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2007-06-20 Regular Minutes KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS REGULAR MEETING JUNE , 200 MINUTES\-.~~-- Bnr>f"\"n'1 C' r' r'ol'S or-l~" 'i i q I 11 ! i "' r ,I r" ,-~' ;"1 i ~~ II~ I 't >,J ." I ,., __, ___J,' ,>,~,t_1 \" \ \.., -! V.... CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. by CHAIR KING on June 20, 2007 in the Borough Assembly Chambers. ROLL CALL x Absent Others Present Duane Dvorak, Acting Director Community Development Dept. Nova Javier, Clerk Clerk's Office Commissioners Present Excused David King Gary Carver Brent Watkins Bill Kersch Casey Janz Gary Juenger Vacant x x X X X A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS CARVER AND JANZ. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED by unanimous voice vote.. APPROVAL OF MINUTES COMMISSIONER JUENGER MOVED TO APPROVE the minutes as submitted. COMMISSIONER KERSCH SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. COMMISSIONER JANZ joined the meeting at 7:38 p.m. PUBLIC HEARINGS A. Case 07-023. Request a Variance, according to KillC 17.66, in order to allow 203 off-street parking spaces to serve the hospital and long term care facility where 218 off-street parking spaces are required by KillC 17.57, a variance of 15 off-street parking spaces. Dvorak reported (9) public hearing notices were distributed for this case, with no responses. He circulated the full-size parking plan, and stated the project is evolving somewhat. The original request was cut in half due to additional proposed parking. Staff recommended approval with one condition that was re-worded from last month to be more advisory or recommendation for investigation alternative methods of parking requirements, ways of reducing off-street parking, improvements for bicycles, bike racks, pedestrian improvements, and incentives for carpooling. COMMISSIONER WATKINS MOVED TO GRANT a Variance,; in accordance with KillC 17.66, in order to allow 201 off-street parking spaces to serve the hospital, long-term care facility and proposed June 20, 2007 P & Z Commission Meeting Minutes Page 1 of8 community health center where 214 off-street parking spaces are required by KIDC 17.57, a variance of 13 off-street parking spaces, subject to a condition of approval, and to adopt the Findings of Fact in the Staff Report dated June 13, 2007 as Findings of Fact for Case No. 07-023. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: COMMISSIONER JUENGER stated he appreciates all the work and effort put into this. CONDITION OF APPROVAL 1. It is recommended that the petitioner develop a parking management plan that identifies the actual number of average daily trips (ADT) to and from the hospital complex. Based on this data, the petitioner may develop a strategy of alternate improvements to the supplement the parking plan which will help to satisfy any unmet need for the additional 13 off-street parking spaces that were not required to be developed as a result of this variance. The plan may consider such options as pedestrian improvements, bicycle racks, transit stops, taxi stands, carpooling incentives or any other improvements that might encourage a reduction in average daily vehicle trips to the hospital complex by employees or the public. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The property is topographically constrained as evidenced by the considerable terracing that has been done to provide developable area for the current hospital and care center. (See attached digital images for examples of this observation) The terracing is most notable along the north side of the property (below the city cemetery) and along the side lot line adjoining Rezanof Drive East. Both of these areas are supported with extensive retaining wall structures. The intended use of the development is unique to this site. The proposal to construct a Community Health Center (CHC) that adjoins the hospital is proposed because that will allow the CHC to leverage facility and organizational resources that have already been developed by the community. No other conforming site can offer this kind of synergy or economy-of-scale to benefit the Kodiak community. 17.66.050 A.2. Strict application of the zonmg ordinances would result in practical difficulties or unnecessary hardships. Disturbance of the retaining wall structures and additional excavation would be prohibitively expensive to the community. This fact makes development of additional parking on the upper side of the hospital building infeasible. Development on the downhill side of the complex, as proposed, appears to be the only practical option which further reduces the availability of additional parking. Although it did not provide the most desirable traffic circulation and maneuvering pattern, the petitioner did have a conforming alternative which provided the required number of parking spaces. Albeit this was accomplished with a one-way circulation pattern for a portion of the site along the uphill side retaining which would have allowed for angle parking instead of parallel parking. If the variance is granted it should be predicated upon a parking management plan which would require data on actual site use characteristics associated with the hospital, long-term care center and proposed CHC uses. Based on this data, certain improvements may be suggested which would provide an off-set for vehicle trips such as additional pedestrian and bicycle improvements, transit improvements or designated taxi stand locations. June 20, 2007 P & Z Commission Meeting Minutes Page 2 of8 I l . j 17.66.050 A.3. The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Because Kodiak is an isolated community with only one hospital, it is hard to compare this project with other similarly situated private sector properties within a given zoning district. Any hardship or practical difficulty presented by this particular project which cannot be resolved through this or other zoning based processes will have an impact on all borough residents. As indicated in Standard #2 above, a parking management plan specifically referencing ways to minimize vehicle trips to the hospital complex should be considered to ensure that off-site overflow parking situations do not occur which would require the use of on-street curb space along Rezanof Drive or in the adjoining residential areas. In addition, the granting of the variance should not result in long-term inconvenience to the public as a result of the addition of the CHC to the hospital complex. 17.66.050 A.4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. The Kodiak Island Borough hospital complex, currently operated as the Providence Kodiak Island Medical Center, is "the" designated regional hospital for the entire borough. This location has been determined and confirmed during the review process that preceded the last major expansion of the hospital facility. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being; sought by the variance. The Planning and Zoning Commission will consider this request for variance and make a decision whether to grant relief prior to the initiation of any development activities. This is not an "after-the-fact" variance request. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Hospitals are a permitted use in the PL-Public Use Land zoning district, subject to a site plan review before the KID Planning and Zoning Commission. The question was called, and it CARRIED 5-0. B. Case 07-028. Request a rezone, according to KillC 17.72, from C-Conservation to RR2-Rural Residential Two. Staff indicated there were (5) public hearing notices distributed with 1 response objecting to the request. Dvorak reviewed this request and found it suitable for R2 zoning district; it allows 2 acre minimum size. The petitioner has taken an approach for higher density to complete the subdivision. The property fronts the State road. Staff feels this to be an appropriate action, and staff recommends approval and forward it to the Assembly. COMMISSIONER JANZ requested clarification on the "unfilled prospect" in the Findings of Fact. Dvorak stated an infill in this case, is this property lies between Port Lions and Port Wakefield. There is the stretch of the State road that until recently people started subdividing along there. He received a call from the Port Lions mayor and the water and sewer will be re-routed to the State road right-of-way within 3 years that will further facilitate development in this area. COMMISSIONER JANZ asked if this keeping with the 1997 Port Lions Comp Plan. Dvorak stated the Port Lions Plan didn't really have a designation. It was just called Conservation along the road. Staff didn't see the need to hold to the 5 acre minimum in this area. June 20, 2007 P & Z Commission Meeting Minutes Page 3 of8 COMMISSIONER JANZ asked if the map in the Comp Plan and the comments submitted by the residents of Port Lions and Port Wakefield is it conducive to making the housing go around the residential. Dvorak stated he believes the new plan map doesn't have any changes from the 1997 map. Staff considers the 2 acre minimum sets the minimum standard. COMMISSIONER JANZ MOVED TO RECOMMEND the Kodiak Island Assembly approve the rezoning of the West Y2 of United States Survey 1736, from C-Conservation to RR2-Rural Residential Two, and to adopt the "Findings of Fact" in the staff report dated June 5, 2007 in support of this recommendation. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Brannon Ames read a letter in favor of this request, and encouraged the commission to pass it on to the Borough Assembly. Cliff Baker of Integrity Surveys addressed the two acre lot size minimum saying the petitioners wanted to develop around the terrain, and that would lend itself to having larger parcels. Public hearing closed: Regular session opened: FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area represents an "in-fill" prospect capable of providing adequately sized development opportunities supporting the community of Port Lions' economic growth. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The RR2-Rural Residential Two Zone is consistent with the objectives of 1997 Port Lions Comprehensive Development Plan. The preference for development is in favor of rural residential use, and residential development consistent with the RR2-Rural Residential Two classification would not unduly burden existing public infrastructure. The question was called, and it CARRIED 5-0. C. Case 07-026. Review of the revised and updated Kodiak Island Borough Regional Comprehensive Plan. Dvorak stated the Comprehensive Plan project has been in the development process for 1 Y2 years now. This is the first public hearing. There's been new plan information posted on the website created for this project and it's been available to the public. There was a problem with the advertising, but it did get advertised with only a couple of days notice so staff's recommendation is to consider this an introductory public hearing and carry this over. Matt Hastie presented a PowerPoint presentation overview of the process of the Draft Comprehensive Plan. Dvorak stated this is the biggest plan we have done in some time. Copies of the plan will be printed at request, we will provide on CD, and it is on the Comp Plan website. As comments come in we will try to get them out to the commissioners and to the consultants. June 20, 2007 P & Z Commission Meeting Minutes Page 4 of8 Regular session closed: Public hearing opened: Bill Burton stated he strongly urges the Borough to designate Narrow Cape including the Sacramento Valley up to Sequel Point with exception of the beach areas to non-A TV traffic. We have suffered big impacts financially due to his buffalo following the A TV trails to Chiniak. Blythe Brown thanked Hastie for incorporating the invasive plants comments into Chapter 10- Environmental Quality. She would also like the chapter introduction stronger and expanded to include our threats to our environment. Invasive species, both terrestrial and aquatic, can be just as devastating as or even more than an oil spill. Geneneiva (Dee Dee) Pearson spoke in support of Burton's proposal. Pearson would like to see the Sacramento Valley area preserved for backpacking and fishing without the use of ATV's. It's a wonderful place, and it should be left as god intended. Robert Hardy from Soil & Water stated it needs stronger language on the use of alternative energy including the actual investigation and the costs for each of the villages off the grid. The ones working on strictly petroleum and partially hydroelectric needs to looked at closer and make it a higher priority or we are not going to survive. The ones with high tidal activity could be provided with a very cost effective measure of electricity without using petroleum or chemicals. Public hearing closed: Regular session opened: Hastie explained a 17B Easement is a BLM established public easement that crosses public or private land. The map shows some sites that aren't so much easements but recreation sites associated with the easements. Dvorak stated these easements were created as part of Alaska Native Claims Settlement Act (ANCSA) when the land was conveyed from the Federal Government to the native corporations provisions were created for these access easements. COMMISSIONER WATKINS stated we need to spend more time on this. The two things foremost are the Near Island issues and the Natural Use area in Sacramento Valley. COMMISSIONER JANZ stated she read through the plan looking for anything in the Anton Larsen area. In Chapter 7, page 13 it gives a paragraph telling how the dock and boat ramp provides access to fishermen as well as boats carrying supplies. JANZ stated it was discussed that the bay would provide access for Port Lions residents to drive the road into Kodiak. She would like to consider adding this to the list of other docks and launch facilities in Chapter 7. JANZ asked about Mr. Burton's proposal on making the ATV free areas, and she feels this document doesn't have the tools to address these areas. Hastie recommends going through a more detailed trails planning process. COMMISSIONER KERSCH inquired about the State regulation, land use, and land owned by the State designates the uses. Hastie stated the State owned land the State identifies what the allowable uses are. He's not sure if the Borough has the authority to designate or prohibit certain uses on the lands. The Borough could lobby the State or narticinate in the nrocess with the State to do that. Mr_ Burton leases an area from the State and ------ -- c-------.l----- --- ---- .1------- --..-- ---- .'---- -- -.- -----.- - ---- -- ------ ------ -- .. --- . - he owns a smaller piece of property where his operations are centered, but where his animals graze is owned by the State. COMMISSIONER KERSCH asked about Chapter 9, page 6. He wants to know why there isn't a Planned or Proposed use for Near Island. Hastie said it could be an omission or it could be in that plan beyond what's been identified. He needs to go back to look at the source document. June 20, 2007 P & Z Commission Meeting Minutes Page 5 of8 COMMISSIONER KERSCH is concerned about the economic development issues in light of the population and business reduction that is currently happening. Are we planning properly for the reduction of population and loss of business growth here? Hastie stated this information can be strengthened or supplemented. COMMISSIONER JUENGER stated we need to look at any current plans that have been put forth for Near Island development. He wants more emphasis on the Anton Larsen Bay transportation scenario. According to the CIP list, it sounds like the road will be extended beyond Anton Larsen to an ice free, all weather port. Is there a way to identify ideas that were met with less enthusiasm? Hastie said they have summaries of all the rounds of public meetings held, and it's on the website. COMMISSIONER JANZ asked if in Chapter 4, page 12, 2nd paragraph, is that referring to the Gravel Task Force Plan. Hastie stated no, the Comp Plan. CHAIR KING stated in Chapter 11, page 78, it says the Womens Bay area is served by the Bells Flat Native Corporation. There is no such entity. Hastie stated they received a number of comments from Womens Bay residents as we were working on this latest draft of the plan and incorporated as many as we could. We felt we needed to take a closer look before we made those changes. CHAIR KING asked if the rocket launch site in Bells Flats was caught. COMMISSIONER JANZ said in Chapter 12, page 4 and 5, there is repetition with the goals. Hastie stated Chapter 12 encapsulates all the strategies of all the previous chapters so we need to go back to ensure everything is reflected. We also need to work with staff to fill in the responsibilities column. Dvorak stated Hastie is scheduled to be here for 2 more meetings. He thought they would be at the Assembly level, but we need to talk about. Dvorak also said he transmitted to the commission and public the agenda statement as a cover to the plan. It really isn't a cover for the plan and Hastie had an idea of doing an online cover selection process. Hastie said they will do via the website is to give people a chance to vote for their favorite or submit their own ideas. COMMISSIONER WATKINS MOVED to defer action on the Comp Plan to the July meeting scheduled. The motion was SECONDED COMMISSIONER JANZ, and it CARRIED by 5-0. D. Case 07-030. Review of the Draft Kodiak Island Borough Coastal Management Plan. Dvorak stated this document is largely the results of our consultant working with DNR staff that reviews plan amendments. We have been working on this for several years. It was previously approved by the Commission and then by Assembly Resolution in January 2006. The plan was sent back to the borough 3 times since then for substantial changes before ADNR would agree to approve the plan with any substantial local policies. It's important to get this plan adopted before our current plan sunsets on September 1, 2007. Staffis aware of the problem in the Table of Contents and it will be taken care of. COMMISSIONER JANZ MOVED TO APPROVE the June 2007, Draft of the Kodiak Island Borough Coastal Management Plan and transmit the plan to the Kodiak Island Borough Assembly with a recommendation for adoption. The motion was SECONDED by COMMISSIONER KERSCH. Regular session closed: Public hearing opened: June 20, 2007 P & Z Commission Meeting Minutes Page 6 of8 Blythe Brown of the Kodiak Soil & Water Conservation District stated when she was working with the refuge on getting a pesticide use proposal approved we went through the Coastal policy questionnaire and approval process, and she wants to know how this will affect her work if she does this again. Dvorak stated the coastal policy questionnaire probably will remain relatively unchanged, but the projects will be reviewed against the policies in this plan and against State regulations. We are still operating under the 1983 policies, which are generic and subject to interpretation. The State wants to move forward with regulations that are more universal around the state, and not as prone to different policies in different coastal communities. ADNR will exercise more interpretation, and we will have less influence in the process. Public hearing closed: Regular session opened: The question was called, and it CARRIED 5-0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A. Letter of Courtesy & Advisory to Mr. Adam T. Powers from Martin Lydick, Associate Planner dated June 11, 2007 Dvorak stated this is in regards to a fuel tank located in a setback. The tank was placed before permits were obtained. According to the building officials, they have agreed to move it. Mr. Powers delayed establishing a date to move it, so we established one for him. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A. Meeting schedule: . July 11,2007 work session at 7:30 p.m. in the KID Conference Room . July 18, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B. Minutes from other Meetings: . May 8,2007 Parks & Recreation Meeting Minutes COMMISSIONER JUENGER MOVED to acknowledge receipt of reports. The motion was SECONDED by COMMISSIONER W ATKINS, and CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS COMMISSIONER KERSCH requested to be excused from the July 11 th and 18th meetings. He will be in transit to Akron, Ohio for his daughters' Soap Box Derby Race. COMMISSIONER JUENGER thanked staff and Mr. Hastie for there work well done, and he also thanked Nova Javier for her additional duty. June 20, 2007 P & Z Commission Meeting Minutes Page 7 of8 COMMISSIONER JANZ thanked Hastie for a good working document with a lot of information. She learned a lot and it's taken a lot of different groups working together. It is a document we can use for a long time. JANZ also thanked Dvorak for all his hard work. COMMISSIONER WATKINS appreciated Dvorak's efforts. He also thanked Hastie, and said he will be in touch by email. CHAIR KING thanked everybody for coming in, and thank you Dvorak, Bud, Nova, and Matt. ADJOURNMENT COMMISSIONER KERSCH MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 9:45 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: ~'W.&n ''0n~ Sheila Smith, Secretary Community Development Department DATE APPROVED: July 18,2007 June 20, 2007 P & Z Commission Meeting Minutes Page 8 of8