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2010-06-16 Regular Meeting I V/ KODIAK ISLAND BOROUGH • r\ — II I PLANNING & ZONING COMMISSION U AUG 1 1 2010 ti MINUTES lune 16, 2010 Asseintily Cti4mtiers, OFFICE CALL TO ORDER CHAIR KING called to order the June 16, 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. Excused was Jay Baldwin. A quorum was established. Staff present was Duane Dvorak and Sheila Smith. COMMISSIONER TORRES MOVED to excuse COMMISSIONER BALDWIN. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the June 16, 2010 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER KERSCH MOVED to approve the May 12, 2010 Planning & Zoning Special Meeting Minutes and the May 19, 2010 Planning & Zoning Regular 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 10 -018. Request a Parking Plan Review, according to KIBC 17.175.050, to permit the development of Lot 11A, Block 1, Kodiak Townsite with an additional 18 off - street parking spaces located on a lot in common ownership within 600 feet of the (Old Power House Restaurant) use which they are intended to serve located on Lot 9, Block 2 (restaurant), Lots 8 & 10, Block 2 (off- street parking), all located in Kodiak Townsite Subdivision and Lot 2, U.S. Survey 1995 (off- street parking). The petitioner intends to enclose a deck on the channel side of the restaurant and to expand the main structure in a manner which will increase the maximum seating by an unknown number of seats. The location is 516 E. Marine The zoning is I- Industrial. The applicant is Ocean Enterprises of Alaska, LLC (AKA True World Restaurant of Alaska) Dvorak reported 24 public hearing notices were sent out and no responses were received. Staff recommends approval subject to conditions of approval. In response to COMMISSIONER KERSCH'S inquiry of which property does Ocean Enterprises own in reference to the restaurant, Dvorak stated it's the red one on the map. Ocean Enterprises and True World Restaurant are the same. Page 1 of 7 In response to COMMISSIONER JANZ'S inquiry of are they going to do anything in the old parking lot that makes it an exit, that's been a problem, Dvorak stated when we add the additional parking to the business we'll do a new zoning compliance and a new parking plan review for the entire site. Because they're offering an additional 18 parking spaces it may be there will be an opportunity to revisit that. COMMISSIONER TORRES MOVED to grant approval of a parking plan, in accordance with Section 17.175.050 of the Kodiak Island Borough Code, that shows eighteen (18) off - street parking spaces proposed to be located on Lot 11A, Block 1, Kodiak Townsite Subdivision, which are impractical to be located on Lots 8, 9 and 10, Block 2, New Kodiak Townsite and Lot 2, U.S. Survey 1995, in order to support the expanded restaurant seating proposed there, and that eighteen (18) off- street parking spaces located on Lot 11A, subject to conditions of approval, will provide a safe and practical off - street parking alternative to the off- street parking that is typically required to be located on -site or on an adjacent lot in common ownership, subject to the conditions of approval in the staff report dated June 2, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public comment. CONDITIONS OF APPROVAL 1. Prior to the issuance of zoning compliance, the petitioner shall update the parking plans for Lot 11A and for Lot 10, Block 2, NKS and Lot 2, U.S. Survey 1995, to show the location and type of signage that will be used to advise patrons that the parking area is for restaurant use only and which will help patron negotiate the safest route from the front door of the restaurant to the new satellite parking area. 2. Identify signage or management notes on the parking plan that will require impoundment of any unauthorized vehicles which would reduce the number of usable spaces in support of the restaurant use. 3. Prior to the issuance of zoning compliance, the petitioner shall revise the parking plan to include a side note that indicates practical access to Lot 11B will not be unreasonably denied unless it can be shown that adjoining Lot 11B has legal and physical access by some other route. 4. Prior to issuance of zoning compliance, the petitioner will add such other parking plan improvements required to be shown on the parking plan such as wheel stops, seasonal lighting, etc. that may be necessary to ensure the safe and practical use of use of the site for its intended purpose. 5. The petitioner will obtain letters of concurrence /non- objection from the City of Kodiak Police Department and Public Works Department to ensure that they are aware and do not object to the increase traffic in this area both vehicular and on foot, due to the need for people to be crossing Marine Way in a historically industrial area in the absence of any amenities such as a crosswalk, sidewalk or other pedestrian access improvements. FINDINGS OF FACT 1. It is impractical to locate 18 additional off- street parking spaces on Lots 8, 9 and 10, Block 2, KTS and Lot 2, U.S. Survey 1995 because the existing building footprint and off - street parking already occupy all of the available area. The restaurant occupancy and floor area has long been limited by the available off- street parking and the additional off - street parking will allow the business to fully utilize the available floor space inside the restaurant structure. 2. Subject to conditions of approval the proposed off - street parking plan can provide safe and practical off- street parking that will be used in support of the restaurant use as intended and which will not be a detriment to the existing industrial uses in the area or unreasonable imperil the safety of the restaurant patrons. Page 2 of 7 3. The proposed off - street parking area will meet all the requirements of KIBC 17.175.010, 17.175.040 and 17.175.050. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case10 -019. Request a Conditional Use Permit per KIBC 17.50.040.E (Conditional Uses), according to KIBC 17.200 (Conditional Use Permits), to allow a 40 by 40 foot ATCO style modular logging camp facility intended to support 10 full time workers and up to 6 temporary longshoremen, in support of permitted timber harvesting activities in the C- Conservation zoning district. The camp will be located on a 1.5 -acre site located within Section 11, T22S, R22W, Seward Meridian; and, To allow a 4 -acre Log Storage Facility to be located on a 29 -acre portion of Section 7, T225, R22W, Seward Meridian, with room to store timber harvesting equipment and related log transfer facilities, roads, and other ancillary facilities, all to be located with Tracts A & B, Uyak Partition Subdivision. The location is Uyak Partition Subdivision, Tracts A &B on Afognak Island. The zoning is C- Conservation. The applicant is Clarence Maxey /Frontier, Inc. Dvorak reported 5 public hearing notices were sent and no responses were received. He stated timber harvesting is a permitted use in the Conservation zone and recommends approval of this conditional use request subject to 5 stipulations. In response to COMMISSIONER KERSCH'S inquiry of who owns the property east and west of the logging area, Dvorak said he doesn't and suggested a 5 minute recess so he can look it up. In response to COMMISSIONER KERSCH's request of who public hearing notices were sent to, Dvorak stated Afognak Joint Venture, Ouzinkie Native Corporation, Clarence Maxey, National Wildlife Refuge, and Bruce Talbot of Alaska Department of Natural Resources. In response to CHAIR KING's inquiry of does Frontier, Inc. own this property or is it a lease, Dvorak stated he believes they purchased the property. It was listed for sale recently. COMMISSIONER KERSCH MOVED to recess for 5 minutes to get further information if possible. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING reconvened the meeting at 8:02. Dvorak stated he researched the ownership and this is an area that appears to be in transition. Previously all this land around the parcel, as well as this parcel belonged to the Afognak Joint Venture. However, the Afognak Joint Venture has been in a long -term dissolution. As it's being dissolved each of the smaller corporations has received small disposals of land as a settlement to their claim. According to the map and records we have it's all former Afognak Joint Venture lands around it. He provided a map from the 1997 Trail Atlas that shows all of it as being Afognak Joint Venture, and he stated our GIS system shows Afognak Joint Venture all around this parcel. In response to COMMISSIONER KERSCH'S inquiry of where is the Ouzinkie Native Corporation land, Dvorak stated he didn't know but this area is being dissolved and maybe Ouzinkie received part of this in the dissolution. COMMISSIONER KERSCH expressed concern about the maps displaying different colors and shapes. Dvorak said this is a recent plat that probably hasn't been picked up in the GIS system yet because they're doing these disposals of AJV lands and these are fairly recent transactions. If you want to know more you would have to postpone. In response to CHAIR KING'S inquiry regarding the staff report, page 5 of 12 under K. Mineral Extraction and Processing, it says they aren't going to be mining sand or gravel and he asked if they Page 3 of 7 are going to be hauling materials in to build their roads, Dvorak stated usually they don't, they use native materials that's there. In response to COMMISSIONER WATKINS's inquiry of can the conditions of approval affect the tract or just the logging camp and the 100 foot buffer on anadromous streams is ineffective, it needs to be much wider for the trees we have here, can we put a condition of approval to increase the stream buffer, Dvorak stated we don't have the jurisdiction, we don't have any standards in our code, it's not a zoning type of thing we are regulating, and whether those buffers are adequate or not they're required to comply with the State Forest Practices Act which is through DNR and Fish & Game Habitat Division. COMMISSIONER TORRES MOVED to grant a Conditional Use Permit per KIBC 17.50.040.E (Conditional Uses), according to KIBC 17.200 (Conditional Use Permits), to allow a 40 by 40 foot ATCO style modular logging camp facility intended to support 10 full time workers and up to 6 temporary longshoremen, in support of permitted timber harvesting activities in the C- Conservation zoning district. The camp will be located on a 1.5 -acre site located within Section 11, T22S, R22W, Seward Meridian; and, To allow a 4 -acre Log Storage Facility to be located on a 29 -acre portion of Section 7, T22S, R22W, Seward Meridian, with room to store timber harvesting equipment and related log transfer facilities, roads, and other ancillary facilities, all to be located with Tracts A & B, Uyak Partition Subdivision, subject to the stipulations contained in the staff report dated May 26, 2010, and to adopt the findings therein as FINDINGS OF FACT for case 10 -019. The public hearing was opened & closed: Testimony was given by Gary Wheeler, National Wildlife Refuge, who stated Thorsheim Creek is the main stream that flows through this parcel and has Sockeye, Coho, and Pink Salmon runs and also supports resident Rainbow Trout, Dolly Varden, and Steelhead. All tidelands around Afognak Island and near shore waters are Federal waters and Federal tidelands. This is part of the Fish & Forest Reserve established in 1897 during the McKinley administration and are managed by the Alaska Maritime National Wildlife Refuge. If this entity wants to establish a logging transfer facility and they want to place structures on the tidelands to allow logs to slide into the water they need a right of way permit from the Fish & Wildlife Service. To date they haven't contacted our agency to get that permit. COMMISSIONER KERSCH expressed concern about the plat not showing any rivers or streams or anything that shows the connection between the lake and river and then when you go to the GIS map there is a connection. During discussion COMMISSIONER WATKINS said he'd like to include in the conditions of approval the right of way permit for the Maritime Refuge to make sure the owners are fully aware and that process is taken care of too. The commission was in consensus. Dvorak said you could add a condition of approval #6. Dvorak stated in response to the chair's comment about changing the character, the focus of this review is on the camp not on the logging operations because it is regulated by the state. If the commission wanted to require some kind of vegetative buffer be left around the camp it would be appropriate but probably not appropriate to require around streams. COMMISSIONER WATKINS MOVED TO AMEND the stipulations conditions of approval to add item #6 A right of way permit from the Alaska Maritime Wildlife Refuge for tideland access needs to be obtained prior to zoning compliance example log transfer facilities. ROLL CALL VOTE ON THE AMENDMENT TO THE MOTION CARRIED UNANIMOUSLY Page 4 of 7 ROLL CALL VOTE ON THE MOTION AS AMENEDED FAILED DUE TO A LACK OF QUORUM: THE AYES WERE COMMISSIONER WATKINS AND COMMISSIONER TORRES. THE NOES WERE CHAIR KING, COMMISSIONER JANZ, AND COMMISSIONER KERSCH. COMMISSIONER TORRES MOVED to postpone findings of fact until the July 21st Planning & Zoning regular meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was no old business. NEW BUSINESS A) Review of the Planning & Zoning Bylaws Dvorak stated the commission published proposed changes to their Bylaws at their last regular meeting. This month the Bylaws are back for the commission to take action on. Staff did get a legal opinion and last week distributed a revised legal opinion. There is no reason why you can't move forward with your proposed comment deadline. COMMISSIONER TORRES MOVED to accept the changes to the Planning and Zoning Bylaws as written and move them on to the Assembly for approval. ROLL CALL VOTE CARRIED UNANIMOUSLY CHAIR KING stated this needs to get out to the public that one of the changes to our Bylaws is "The commission shall not consider any new information submitted less than 15 days prior to a regular meeting date. New information introduced after the 15 day deadline may be considered by the commission for action at a future meeting or deferred to staff for study." KING expressed that it is important to get the word out to the public in any way possible. COMMUNICATIONS A) Letter of Courtesy & Advisory re: nonconforming metal container van on property dated April 29, 2010. B) Notice of Appeal filed on Case 10 -016 Dvorak updated the commission on the communications and stated Cassidy had asked him to remind the commission that we need a P &Z representative at tomorrow night's Board of Adjustment meeting, and there are 2 opportunities for travel coming up if commissioners are available; and there may be a seat or 2 available on the ACMP flight scheduled by the end of the month, and a flight down the Karluk drainage with a meeting in Karluk. CHAIR KING stated he will be at the Board of Adjustment meeting. COMMISSIONER WATKINS MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • July 14, 2010 work session at 7:30pm in the KIB Conference Room. • July 21, 2010 regular meeting at 7:30pm in the Assembly Chambers. B) Minutes of Other Meetings • April 27, 2010 Parks & Recreation Committee Meeting Minutes • May 11, 2010 Parks & Recreation Committee Minutes Page 5 of 7 COMMISSIONER JANZ MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS Brent Watkins thanked Sam Friedman for consistently being there covering the meetings to get the information out. Friedman requested the commission explain the reasoning behind their votes. Brent Watkins stated he voted yes hesitantly - the timber harvesting is allowed in that area and the hesitation is the extreme jump the land use has taken from potentially refuge to potentially clear cut. He thinks it is a shame to do that to the drainage for that lake. Alan Torres stated he thinks we made a mistake on this logging case. He feels personal beliefs got in the way. This case was to allow a camp in a log transfer site. This commission has no authority to deny a permit for logging if it's acceptable in the zoning. Bill Kersch stated the maps weren't accurate, and staff didn't adequately identify property ownership on the east or west side of this property. They said it was "in flux, property is in transition." How can you properly notify someone that their land use next to them is going to be changed if we don't actually know who owns the land. COMMISSIONER KERSCH stated Dvorak's quote was "property over there is in flux" and "the property is in transition." In response to COMMISSIONER TORRES inquiry of was all the property owners possibly in conjunction with that mailed that the borough is aware of, Dvorak stated we notified all the adjoining property owners. He wasn't able to identify which parcels went with which ownerships but he believe we did notify the property owners and met the requirements of the code. Dave King stated his vote wasn't based on the logging itself. He comes from the largest logging state in the country and he has nothing against it as long as it's done properly. There is nothing there that says it's going to be done properly. KING'S concerns were was the proper people notified including Alaska Maritime because he knows the tide grounds belong to the Feds. He has concerns about the roads and gravel use in the camp itself because they are going to have to put up pads to put the buildings on, special material for septic tanks and leach fields, and he just needs more information. A mining permit on the beach is another thing they would have to take up with Alaska Maritime. Casey Janz stated she felt with the maps being inaccurate and even the most supposedly accurate one was not accurate with the lack of showing the rivers or creeks. Dave King said the salmon streams bothered him too because it appeared on some maps and not others. He doesn't know where it is in relation to the property being used for the camp. He also said there was nothing about the septic system being engineered and he's not sure where the salmon stream is in regards to the septic leach field. Bill Kersch said it would be a good place to get some better aerial photos or do a fly by. Dvorak said perhaps a different outcome might have occurred if better information had been presented but instead of asking for more information and postponing the case you've denied the case and now you have to make findings at the next meeting. It sounds like the question of the maps; the question of the information is really staff's responsibility rather than the petitioner's request that provided the camp information. Dvorak that's one of the best camp plans he's seen Page 6 of 7 come forward. The case is denied now and on the basis of bad information and staff could have provided had we known that was what you were looking for. Dvorak stated that Smith told him if they wished they could reconsider. COMMISSIONER TORRES MOVED to recess for 5 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING reconvened the meeting at 8:58 p.m. COMMISSIONER JANZ MOVED to reconsider the vote for 10 -019. COMMISSIONER WATKINS stated he has 4 issues listed: the gravel extraction for the pad and roads, the Alaska Maritime Refuge being notified, the mapping, and the contiguous ownership. ROLL CALL VOTE FAILED DUE TO A LACK OF QUORUM. THE AYES WERE COMMISSIONER WATKINS, COMMISSIONER JANZ, AND COMMISSIONER TORRES. THE NOES WERE CHAIR KING AND COMMISSIONER KERSCH. ADJOURNMENT COMMISSIONER KERSCH MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING the meeting is adjourned at 9:02 p.m. KODIAK ISLAND BOROUGH P LANNING & ZONING COMMISSION Dave King, Chair ATTEST By: CcbeiDn, Sheila Smith APPROVED: July 21, 2010 Page 7 of 7