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2009-04-15 Regular MeetingApri115, 2009 Kodiak Island Borough Planning &t Zoning Commission Minutes -- ~~ssem~l~C~ia~nl~~ ' i CALL TO ORDER CHAIR KING called to order the April 15, 2009 Planning and Zoning meeting at 7:30 p.m. ROLL CALL 6~ Commissioner Present Absent Excused Others Present Mr. Kin X Bud Cassid Mr. Watkins X Communi Develo ment Ms. anz X Sheila Smith Mr. Kersch X Communi Develo ment Mr. Torres X Ms. Vickstrom X Mr. Zbitnoff X A quorum was established. APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the Apri115, 2009 Planning ~ Zoning agenda Voice vote on motion CARRIED 6-0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the March 18, 2009 Planning &z Zoning Minutes. Voice vote on motion CARRIED 6-0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Barry Still encouraged the commission to accept the documents as presented for Case S06-012, and he stated there are other roads in the borough that don't have the requirements placed on them like the borough attorney suggests. He stated the documents submitted meet the current codes to his and his attorney's knowledge, and there is nothing in the code that requires what's being requested. He feels if staff wants these kinds of requirements in the code then they should be put in the code. PUBLIC HEARINGS A) Case S09-017. Request vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7`h Addition. Cassidy reported the applicant constructed a covered deck and banya in the easement and he's requesting to vacate half of that easement. Cassidy said easements are normally 20 foot easements with 10 feet on each side of the property. Because there has been no concerns with the utilities staff is recommending the vacation be approved subject to a number of conditions of Apri115, 2009 P~stZ Minutes Page 1 of 6 approval. Staff recommends preliminary approval of the vacation subject to appropriate conditions of approval. COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of the North 10 foot portion of a 20 foot utility easement on Lot 21, Block 11, Woodland Acres Subdivision, 7`h Addition, subject to five (5) conditions of approval, and to adopt the findings in the staff report dated March 18, 2009 as findings of fact for Case No. S09- 017. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to Final Approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. 3. The petitioner must obtain zoning compliance for the attached, enclosed rear porch, prior to final recording. 4. The petitioner must obtain a building permit and a final inspection report for the attached, enclosed rear porch, prior to recording. 5. The petitioner must relocate the detached banya to a verifiable legal location prior to recording. FINDINGS OF FACT 1. This request meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. Roll call vote on motion CARRIED 6-0. B) Case S09-014. Request an easement vacation, according to KIBC 16.60, to allow a reduction in width for an existing 50-foot "Easement for Salmon Stream" as depicted on Plat 2006-13, essentially creating a 50-foot buffer area along both sides of Panamaroff Creek, to be reduced in width to 20-feet on both sides of Panamaroff Creek, a reduction of 30 feet on both sides of the creek. Cassidy stated they have been waiting for a letter from the Corp of Engineers or Fish &z Game. We have received the Corp, Fish &z Game, and the applicant's agreement stating they have agreed to not reduce the easement on both sides, and only reduce the southern part of the easement by 15 feet. Staff recommends approval. Cassidy also said Parks &z Rec met last night and made a motion to recommend to the Planning &z Zoning Commission that the Parks &r Rec Committee is not comfortable with the easement as requested in the notification and recommends the commission defer to the ADF~szG and Corp of Engineers in this issue. VICE CHAIR WATKINS inquired if Parks &t Rec received this letter. Apri115, 2009 PAZ Minutes Page 2 of 6 Cassidy stated they didn't see the letter. Cassidy said the state statute that refers to the 50 foot buffer is a management area so the authorities, Fish &z Game, has the authority within that management area to make the kind of compromises that has come about. VICE CHAIR WATKINS MOVED to grant a vacation, according to KIBC 16.60, to allow a reduction in the width of an existing 50 foot "Easement for Salmon stream" along the South bank of Panamaroff Creek, to be reduced in width to 35 feet in the area of the building site as displayed on a map depicting the 100 x 95 foot building site and labeled with the title "Compromise Vacation request discussed in the field with ADF~StG staff on Apri13, 2009." Close regular meeting: Open public hearing: Chris Lynch, applicant's agent, spoke in support of the motion made. Close public hearing: Open regular meeting: Commission discussion. VICE CHAIR WATKINS MOVED TO AMEND the motion adding subject to conditions of approval contained in the staff report dated Apri16, 2009 and to adopt the findings in said staff report as Findings of Fact for this case. CONDITIONS OF APPROVAL Based on the expected review and approval of a compromise worked out between the land owner and the U.S. Army Corps of Engineers and the Alaska Department of Fish &z Game, Habitat Division, the requested vacation as stated in the original motion is reduced to a 15 foot vacation of the salmon stream buffer as conceptually depicted for the revised 100 by 95 foot building footprint shown for Lot 3 of the subdivision, subject to confirmation of the approval of said vacation compromise by both resource agencies. FINDING OF FACT 1. The land owner has worked diligently with both the U.S. Army Corps of Engineers and the Alaska Department of Fish Est Game Habitat Division to arrive at the compromise depicted on the revised site plan prepared by the land owner's representative. This represents a considerable compromise on the part of the land owner considering the substantial nature of the original request for vacation. Although borough staff has not seen confirmation of the approval of this compromise in writing, when that confirmation is received it will represent a compromise approved by those resource agencies both qualified and authorized to address the needs of anadromous fish species and the environment and habitat they rely upon. Roll call vote on amended motion CARRIED 6-0. Roll call vote on main motion as amended CARRIED 6-0. 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. The location is Lot 29A, U.S. Survey 2539, and it is zoned RRl-Rural Residential One. The applicant is the Vulcan Company. Staff stated the legal documents makes it clear to future land owners what they are getting into in regards to what percentages of costs associated with operations and maintenance of that road Apri115, 2009 PAZ Minutes Page 3 of 6 will be. We sent the language to the borough attorney who had some comments that has to do with the level of service and the mechanism of enforceability. Cassidy would like to get the borough attorney and Still's attorney together to try to come to an understanding. Staff recommends the Commission postpone this case until next month. He also said the commission will be looking at the third subdivision that leads into where this cul-de-sac is going and will be included in the private road agreements. COMMISSIONER JANZ asked for clarification on the original proposal. Was it inclusive of the warranty deeds and easements and were those easements drawn up by staff. Cassidy stated they were required to be put together by the applicant, and reviewed by the borough attorney. COMMISSIONER JANZ said Still said that the private road is stated in the staff report as being a common interest ownership arrangement and Still stated that is not the case. Cassidy said the debate is these common interest properties and can you have a private road agreement without something be a common interest property. COMMISSIONER TORRES MOVED to postpone Case S06-012 until the May 20, 2009 regular meeting. Commission discussion Roll call vote on motion CARRIED 6-0. B) 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-l, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska ls` Addition; and Lot 2, Block 2, Kadiak Alaska 1S` 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. Cassidy reported you're being asked to reconsider this case by the assembly, and KIBC 16.90.010 allows you to reconsider should you choose to do so. The criteria for reconsideration is there has been new information introduced. He also stated that Parks &r Rec made a motion last night to recommend that the Planning &r Zoning Commission reconsider this case because of concerns about preserving neighborhood access and connectivity in the right-of-way. Staff recommends the Commission move to reconsider Case 509-010 and schedule a new public hearing at the June 17, 2009 P~stZ meeting. VICE CHAIR WATKINS MOVED to reconsider Case S09-010 and to set this case for a new public hearing to be held at the regular Planning and Zoning Commission meeting scheduled for June 17, 2009, and to adopt the finding in the Supplemental Memorandum dated April 2, 2009 as a "Findings of Fact" for reconsideration of Case 509-010. (Correction to the motion changing April 1, 2009 to April 2, 2009) FINDING OF FACT 1. The Commission's decision in Case S09-010 was based on incomplete information regarding the current community context surrounding the portion of Perenosa Road right-of-way that was requested for vacation. Only through reconsideration of the case will the Commission get the opportunity to review all of the relevant facts of the case. Community sentiments Apri115, 2009 PAZ Minutes Page 4 of 6 were only beginning to be expressed by the community at the time of the original public hearing and the staff report and analysis did not in any way prepare the Commission to address the community issues and concerns being expressed at that time. Roll call vote on motion CARRIED 6-0. NEW BUSINESS A) Designating a Planning and Zoning Commission representative to the Parks and Recreation Committee During discussion, it was the consensus that COMMISSIONER JANZ will be the P&rZ rep to the Parks ~St Rec Committee with VICE CHAIR WATKINS as the backup. COMMISSIONER VICKSTROM MOVED to appoint COMMISSIONER JANZ and VICE CHAIR WATKINS as her backup to be the Planning ~St Zoning representatives to the Parks &r Recreation Committee. Voice vote on motion CARRIED 6-0. COMMUNICATIONS A) Letter of Courtesy &t Advisory dated February 26, 2009 B) Letter from the Borough Clerk's Office dated March 20, 2009 C) Review of the Parks and Recreation Committee selection of contractor to perform the Kodiak Road System Trails Master Plan Cassidy stated the first communication is a letter of Courtesy ~ Advisory to folks who are allegedly in violation and this is our first step. Next is an action letter regarding the action taken on the Christiansen/Schick Appeal. The third communication is what the Parks &r Recreation Committee has narrowed down to three firms to interview and interviews will hopefully start on April 28th VICE CHAIR WATKINS MOVED to accept communications as presented. Voice vote on motion CARRIED 6-0. REPORTS A. Meeting Schedule: • May 13, 2009 work session at 7:30pm in the KIB Conference Room. • May 20, 2009 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes from Other Meetings • January 13, 2009 Parks &z Recreation Committee Meeting Minutes • February 24, 2009 Parks &t Recreation Committee Meeting Minutes Cassidy gave a staff report on the meeting schedule and other minutes. COMMISSIONER JANZ stated she may not be able to attend the May 20th regular meeting due to being on Woody Island with the school. COMMISSIONER JANZ MOVED to accept reports as presented. Voice vote on motion CARRIED 6-0. Apri115, 2009 PAZ Minutes Page 5 of 6 AUDIENCE COMMENTS Ed Mahoney thanked the commission for deciding to reconsider the Anderson case, and hopefully both sides can come to a resolution. Dan Rohrer, Christian School representative, said he appreciates the commission's vote to reconsider the Christian School's case. Mike Anderson is not an adjacent property owner now so Rohrer and the Christian School will be submitting things. Suzanne Rapoza said she has met with Rohrer and she is hopeful that they can have some fruitful meetings and reach a compromise. COMMISSIONER'S COMMENTS COMMISSIONER KERSCH said it was a good night. COMMISSIONER VICKSTROM asked if she can be brought up to speed on the Anderson case because she has no knowledge of it. COMMISSIONER TORRES said he is hopeful that the two parties involved with the Christian School can get together because he feels this isn't the best body to mediate the situation. COMMISSIONER JANZ said she feels the same as Torres because to mediate here people would leave feeling as comfortable with the agreement due to constraints here. You have a couple of months to work together as a community. We also need another commissioner, a borough rep. VICE CHAIR WATKINS said he's glad to see them all working together even if you can't make a final decision where everyone agrees on one solution. If you have a list of things that come as the final solution to this, the more of the communities words we are working with the better off it will be. Written comments should be submitted ahead of time because the more we know ahead of time the better decisions we can make. ADJOURNMENT COMMISSIONER TORRES MOVED to adjourn April 15, 2009 Planning &~ Zoning regular meeting. With no objection, the chair adjourns the meeting at 8:39 p.m. KODIAK ISLAND BOROUGH By: ~ ~ . y~ Dave King, Chair ATTEST BY~P.~l~~_ Q Q eila Smith, Secretary APPROVED: May 20, 2009 Apri115, 2009 P&tZ Minutes Page 6 of 6