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2009-06-17 Regular Meetingr : ~~.._ ___ _ _..~ -- Kodiak Island Borough J U L 2 02009 ' Planning ~ Zoning Commissio Minutes - - E June 17, 2009 Assembly Chambers CALL TO ORDER CHAIR KING called to order the June 17, 2009 regular meeting of the Planning and Zoning Commission at 7:35 p.m. ROLL CALL Commissioner Present Absent Excused Others Present Mr. Kin X Duane Dvorak Mr. Watkins X Communit Develo ment De t. Ms. anz X Sheila Smith Mr. Kersch X Communi Develo ment De t. Mr. Torres X Ms. Vickstrom X Vacant COMMISSIONER WATKINS MOVED to excuse COMMISSIONER VICKSTROM. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to move Case 09-019-Koniag, Inc. from Old Business to New Business. Voice vote on motion CARRIED unanimously. COMMISSIONER TORRES MOVED to approve the amended June 17, 2009 Planning &t Zoning agenda Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER TORRES MOVED to approve the May 20, 2009 Planning ~St Zoning Minutes Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Barry Still, Case S06-012, stated he is in agreement with the revised staff report and also with the commissioner's motion and findings. Charlie Powers, Case 09-019, stated if this case goes through as proposed their only recourse would be an appeal and he gave background on the intent. June 17, 2009 P~tZ Minutes Page 1 of 7 PUBLIC HEARINGS A) Case S09-010. Request reconsideration of the denial of preliminary approval, according to KIBC 16.90.010, of the re-subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re-subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska ls` Addition; and Lot 2, Block 2, Kadiak Alaska ls` Addition; including a vacation of the 60- foot wide Perenosa Drive right-of-way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B-lA and 2A, Block 1, Kadiak Alaska ls` Addition; Lot 2A, Block 2, Kadiak Alaska ls` Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska ls` Addition. Dvorak gave a brief staff report stating the applicant has withdrawn their request due to the parties involved not coming to a consensus. B) Case S09-020. Request preliminary approval, according to KIBC, of the subdivision of a portion of U.S. Survey 2538A creating Tracts A ~ B, U.S. Survey 2538 and dedicating an additiona120' of right-of-way for Hillside Street. Dvorak gave a brief staff report stating staff recommends postponing this case until July 15, 2009 regular meeting due to having a new City Manager which would give her more time to familiarize herself with the request. COMMISSIONER WATKINS MOVED to postpone the public hearing and the Commission's consideration of Case S09-020 until the July 15, 2009 regular meeting of the Planning and Zoning Commission. The public hearing was opened &t closed. There were no public comments. Roll call vote on motion CARRIED 5-0. C) Case 09-020. Request a rezone, according to KIBC 17.72.030 and 17.72.030.C, of proposed Tracts A &t B, U.S. Survey 2538A, from C-Conservation to Rl-Single Family. (Related to Case S09-020). Dvorak gave a brief staff report stating staff recommends postponement until the July 15, 2009 regular meeting again due to having a new City Manager to allow more time for her to familiarize herself with the request. COMMISSIONER TORRES MOVED to postpone the public hearing and the Commission's consideration of Case 09-020 until the July 15, 2009 regular meeting of the Planning and Zoning Commission. The public hearing was opened ~sr closed. There were no public comments. Commission discussion. Roll call vote on motion CARRIED 5-0. OLD BUSINESS A) Case S06-012. Request a review of draft covenants, according to KIBC 16.40.070 and 16.40.080 relating to the creation of a private road to serve Seaview Estates Subdivision, Lots 1-11 and Tract A. Dvorak reported staff provided a supplemental memorandum based on the discussions from the packet review, and recommends that the Commission approve the proposed private road easements and covenants for Lots 1 - 11, Seaview Estates Subdivision, subject to the revised June 17, 2009 P&rZ Minutes Page 2 of 7 recommendations of staff. COMMISSIONER WATKINS MOVED to approve the creation of private roads by easement as spelled out in the deeds, covenants and other documents submitted, and as generally depicted on the preliminary plat for Seaview Estates Subdivision, subject to the conditions of approval provided in the revised supplemental memorandum dated June 12, 2009, and to adopt the findings also contained therein supporting said approval. During discussion COMMISSIONER WATKINS expressed that he had provided a commissioners' report with a motion and findings but he sees they're all headed in the same direction now and commission is in agreement with staff's recommendation. CONDITIONS OF APPROVAL 1. The subdivider will establish anon-profit lot owner association between the prospective owners of property in the Seaview Estates Subdivision, prior to the sale of any lots within the subdivision or the adjoining Lot lA, Seaview Subdivision, the purpose of which will be to provide a mechanism for lot owners to maintain the private road to the standards of KIBC 16.80.030.E 2. The access to Lots 1 through 8 falls outside the scope of this particular subdivision, on proposed Lot lA, Seaview Subdivision. The subdivider has a second preliminary plat pending that will provide access to this subdivision. An easement agreement and covenant similar in language to the easement and covenant documents approved in this case shall be applied to that lot, so that a future review of that lot for the purposes of KIBC 16.40.070 and 16.40.080 will not be required. FINDINGS OF FACT 1. The proposed easements by deed and covenants for Lots 1 through 11, Seaview Estates Subdivision (and by extension proposed Lot lA, Seaview Subdivision) meet and exceed the requirements of KIBC 16.40.070 and KIBC 16.40.080. 2. The approved easements by deed and covenants will ensure that the Fire Apparatus Access Roads serving Lots 1 through 11, Seaview Estates Subdivision and Lot lA, Seaview Subdivision will be sustained to the proper standards to facilitate public safety access the greatest degree possible. Roll call vote on motion CARRIED 5-0. NEW BUSINESS A) Case 09-019. Adopt findings as Findings of Fact in support of the Commission's denial of a Conditional Use Permit to allow up to six (6) duplex style recreation cabins (or the equivalent) to be developed and maintained by more than six guests along the Karluk River drainage. Dvorak reported that the draft findings submitted by the commission were edited by Cassidy to put them into a more orderly manner, and findings have to be adopted to complete the process to allow the petitioner to appeal if they so choose. COMMISSIONER TORRES MOVED to approve the above findings of fact denying a conditional use permit (CUP), according to KIBC 17.200 and KIBC 17.50.040.D, to allow up to six (6) duplex style recreation cabins (or the equivalent) to be developed and maintained as a system of satellite cabins for use by more than six guests along the Karluk River drainage as permitted in the conservation easement agreement between Koniag, Inc., the Kodiak National Wildlife Refuge and the Alaska Department of Fish Est Game, and to adopt the findings June 17, 2009 P&tZ Minutes Page 3 of 7 contained in the staff report dated June 1, 2009, as FINDINGS OF FACT for case 09-019. During discussion COMMISSIONER JANZ expressed concern over the waste of the potentially large number of people and the outhouses seeping into the ground or staying on top of because of rock. Powers stated we have not gone through DEC review to analyze the leaching of the outhouses, but we maintain them to keep up with the waste created. COMMISSIONER WATKINS stated Powers referenced the density on item b and Watkins wanted to clarify that it wasn't directed at Koniag but at the precedent it sets for allowing a 72 occupant lodge. The economic viability of the villages is important but duplexes are not allowed in the Conservation zone. We can't skip over everything because it sets a precedence for someone like Princess to come in. It needs to go through the process. Watkins stated if it was subdivided and rezoned it would allow this facility to run clean without contradiction to the codes. Powers stated those lands are exempt from taxation until they are developed. These cabins would be used for profit but we don't want those 53,000 acres to become taxable. Powers also stated the borough has assessed the cabin sites at $30,000 each which we are being taxed on. These lands are managed by the borough anyway and allows for them to be developed in this manner because they are already assessed. He also stated they hadn't put a lot of time into this because they didn't think it was going to be an issue. COMMISSIONER WATKINS asked what the status of the project is at this point. Powers stated we have purchased materials and delivered materials to site. COMMISSIONER WATKINS asked if construction has begun. Powers stated we have put in the pilings in the Portage area. He feels if the commission broadens this they can go around to the Park Service and their cabins and the refuge cabins, and classify them as lodges. He feels it is unfair to characterize it in that way. COMMISSIONER WATKINS MOVED that in Item B-Density to strike "Such commercial development would create 20 high turnover minimum wage jobs and eliminate 12 career family businesses, as well as remove money from the local economy." FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. DENSITY a. An acceptable increase in guest density for a CUP at this site would range between 10% and 100%. This density could go as high as 150% in the right spot (with appropriate waste - septic disposal, water, and having little impact on the sensitive areas). This case requests an increase of 1100 % in occupancy with each lodge possibly accommodating 12 -15 clients per cabin (Section 7, paragraph C, item V). b. Setting a precedent of up to 72 person lodge development opens the door for a large commercial developer (Princess Hotel -like, which has a similar business model approach). It is a bad precedent to set. DUPLEX DEVELOPMENT c. Duplexes -style facilities (as displayed by the graphic provided by the applicant identifying the layout of the buildings) have multiple kitchen area and are not permitted in the C- June 17, 2009 P&tZ Minutes Page 4 of 7 Conservation District. d. The borough through the commission has cited even "temporary kitchens" as justification for previous enforcement action against duplexes in area designated for single family residences. The Borough should be consistent in applying duplex standards to corporations as it does individuals. e. The commission and borough have required homeowners, lodge owners and other business owners who want intensive development in the C-Conversation zone to subdivide or rezone their properties to meet the code requirements for intensive use. ENVIRONMENTAL IMPACTS f. The applicant is required to acquire DEC approval for intensive development that utilizes outhouse facilities vs. a septic system. This is especially the case fora 72 person lodge development. Though there is non-objection by the refuge staff, the applicant must meet Borough regulations. Should there be a conflict, borough zoning regulations as required by state statute dictate. The refuge cannot violate the tenth amendment to the constitution (Rights of local government). 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. g. The use proposed does not fulfill the other requirements of this chapter because granting a CUP would exceed any and all requirements of this chapter because impacts on the property would greatly exceed the conditions and safeguards needed to assure that the CUP is compatible with surrounding area. 3. That granting the conditional use Uermit will not be harmful to the public health, safety, convenience and comfort. h. As stated above, the granting of a CUP is harmful to the public's health, safety, convenience and comfort because of the increase numbers of visitors. 4. The sufficient setbacks, lot area buffers or other safeguards are being~rovided to meet the conditions listed in subsections A through C of this section. i. The construction of a lodge/camp facility could, with responsible development, meet the conditions in subsections A through C, but this is not what is occurring with this proposal. 5. The proposed use or structure is located in a manner which will maximize public benefits. j. The area of development is critical habitat and development as proposed will not maximize public benefits. Roll call vote on amended motion CARRIED 5-0. Roll call vote on the main motion CARRIED 4-1. The ayes were COMMISSIONERS WATKINS, JANZ, KING, and TORRES. The noes were COMMISSIONER KERSCH. COMMUNICATIONS A) Letter of Courtesy &t Advisory dated February 18, 2009 B) Letter of Courtesy &t Advisory dated February 18, 2009 C) Letter of Courtesy Fst Advisory dated February 18, 2009 D) Notice of Finding &t Administrative Determination dated Apri13, 2009 Dvorak gave a brief staff report on communications. COMMISSIONER TORRES MOVED to accept communications as presented. Voice vote on motion CARRIED unanimously. June 17, 2009 P&rZ Minutes Page 5 of 7 REPORTS A. Meeting Schedule: • July 8, 2009 work session at 7:30pm in the KIB Conference Room. • July 15, 2009 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes of Other Meetings April 14, 2009 Parks ~ Recreation Committee Meeting Minutes April 28, 2009 Parks ~ Recreation Committee Meeting Minutes May 12, 2009 Parks &t Recreation Committee Meeting Minutes C. Abbreviated and Final Approvals-Subdivisions Dvorak gave a staff report on the meeting schedule and Parks &z Recreation Committee minutes. COMMISSIONER WATKINS MOVED to accept reports as presented. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS COMMISSIONER WATKINS said we need to have a consistent policy for everyone and we can't make allowances for some people but not others. He also said he couldn't ignore the codes and say in good faith to go ahead and ignore the code. COMMISSIONER TORRES expressed concern and disappointment regarding the Koniag development being started without the CUP being approved. COMMISSIONER KERSCH had the same concerns about the development being started without approval. He said the pilots who deliver mail had already told him of the progress of the construction which is what tore him because he was in favor of the request. He also said he was surprised that we are at this stage with the people involved in the request who know the process and that development had started anyway. Kersch also thanked everyone who helped with the Soap Box Derby, it was an incredible weekend. COMMISSIONER JANZ said it's important to go through and follow the process already in place, and it's disturbing to find out that even though a decision had been made, despite that construction is occurring which made her feel like what is the process there for if people aren't going to follow it. Hopefully, that doesn't go unnoticed; otherwise there is no reason for us to be up here making decisions. She also said that when the Christian School withdrew their request she thought it was a display of doing what is better for the community as a whole instead of fighting for what they need, and it was a very humane thing to do. Janz reported she's been going to the Parks &t Rec meetings which are educational and there's a lot happening. She also reported Port Lions was very educational as well and thanked the borough and Community Development for sending us. It's really good to get out to some of these communities to meet the people and hear some of their issues, which she was very impressed with how they ran their City Council meetings very professionally. COMMISSIONER TORRES asked how many people came to the meeting. JANZ said there were about 12 people who came to discuss an issue discussed on a community level. June 17, 2009 P&~Z Minutes Page 6 of 7 CHAIR KING said Port Lions is a wonderful community and he recommends that if anyone gets the opportunity they should go because everyone was very friendly and happy. He also said the Koniag case was hard for him because he is in it 3 ways: his personal feelings, his job, and the commission. He said he almost quit the commission because he was so torn over it, and it's going to be interesting to see what staff does regarding enforcement action in light of what came out tonight. King said he frequents that area quite often. He also thanked the commission for their dedication and hard work. ADJOURNMENT COMMISSIONER WATKINS MOVED to adjourn. CHAIR KING adjourned the meeting at 8:51 p.m. KODIAK ISLAND BOROUGH PLANN &t ZONING COMMI ION By: ~. Dave King, Chair ATTEST BY~ ~~1J:~1 ~ Sheila Smith, Secretary APPROVED: July 15, 2009 June 17, 2009 P&cZ Minutes Page 7 of 7