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2006-07-19 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS REGULAR MEETING JULY 19,200 MINUTES DIE~IUWlE~ OCT - 3 2006 lW BOROUGH CLERK'S OFFICE 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 19,2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Jerrol Friend - Chair David King Gary Carver Brent Watkins Dennis McMurry Casey J anz Gary Juenger x X X X X X X A quorum was established. APPROVAL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER.W ATKINS, and it CARRIED 4-0. APPROVAL OF MINUTES COMMISSIONER CARVER MOVED TO APPROVE the minutes as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4-0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Omar Stratman stated the requirements of the subdivision Tract A requires the owners of Lots 1, 2, and 3 to possibly donate land to the borough for a future easement. He doesn't agree with this and would like this requirement taken off. DVORAK said he could pay the fee to bring it back to the Planning & Zoning Commission as a public hearing. PUBLIC HEARINGS A. Case 06-017. Request for A Similar Use Determination, In accordance with KillC 17 ~21 e020K, to allow a small propane distribution facilit)' as a use sinlilar in character and impact to a gasoline service station located at Airpark Subdivision Block 4 Lot 3. The location is 1812 Mill Bay Road, Airpark Subdivision Block 4 Lot 3, and it is zoned B- Business. Staff reported (42) public hearing notices were distributed for this case. Staff stated this is a request is to allow a small scale propane distribution facility, the type that is commonly associated with a gasoline service station, which is a permitted use in the July 19,2006 P & Z Meeting Minutes Page 1 of 7 I J, Business zone. However, in this case they just want the propane distribution on a vacant lot. Provided the scale is maintained in what we perceive as the small scale distribution system and aU fire and safety code requirements. This case also has a screening review included because there is a small residentially developed property on one of the adjoining lets. Staff has recommended approval of this Similar Use Determination. Should that be approved, the site related things including parking, lighting, and circulation will be reviewed under zoning compliance should they get to that stage. This request is just about the use, whether or not it is permitted in the Business zone. Staff has recommended approval with a condition that would limit the use to what is being proposed here in the specifications. COMMISSIONER CARVER MOVED to find that a small scale propane distribution facility, subject to conditions of approval, is similar in character and impact to a gasoline service station that is a permitted principal use in the B-Business zoning district, and to adopt the finding of fact contained in the staff report dated July 7, 2006 as a "Finding of Fact" for this case. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: FINDING OF FACT: The small scale propane distribution system proposed is identical in specifications to the propane distribution facilities found on nearly all gasoline service stations as an accessory use. In order to ensure that the scale remains appropriate to the zone, the similar use determination will include a condition of approval that limits the propane facility to the site plan information submitted with this case such that any change to the layout or scale of the facility will require a new similar use determination as though it were a new use altogether. The use will be compatible with all surrounding uses provided that adequate screening is provided as approved by the Planning and Zoning Commission and provided that all applicable building, mechanical and fire safety codes are adhered to. Condition of Approval: 1. The proposed small scale distribution facility shall be developed substantially in accordance with the submitted site plan materials for this case such than any future change or expansion of the use shall require a new review before the Planning and Zoning Commission as though it were a new similar use proposal. The question was called, and it CARRIED 4-0. B) Case S06-018. Request preliminary approval, in accordance with KIBC 16.40, of the replat of Tract C-IA, Woodland Acres Subdivision, 7th Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1st Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10-foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Subdivision 1st Addition and Tract B, Trinity Islands Subdivision. The location is 3400, 3450, 3472, and 3484 E. Rezanof Dr. Tract, it is zoned B-Business. July 19,2006 P & Z Meeting Minutes Page 2 of 7 Staff indicated there were (96) public hearing notices were distributed, with (1) response in favor. This case was postponed from last month, and staff did recommended approval at that time. However, the subdivider had a concern regarding the plat note that was recommended by staff. The plat note was related to a code requirement limiting flag lots from being further subdivided. The petitioner has redesigned the subdivision widening the flag stem to a full 50 feet. Staff feels this to be adequate. Should the subdivider come forward in the future to re-subdivide Lot 4 or Lot 4 and 5, there is adequate right-of- way reserved or room in the flag stem to create a cul-de-sac or something similar. The only change was to the flag stem width. Staff recommends approval with one condition, and that is to produce a new revised parking plan for the lot that has an existing structure (formerly Mimi's) on it. COMMISSIONER WATKINS MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the replat of Tract C-IA, Woodland Acres Subdivision 7th Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision 1st Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park, subject to the conditions of approval contained in the staff report dated July 7, 2006, and to adopt the findings in that staff report as "Findings of Fact for this case. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. Provide a revised parking plan for lot proposed Lot 1 showing that the lot can provide the necessary area for parking and maneuvering to support the continued utilization of the existing use and structure. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 4-0. COMMISSIONER KING MOVED TO GRANT preliminary approval, in accordance with KIBC 16.60, of the vacation of a lO-foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Sub. 1st Addition and Tract B, Trinity Islands Sub, subject to the condition of approval contained in the staff report dated June 6, 2006, and to adopt the finding contained in the staff report as "Findings of Fact" for this case. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 4-0. July 19,2006 P & Z Meeting Minutes Page 3 of 7 CONDITIONS OF APPROVAL 1. The vacation portion of the preliminary plat shall be forwarded to the Kodiak Island Borough Assembly, which shall have final veto authority over the Commission's decision. FINDINGS OF FACT 1. The Commission finds that there is adequate easement and right-of-way available to serve area existing to serve the public's need for electrical services in this area. The question was called, and it CARRIED 4-0. C) Case 06-015. Request rezoning, in accordance with KillC 17.72.030 & 17.72.030.C, of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from R1-Single Family Residential to R2-Two Family Residential. The location is 3174 through 3274 and 3217 through 3273 Ptarmigan Pass Street; 3226 through 3274 Arctic Tern Street., and it is zoned R1-Single Family Residential. Staff reported (77) public hearing notices were distributed for this case. This case was postponed from last month. At the request of the commission, staff has produced a supplemental memorandum that deals with parking issues, parking conditions, right-of- way widths, and public safety access issues. Staff has not changed its recommendation, which is to recommend that you do not forward this on to the Assembly for further consideration. However, staff has no objections to a postponement as requested by the petitioners. The primary petitioner is not here tonight and did request a postponement so they could attend the next hearing. Staff has not changed its recommendation based on the additional analysis performed. There is information regarding the parking, a letter from the Bayside Fire Chief, an aerial photo with an overlay of lot lines, and other site plan information we could locate. In addition, there is a diagram of what a borough standard cul-de-sac would look like overlayed on the existing 40 foot wide Ptarmigan Pass Street. COMMISSIONER CARVER MOVED TO POSTPONE until the August Regular meeting COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4-0. D) Case 06-018. Womens Bay Comprehensive Plan Update. The location is Womens Bay. DVORAK stated this is the final draft of the Womens Bay Comprehensive Plan which has been several years in the process. It was completed by the former Director, Mary Ogle before she left. He did hear some comments at the packet review that indicated there may still be some placeholder information in there. He hasn't had a chance to go through and analyze the document to see if the changes were actually made as indicated in the response summary. We have distributed a copy the issue response summary to the commissioners. The issue response was developed after the last planning meeting that was held at Peterson Elementary. It addresses a lot of issues that were raised at that meeting to try to provide some context for those discussions. Recommendations were made and presumably added or deleted from the plan based on what was in that issue response as to how staff would finish up this plan. There is a lot of information to absorb, so we probably need some time for everyone to look at it. Staff recommends postponing this until the August regular meeting. July 19,2006 P & Z Meeting Minutes Page 4 of7 COMMISSIONER KING MOVED TO POSTPONE the forwarding request until September. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing opened: Tess Dietrich stated she was glad to see that most of the commissioners at the Womens Bay Comp Plan meeting in March at Peterson Elementary. The biggest question is, "Who is telling Mary Ogle what to do?" We still don't know the answer to that question, and we are quite dissatisfied with her answers. Why is the Womens Bay Comp Plan so complicated? Michelle Steams taught us what a comp plan is a framework, a blueprint. that will guide the future decisions and development. In Steams June 2005 "Summary Report: Public Comments and Next Steps", she listened to and included our input from our many meetings and letter written, but Ogle did not release this report to the public. Several of Steams recommendations have already been completed. Because many of our issues are complicated, Steams had recommended more plans, which I agree with because that's what planning is. At this stage we can't stay bogged down trying to make big decisions, we can only get the framework for the plan in place now, and by saying we need a plan for Salonie Creek and to finalize the Natural Use Area Plan, these are action statements. Ogle's version of the comp plan starts with development in the Natural Use Area, but once it's developed you can't go back to the planning stage. Ogle tried to pacify us by taking it off the map, but she didn't change the wording in this final draft. Ogle is not protecting the Natural Use Area from development, she didn't plan where residential should be considered and studied, she eliminated residential for consideration in the Salonie Creek area, she recommends the B Parcels for more open space with some residential. This area needs a small plan to figure out those details. We do want more residential lots to be made available and two to five acre parcels available for those who want a hobby farm lifestyle. Steams recommended finalizing the 1997 draft Natural Use Area Plan and add the GPS trails data, etc. Ogle doesn't recommend finishing this plan and she addresses the area on pages 22-28 and 36-37 on her Issue Response Summary. Steams recommended a long range master plan for Salonie Creek area. Ogle wrote that it may be appropriate for the Parks & Rec Committee to do a master plan (page 30). We do not agree with that, we believe all interested groups should work on the plan. At this time we can't commit to a lot of specifics in the Comp Plan because we need to get the solid framework in place due to needing information from the Gravel Task Force and the Parks & Rec Committee, especially the Gateway Committee, National Park Service, Rivers, Trails and Conservation Assistance Program. This July, 2006 version is not ready to be called the "Final Draft." Marie Rice stated she is a member of the Womens Bay Community Council. She thanked staff for all the work that has gone into this, and we are grateful for the 48 page response that came from staff. She said their concerns after hours and hours of coming through the plan that staff actually listened to what we were saying, but then we were very disappointed when we got the final draft and seen nothing was incorporated because our wants aren't there. We were told by Ogle the development into the Natural Use Area was taken out but it is still in there. Many things are still not in there that many, many people in our community consistently requested. There are strong feelings out there, and this plan is definitely a step backwards. We would like to request more time, would like to July 19,2006 P & Z Meeting Minutes Page 5 of 7 work with staff so we can give cooperative effort in getting it ready for adoption. She asked if the Steering Committee was obsolete. Dvorak stated the Steering Committee was one of the recommendations Michelle Steams had made. When the new director, Mary Ogle, came on board she didn't adopt that strategy, but did a lot of the editorializing herself. He stated we still have the applications on file. Applications are done through the clerk's office. Rice asked if when we do this specific work session can we, the Womens Bay residents and community council, all sit at the same table and work on this together so we all can be on the same page COMMISSIONER FRIEND stated absolutely, that is the intent. It will be very open and informal. Marie Rice stated there has been a lot of work put into this and I think we can make it move along quickly so that we all have ownership of the same thing instead of it being a combative kind of thing. Public hearing closed: Regular session opened COMMISSIONER CARVER concurs with what has been said in regard s to tidying this up, and it's not going to happen quickly. He would like to have a full session for this to go through line by line and section by section to see where it can be polished and clean up the omissions and errors. Can staff systematically go through issues and response document to see if it is compatible and jives with the draft, and see if there is anything that needs attention. He has read all of the plan, not in great detail, and feels that it is a long way from where they have started and we have a pretty good road to follow, and it shouldn't be allowed to drag too much longer. The question was called, and it CARRIED 4-0. OLD BUSINESS NEW BUSINESS COMMUNICA TIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER W ATKINS SECONDED the motion, and it CARRIED 4-0. REPORTS DVORAK reported staff had met with COMMISSIONER W ATKINS about the Transient Accommodations Ordinance. It didn't appear to look correct to staff, so COMMISSIONER WATKINS and himself went through it and it did seem to be incomplete from what the Commission approved to go forward. Staff looked at the materials left on Ogle's computer. What I have copied tonight is a copy of what was supposedly the last thing the Commission passed out, which has the matrix on it. The other document is supposed to be the document after it was reviewed by the Borough attorney. It is my understanding that it was Ogle who put it into codified ordinance form and this is the information that was sent to the clerk's office, but it doesn't contain all the permitted and conditional uses that were contained in the matrix. In addition, there was some parking information added to it, and he doesn't know if that was on the recommendation of the attorney or whether that was recommended by the commission and only July 19,2006 P & Z Meeting Minutes Page 6 of 7 added later. He needs to have the commission verify that the information in the first document with the matrix is what the commission passed out a couple of months ago so staff can go back and re-draft the ordinance to get it ready for re-submittal to the Assembly. He needs validation that this is what the Commission intended with this first document so we can craft a new ordinance. But, if it doesn't look right and you think another meeting is in order, then we will have another meeting. The main thing is what comes out of the Commission is what you intend and want to come out of the Commission and it is right when it goes to the Assembly. All comments received will be emailed to all the commissioners. Meeting schedule: · August 9, 2006 work session at 7:30 p.m. in the KID Conference Room · August 16,2006 regular meeting at 7:30 p.m. in the Assembly Chambers COMMISSIONER CARVER MOVED TO ACCEPT reports as submitted. The motion was SECONDED by COMMISSIONER W ATKINS, and it CARRIED 4-0. AUDIENCE COMMENTS There were no comments. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:20 p.m. By: ATIEST v By: ,0tIf>lOn ~ ~ Sheila Smith, Secretary Community Development Department DATE APPROVED: August 16,2006 July 19,2006 P & Z Meeting Minutes Page 7 of7