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2010-05-09 Regular MeetingIL I Kodiak Island Borough I � JUN 2 9 2010 LJ Planning & Zoning Commission I Minutes L BOROUGH CLERK'S OFFICE J May 19, 2010 Assembly Chambers CALL TO ORDER CHAIR KING called to order the May 19, 2010 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioners present were Dave King, Brent Watkins, Casey Janz, Bill Kersch, and Alan Torres. A quorum was established. Staff present was Duane Dvorak and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the May 19, 2010 Planning & Zoning agenda. VOICE VOTE ON MOT /ON CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the April 21 Planning & Zoning Regular Meeting Minutes & the April 28, 2010 Planning & Zoning Special Meeting Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case S10 -001. Request final approval, according to KIBC 16.50.010.B.2, of a plat differing substantially from the approved preliminary plat, for the subdivision of Lot 3, AA'A CINGAQ Subdivision (Native Allotment AA7118, Parcel A, Lot 3, T20S, R21W, Sections 26 & 35, Seward Meridian), creating Lots 1 through 4, PINGUAQ UYAMILLQUAMI Subdivision. The applicant is Laurel L. Earl. The location is the east side of Larsen Island, near the mouth of Anton Larsen Bay and it is zoned C- Conservation. Dvorak stated 37 public hearing notices were sent out. The commission previously granted preliminary approval for this case with 2 conditions for a 5 lot subdivision. Each of the lots were at the minimum of the zoning lot size and width and the conditions dealt with showing conclusive evidence that the lot size and widths were met for zoning purposes. The subdivider in preparing the final plat tried to meet the standards by reducing the number of lots to 4 so the lots went from 5 or 6 acres each to 8.2 acres per lot increasing the lot sizes by about 1.25 acres. Because of the changing of the plat staff has brought this back to the commission as a plat differing substantially from that which you reviewed at the preliminary plat stage. Staff recommends approval subject to 1 condition based on the Final Plat Checklist done. Dvorak May 19,2010 P &Z Minutes Page 1 of 5 also said in the past it hasn't been Community Development Department's practice to require new meanders to be surveyed in subdivisions that already had pre- existing meanders. This plat also addresses the access issue and the subdivider provided for an easement in order to address the issue without having to do new meanders and staff believes this is an adequate alternative provision that preserves the public's interest. CHAIR KING requested to see the full size plat. In response to COMMISSIONER KERSCH'S inquiry of why isn't it to scale, Dvorak stated the graphical scale shown on the map to use to get a sense of scale is not accurate for this plat. COMMISSIONER JANZ MOVED to grant final approval according to KIBC 16.50.010.8.2, of a plat differing substantially from the approved preliminary plat, for the subdivision of Lot 3, AA'A CINGAQ Subdivision (Native Allotment AA7118, Parcel A, Lot 3, T20S, R21W, Sections 26 & 35, Seward Meridian), creating Lots 1 through 4, PINGUAQ UYAMILLQUAMI Subdivision subject to 1 Condition of Approval and adopt the findings as Findings of Fact for Case S10 -001 found in the staff report dated April 30, 2010. The public hearing was opened & closed: Favorable testimony was given by Laurel L. Earl, applicant. Opposing testimony was given by Petrina Peterson, Lila Schwantes, and Tom Schwantes. COMMISSIONER TORRES stated the # 1 condition of approval seems like it has been split into 2 sentences and he sees it as 1, that the tidelands shall not be included to gain the 5 acres. Since the 5 acres isn't an issue he doesn't think including the tidelands on that condition is an issue. He believes their intent was the tidelands were not to be used to establish the minimum of 5 acres. Discussion Dvorak stated he may have mis- stated when he introduced the case; he just looked at the Reconsideration Action Letter that references Lot 1 — 6 so it appears 2 lots were dropped. It looks like 3 acres were added to each lot. Dvorak said regarding the question of tidal influenced area he read KIBC 16.40.040 into the record. In response to CHAIR KING's inquiry if the commission could put a plat note on saying "measurements are approximate" because on this plat it has absolute measurements of feet and acres, Dvorak stated the section he just read about approximates is at the preliminary stage and that's the only stage where it references mean high water line. At the final plat stage it really talks about monumentation, the check list is different but the bottom line is areas that are tidally influenced that may be above the mean high water line but still part of the lot, there can be tidally influenced lands that are part of the upland area. It's just that areas below mean high water line do not count for zoning purposes keeping in mind that mean high water is an average. In response to COMMISSIONER TORRES's inquiry of it looks like since this is a native allotment there may be some subsistence beach that was included that's below the mean high water, is that included, Dvorak said if that was part of the rules for BLM he's not aware what those rules were. CONDITION OF APPROVAL 1. The bar scale created on the final plat be redrawn to reflect a 1:100 scale. May 19,2010 P &Z Minutes Page 2 of 5 FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of Borough Code; 2. This plat meets all the requirements of Title 17 of Borough code; and 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 10 -011. Request a review of the FY2011 -2015 Capital Improvement Projects list and a recommendation to forward to the borough assembly. Dvorak stated the preparation of the Capital Improvement List is one of the duties and responsibilities required of the Planning & Zoning Commission. Normally, 90 days prior to October 1st the commission has to deliver the CIP List to the Assembly. The state has changed their procedures. It's been the goal of the the commission to try to get the list together earlier to match up better with the state's process. In response to COMMISSIONER WATKINS's inquiry of didn't we schedule a work session for this, CHAIR KING stated yes, June 9th at 7:30 p.m. at our regular work session. COMMISSIONER WATKINS MOVED to postpone Case 10 -011 until the June regular meeting of the Planning & Zoning Commission. The public hearing was opened & closed: No testimony was given. Discussion It was the consensus of the commission that the CIP list is old and needs to be updated by taking out the items that have been funded and completed, and to present different projects with different price tags on them. In response to COMMISSIONER TORRES' inquiry of if this is the format that's sent to the state, Dvorak said this is for planning purposes, we send it to the administration and the assembly but whether the assembly sees it or uses it, he thinks they use their own judgment so it's intended to be a planning tool. You have the categories but the commission decides what they want to score these things. In response to COMMISSIONER TORRES' inquiry of if we came up with a list and sent a letter to the assembly in a bulleted form, similar to what we got from Parks & Rec, in priority order would that be sufficient, Dvorak said however you want to do it, but he was the one most responsible for inputting this system we're using. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS NEW BUSINESS A) Review of Planning & Zoning Commission By -Laws Dvorak stated the bylaws are meeting procedures that the commission sets for itself. The commission proposed some changes that staff has consulted with the borough attorney in regard for setting a deadline for written comments. Staff brought up last week about a limit on written comments may have an impact on the appeal procedure and staff is following up on that with the attorney. Staff recommends postponing action until we can get a further opinion May 19, 2010 P &Z Minutes Page 3 of 5 back from him. Discussion It was the consensus of the commission to adopt the proposed bylaws at the next meeting including adding to Article IX D. The Commission shall not consider any new information submitted less than 15 calendar days prior to a regular meeting date. New information introduced after the 15 calendar day deadline may be considered by the Commission for action at a future meeting or referred to the staff for study. COMMUNICATIONS A) Notice of Violation re: change in tenancy and use dated April 7, 2010 B) Letter from Clerk's Office re: An Appeal to the Board of Adjustments dated April 30, 2010 C) Request for Support Letters dated May 18, 2010 Dvorak gave a brief staff report. COMMISSIONER JANZ MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • June 9, 2010 work session at 7:30pm in the KIB Conference Room. • June 16, 2010 regular meeting at 7:30pm in the Assembly Chambers. B) Minutes of Other Meetings • March 23, 2010 Parks & Recreation Meeting Minutes • April 13, 2010 Parks & Recreation Meeting Minutes COMMISSIONER TORRES MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS Bill Kersch said he visited Skagway, with a population of about 800 it has an incredible trail system, and an unbelievable amount of sidewalks and public access. Most people walk and ride bikes. Kersch feels the CIP should include things that will make our community more desirable. He said he is for ATV's and encouraged everyone to look at the Trails Plan website. It looks like they're going in the direction to limit ATV use in Kodiak and that's one of our benefits of living in Kodiak. He encouraged everyone to go to the website, read it, make comments, and sign up for email updates. He has 4 ATV's that he and his family use a lot. Soap Box Derby is next month which is the largest one yet. He's sponsoring 5 kids this year. His daughters will be selling hot dogs which that money will go to help support Soap Box Derby and help pay for the family to get to and from Akron, Ohio. If anyone wants to help they will be meeting the first 2 Saturdays in June. There's a movie coming out this fall about the Soap Box Derby and there will be short skits possibly of Kodiak kids. This is a mainstream movie with Corbin Bernstein producing it, Cherokee Pictures. Kersch spoke with them 3 weeks ago and they may be sending someone up which depends on whether and timing. We are the last Soap Box Derby Association in the State of Alaska and our kids have accomplished some pretty May 19, 2010 P &Z Minutes Page 4 of 5 incredible things here in Kodiak. It is the 10th year anniversary. Kersch was impressed with the Commissioner handout from APA stating there is some really good stuff in it. Maybe we could incorporate some of this into the new codes. Casey Janz said the Parks & Rec meeting last night (Trails Public Meeting) was well attended at North Star. It did come out that they were kind of looking at the idea of having a scheduled time use, and people have been expressing concern that the possibility of it will continue to get more and more limited. She spoke to people who have that definite concern because that's what people have seen in the lower 48 and eventually cutting areas off. There were also people concerned that non - motorized users that would like to have some places where there were no motorized vehicles. The consultants gave a good opening speech, PowerPoint presentation and discussion, and then people went around to the different maps to give input on the maps on what trails they would like to see created or built, where there needs to be trail improvements, and input of what kinds of programs would be good for different trails and areas. We all came back together after that and had more discussion. Bill Kersch said in Skagway there are signs on all the trails that says "this trail is allowed use for horseback riding, 4 wheeling, mountain biking, personal hiking, snowboarding, snowshoeing." They specified every single thing on the signs and they all seemed to accept that the trails are for use by every single person, not limited to one single group of people. Skagway is a very unique place. Alan Torres said this is the last time we meet before Crab Fest and he hopes everyone enjoys it. He's looking forward to it and hopefully it won't snow. Dave King said last month we heard a case on a road Right Of Way and he noticed in the paper a couple of days ago that that lodge is on the short list for foreclosures. King will be at Crab Fest everyday working the NRA booth. King said the dinner has sold out but he does have raffle tickets. ADJOURNMENT COMMISSIONER KERSCH MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING adjourned the meeting at 9:09p.m. ATTEST By: C�rle OTC 1 Sheila Smith APPROVED: June 16, 2010 May 19, 2010 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: e. Dave King, Chair P &Z Minutes Page 5 of S