preserved intact. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The granting of this conditional use permit will not be harmful to the public health, safety, convenience and comfort since there are essentially, no immediate neighbors or adjacent land uses. Measures have been taken to protect the health and safety of participants with the requirement that a potable water source and solid waste disposal system compliant with ADEC regulations is provided. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Minimum lot area and setback requirements are satisfied. Natural buffering is provided by trees and topography. The Family Recovery Camp is seasonal and temporary, as well as remote, and the potential for conflicts with surrounding neighbors or adjacent land uses is minimal. P & Z Meeting Minutes: July 20, 2005 Page 3 of 12 The question was called, and CARRIED 6-0. B) Case 05-009. Request for a Variance, in accordance with KIBC 17.66, to permit the creation oflots by subdivision with less than five (5) acres oflot area that is not subject to tidal action below the mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.050.B.l, and KIBC 17.13.050.A., located at Kalsin Bay Estates, Lot 3, and zoned for C -Conservation. Staff indicated there were eleven (11) public hearing notices were distributed on June 22,2005 with no written response returned. We have one (1) agency response from the Army Corp of Engineers and several correspondences from the petitioner and the petitioner's representative. In addition, there are a couple of photographs that were taken at approximately 3:00 pm of the property to give a visual assessment of the property as it sits. They were taken from the Kalsin Hill road, looking out from the guardrail. This request is related to a preliminary plat submittal to create seven lots from a large remainder tract from a previous subdivision. The Title 16 date of requirements indicates that for the purposes of zoning area calculations that we cannot consider lands lying below the mean high water line. For that reason we returned the plats to the petitioner at that time and advised them of the code requirement. They have since brought forward this Variance request to have the commission to review and evaluate the proposed subdivision in the context of the lot area issue. In terms of condition # one (1) staff did find the properties to be affected of the tide influence, but staff couldn't find all six (6) standards to be met. There were some concerns about the safety of developments that could be developed on the property, particularly at the front near the shoreline at Kalsin Bay. There maybe some concerns about the availability of getting water and sewer on the properties, although that hasn't been investigated, that would be part of the subdivision review process. There was concern that there might require follow on Variances for set back purposes to get structures on the highest portions of the properties near the front property line. The opinion of staff is that there are other conforming alternatives other than a Variance that could be investigated, and for that reason staff recommended denial of that request. Staff would be happy to answer any questions on the analysis. COMMISSIONER FRIEND inquired about the options that might be done other than the Variance. DUANE DVORAK replied that the wetland or tideland issue affects four (4) out of the seven (7) lots being proposed. Two (2) out of the seven (7) lots have ten (10) acres each, and it seems that if the lots were redesigned in such a way that three (3) or four (4) of the lots weren't carrying seventy-five (75) or eighty (80) percent of the wetlands, that if the wetlands could be divided up in such a way that each lot had five (5) acres of upland associated with them a different design may be conforming without the need for a Variance. I would grant that it may mean losing a lot or two from the design as proposed, but density is a subjective and discretionary thing that the sub-divider has control over, and the code guarantees people a reasonable use of their land. It doesn't always guarantee the highest and best use of the land or the most return on their land, but in my opinion, it would P & Z Meeting Minutes: July 20, 2005 Page 4 of 12 create a better subdivision to provide a better tideland to upland ratio. Without getting into specifics, I think that is what staff's position is about. COMMISSIONER CARVER inquired to what the tide was when the photographs were taken. DUANE DVORAK stated we didn't have a watch with us and we were held up by the traffic construction. We were trying to catch the afternoon tide, which was suppose to be a 6.2 at approximately 3:00 p.m. COMMISSIONER CARVER asked if there were any kind of easement access to the lots 3F, E, D, and C that's associated with this. DUANE DVORAK stated that the highway use to go along the head of Kalsin Bay before the 64' earthquake and tsunami. When they subdivided the previous phase there was some residual right of way which comes out and accesses the tidelands that still remains. The petitioners are proposing access along the tidelands along the front of the property, which is public and maybe highway, although this isn't a subdivision review. When we do get to the subdivision review we will circulate this to DOT and hopefully they can fill us in on the status of this access, whether they believe this feasible or not. It's not developed as a roadway and I don't know if it meets any kind of access standard. This Variance is not about reviewing that or the feasibility of that, so we didn't get into it. COMMISSIONER KING MOVED TO GRANT a variance; in accordance with KIBC 17.66, to permit the creation of four (4) lots by subdivision with less than five (5) acres of lot area that is not subject to tidal action below the mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.050.B.1, and KIBC 17.13 .050.A. COMMISSIONER McMURRY SECONDED the motion. Special session closed: Public hearing opened: Grant Shields, the broker for Alaska One Realty, is representing Kathy Dillard and Wayne Sargent. I think the most of the concerns or speculation in development is in regards to the wetlands, an actual usable area in the four (4) five (5) acre parcels that are ocean front. My purpose is to pass some information on of the intent of the owners at Alaska One Realty if the Variance is granted. First, the property was comprehensively surveyed by Stan Austerman with Horizon Survey into five (5) and ten (10) acre parcels. The parcels we will talk about tonight are the ocean front five (5) acre parcels. The owners would be marketing some of the parcels of the subdivision, but not all of them again the four (4) five (5) acre parcels. Myself, as the agent for the owners, would include in the marketing packets pertinent information on the wetlands and the correspondence from the Army Corp of Engineers, which I believe Duane has that correspondence. It is our feeling that the area ofland that would be utilized for the actual structures, assuming somebody will want to put up structures up on the property if they purchased it, would cause little impact, if any, to the wetlands in the surrounding P & Z Meeting Minutes: July 20, 2005 Page 5 of 12 area. As a licensed real estate agent, I would handle the marketing of the proposal part of the proposed parcels that would be offered to the public responsibly with a comprehensive packet detailing the wetlands and correspondence from the Corp of Engineers in regarding to permit requirements in that type of thing if one should needed. As a real estate professional, it is notes there is a very high consumer demand for coastal land with little, if any to offer. That again is the reasoning for the five (5) acre ocean front parcels. I don't feel that subdividing into five (5) acre parcels would bring in more dollars, just offer more opportunity for interested purchasers in the affordability scenario. The subject parcels would be perk tested and investigated to see if they would meet well and septic criteria. But before spending more dollars on tests and footwork, the owners feel it would be imperative to have Variance approval as obviously they don't want to spend more money for a maybe. Bottom line is that the property will be subdivided responsibly with any potential buyer knowing what is allowable on the property. In this way, we would expect that the property would appreciate in value and also bring in additional tax revenues to Kodiak. Public hearing closed: Regular session opened: COMMISSIONER CARVER inquired where the building sites are on lots 3F, 3E, 3D, and 3C? COMMISSIONER FRIEND asked DUANE DVORAK when they come in with a subdivision request first. DUANE DVORAK stated that they did come in with a subdivision request first, staff rejected it because of the wetland issue. We didn't feel the plat was conforming to the subdivision standards on its face because of the wetlands and that was in a pre-review status. We returned it to the petitioners immediately when we discerned there was a problem. Realistically, we advised them to one of the alternatives to try to resolve this was to request a Variance. They are following staffs recommendation. In addition, while this is the preliminary plat, but I think they may have added some additional information.regarding the potential building sites if you look at the frontage along Kalsin Bay you'll see some lot areas indicated there between the dash line and the front property line. Starting with 3C, I believe it's 44,000 sq. ft., 43,000 sq. ft. on 3D, 50,000 sq. ft on 3E, and 66,000 sq. ft on the front and you'll also notice there's also 60 something thousand sq. ft in the back. 3F is a little different because it has frontage both on the beach, as well as this private drive that is proposed that will loop around the back. But when staff was looking at this, on the first page you'll see that staff estimated the overall acreages of each lot, and then estimated how much wasn't subject to tidal action. These figures came off this map, and we utilized this additional information to come up with these estimates. COMMISSIONER CARVER asked if these building sites are all on this berm that faces the ocean? P & Z Meeting Minutes: July 20, 2005 Page 6 of 12 DUANE DVORAK stated that this is the assumption. COMMISSIONER CARVER asked if DUANE DVORAK knew how much that burm has retreated since 1964? DUANE DVORAK stated that staff does not know that. COMMISSIONER CARVER stated that the highway easement, the landward margin is shown there and the old highway would be out somewhere on the beach-face right now. Does that bar ever get washed over with waves during large storms and storm surges? DUANE DVORAK stated that staff doesn't have that information, but I think there is a concern, in the Coastal Management Plan it indicates any property within 30 ft.of mean high water may be at risk of Tsunami, if not storm search. The highest contour, which roughly approximates the front property line along the Kalsin Bay side is 15 ft. as indicated on the plat. COMMISSIONER CARVER stated that he thinks there is cause to want to understand two issues: One is the coastal erosion rate at that site because the useful property is part of those lots that's directly subject to erosion. Second, is whether those are sites that are above storm wave effects. It makes no sense to create a lot, which is in a natural hazard zone and eroding so that the only buildable part of it is the part that is going to be eroded. COMMISSIONER McMURRY stated we aren't really approving building lots, all we are doing is approving the creation of the lots. If they are going to build on them then they have to come back, right. COMMISSIONER FRIEND asked how these lots compare to the Pasagshak lots and property? DUANE DVORAK stated that he doesn't think there is a direct comparison here in terms of zoning because those lots were zoned RR-l and so the lot sizes are quite a bit different. That particular subdivision, the plat notes that talk about the lot lines change as the river and shoreline changes. That was a more recent subdivision. Subdivisions that were pre earthquake and tidal wave the boundaries generally were fixed and don't move along with the movement of the beaches and shoreline. There maybe some differences both in the subdivision aspects and the zoning aspects. I encourage the commission of not necessarily getting into subdivision issues The Variance is really about whether or not if they can count the tidally influences areas in the inside of the subdivision as part of the lot area. Your really not creating lots here tonight, you are dealing with just this Variance. Whether or not they can count these tidal areas as part of the five (5) acre lot area. Otherwise, the way the code currently reads, they will only get credit for the square footages that are noted on the frontage of these lots, which is approximately acre, an acre and a half for the three lots. The fourth lot has a little more area in the back. P & Z Meeting Minutes: July 20, 2005 Page 7 of 12 COMMISSIONER FRIEND inquired if we approve this they will still have to come back before us for the subdivision, which we can then regulate the buildable areas and look at that at that time. DUANE DVORAK stated I think with the subdivision process this will get sent out again to the review agencies and presumably we would have more feedback regarding the history of the DOT right of way and that type of thing. We would have these agencies giving us more thorough review and we would be looking at all these other aspects, whereas in this case while I think staff indicated that Title 16 and Title 17 have to work hand in hand because Title 16 is what kicked this back as a Variance, but at the same time the Variance standards and the request that is before you is very narrowly construed as to what you are deciding here this evening and doesn't get into some areas that were being discussed. I think there were some issues that staff brought up that mayor may not bring problems down the road, but I wouldn't go into that too deeply. It's not a subdivision review. COMMISSIONER W ATKINS stated he wished the percentages were tilted the other way as far as the wetlands and uplands go. COMMISSIONER McMURRY stated that I wouldn't approve it the way it is. COMMISSIONER CARVER stated that I don't see any reason to get them into something that's going to be harder later on. They might create those lots, but they might have a lot of trouble building on them later on. COMMISSIONER FRIEND stated that we are not creating lots. We still have that to come back in the subdivision that we can set a buildable area. MARY OGLE stated that if you approve this Variance you are setting the stage for them to come up with a subdivision with the understanding that subdivision approval is less discretionary than a Variance. COMMISSIONER FRIEND said it allows us to use more at a later day. If we want to use part of that we aren't limited to the five (5) acre buildable area. If these guys come in with a large enough area that is buildable we wouldn't be able to let them do it without this Variance. COMMISSIONER CARVER stated another five acres doesn't bother me, but the way they are presently construed. COMMISSIONER FRIEND stated he doesn't mind them using part of the tidal land but I don't see this layout working. MARY OGLE asked DUANE DVORAK because it is a Variance procedure could the commission grant part of a Variance, set criteria on the Variance saying it's not a Variance from not counting any of the five (5) acres towards minimum lot size, could they make the Variance approval contingent upon each lot would have to have at least two, two and a half acres. A partial Variance. DUANE DVORAK stated it is a possibility that you can grant them less than what they have requested. What they have requested is what is shown on this map. Basically, the square footages along the frontage there for the three lots, then the P & Z Meeting Minutes: July 20, 2005 Page 8 of 12 front and back for lot 3F. That is the request as staff understands it and that is what we diagramed or spelled out on the front page of the staff report as far as the net usable area. If you were to set a net usable area more than what they've indicated here it would mean they would have to go back to the drawing boards to redesign the subdivision but it would give them partial relief from what they have requested. In addition, if you put on conditions that would specify building locations had to be a certain distance away from the shoreline if there's an erosion concern, you might also include some guidance like that. But that gets into the subdivision realm and this is going to come back as a subdivision, and I think it could be addressed more appropriately in the subdivision process. MARY OGLE stated that she just wanted to give them some of the legal options for your comfort level, a level of predictability for the next stage if they come back. COMMISSIONER FRIEND asked if they would have to re-adopt findings if they granted this request. MARY OGLE stated yes they would. The question was called on the main motion, and CARRIED 6-0. COMMISSIONER McMURRY MOVED TO DEFER adopting the findings of fact until the next regular meeting. COMMISSIONER WATKINS SECONDED the motion. COMMISSIONER CARVER said he would like to see some information about the history of retreat of that coastline before we follow through with the decision about findings of fact. Can staff research that and tell us what that coastline has done since 1969? DUANE DVORAK stated they can try. The question was called and CARRIED 6-0. VII. OLD BUSINESS A) Case S02-009. Extension Request - A request to extend the preliminary approval for Case S02-009 until December 23,2005. Staff indicated that the plat involved here was intended to correct some violations of zoning. The plat itself is in the final form has been granted final approval, but there were some building improvements that were also included that preliminary approval and some compliance deadlines set for those buildings to be brought into conformity and certificates of occupancy issued. The petitioner has suffered from an illness according to their submittal, and they have requested an extension of the compliance deadline that was spelled out in the conditions of the preliminary approval, so they are really requesting an extension of the compliance deadline. Staff has recommended the commission grant the extension until November 18, 2005 and has provided a motion and a condition of approval. P & Z Meeting Minutes: July 20, 2005 Page 9 of 12 COMMISSIONER CARVER MOTIONED TO APPROVE an amendment of preliminary plat approval for Case S02-009, to extend the compliance date set forth in Conditions of Approval #2 until November 18, 2005. The motion was SECONDED by COMMISSIONER McMURRY, and CARRIED by unanimous voice vote. CONDITION OF APPROVAL (as amended) 2. Within twenty-nine (35) months (by November 18,2005), applicable inspection reports and/or certificate of occupancy required by the Building Department must be issued for conversion of the barn on proposed Lot 3 to a single-family residence, or it must be otherwise brought into compliance with Title 17 Zoning. Absent this, zoning enforcement action will be initiated. B) Mobile Home Park Proposed Code Revisions. DUANE DVORAK stated that they have a memorandum before you, a cover memo for this case that was referred to the Commission by the Borough Assembly based upon recent appeals of the mobile home park code and permitting decisions made by staff based upon the code as it is and the commission looked at this with the idea of reducing or elimination non conformities in the mobile home park code and making the code a little more development friendly and yet encouraging standards for building safety and convenience of the residents to be upheld. This revised code developed by the Planning & Zoning Commission over a year or more of work sessions and meetings, capped off more recently by public review draft circulated in April-May's time frame, then re-advertised due to discrepancies on how it was sent out. One of the mobile home park owners was omitted from the mailing list inadvertently. Comments were received, most recently the commission had a work session and went through all the comments received. They did a fine tuning of this draft. Staff believes that, based on the efforts put forth by the commission the input from the public, and the input of staff that this particular code draft is ready to go before the Borough Assembly for their consideration and additional public hearing and staff recommends you forward it with a recommendation of approval at this time. COMMISSIONER OSWALT MOVED TO RECOMMEND APPROVAL of the code amendment to Chapter 17.26 to the Borough Assembly, in accordance with KIBC 17.72, as indicated in this report. COMMISSIONER KING SECONDED the motion, and CARRIED 6-0. C) Case 05-011. Condition Use Permit - A request of approval of site and parking plan. DUANE DVORAK stated this case relates to a Conditional Use Permit Case 05- 011 that the commission recently approved subject to four (4) conditions of approval. Condition #4 required the site plan to be brought back for review. Apparently, the original CUP didn't have a detailed site plan associated with it, P & Z Meeting Minutes: July 20,2005 Page 10 of12 and asked that this come back. Staff has included some vicinity maps and a couple of different views of the site plan. One is the site plan and one is the floor plan. This is a two phase development; you are looking at phase one right now. Phase two will be developed at another time. They have presented the entire site plan- floor plan for your review and consideration at this time. Staff has recommended approval of this site plan. COMMISIONER KING MOVED TO ACCEPT AND APPROVE this site plan as submitted by the applicant, in accordance with Stipulation # four (4) of the decision rendered in CUP Case 05-011. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 6-0. VIII. NEW BUSINESS There is no new business. IX. COMMUNICATIONS COMMISSIONER McMURRY MOVED TO ACKNOWLEGE RECEIPT of items A, B, C, D, E, and F of Communications. COMMISSIONER KING SECONDED the motion, and CARRIED 6-0. X. REPORTS Staff reported the following meeting schedule: . August 10,2005 work session at 7:30 p.m. in the KIB Conference room. . August 17,2005 regular meeting at 7:30 p.m. in the Assembly Chambers. . August 28,2005 joint Assembly/P&Z work session at 7:30. COMMISSIONER FRIEND stated that August 28, 2005 should read July 28,2005. MARY OGLE stated that she just wanted to clarify it is July 281\ and the purpose of the meeting is to discuss Borough's lands management, as well as she will be giving a brief introduction to the upcoming comprehensive planning process where the new Borough Comprehensive Plan will be an initial discussion of issues and brainstorming to set the overall parameters of the new comprehensive plan. COMMISSIONER McMURRY MOVED TO ACCEPT receipt of reports as submitted. COMMISSIONER KING SECONDED the motion, and it CARRIED 6-0. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONER COMMENTS COMMISSIONER McMURRY congratulated DUANE DVORAK for lasting 10 years at the Borough. MARY OGLE stated that we have incorporated new mapping into the staff reports for submitting with all reports, now location maps as well as zoning maps to try to clarify the location and standards of property in your staff reports. Also, try to think of any changes P & Z Meeting Minutes: July 20, 2005 Page 11 of 12 you would like to see and do, the format of staff report or operations of the meetings so we can discuss them at the next packet review. XIII. ADJOURNMENT CHAIR FRIEND ADJOURNED the meeting at 8:20 p.m. ATTEST By: By: QAle;Qo.c91J~ Sheila Smith, Secretary Community Development Department DATE APPROVED: August 17, 2005 P & Z Meeting Minutes: July 20, 2005 Page 12 of 12