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2011-04-20 Regular Meeting EilUE KODIAK ISLAND BOROUGH I r — D PLANNING & ZONING COMMISSION MINUTES I MAY 2 3 2011 i J I April 20, 2011 6:30 p.m. in the Asse bl G ambens {($OFFICE CALL TO ORDER CHAIR TORRES called to order the April 20, 2011 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Alan Schmitt is out of town and requested to be excused. Dave King is also out of town and requested to be excused. Commissioners present were Brent Watkins, Casey Janz, Bill Kersch, Alan Torres, and Jay Baldwin. Excused were Alan Schmitt and Dave King. A quorum was established. COMMISSIONER WATKINS MOVED to excuse COMMISSIONERS SCHMITT and KING. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Duane Dvorak and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the April 20, 2011 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the March 16, 2011 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case S11 -009. Request preliminary approval, according to KIBC 16.40, of the replat of Alaska Tideland Survey (ATS) 87, U.S. Survey 1974 and Lot 3, Block 12, U.S. Survey 4871, creating Ouzinkie Harbor Subdivision, Tracts A, B and C. The applicant is the City of Ouzinkie and the agent is PND Engineers Inc. The location is the Ouzinkie Harbor and the zoning R1- Single Family Residential (uplands only). Dvorak reported 114 public hearing notices were sent out for this case and no responses were returned. The purpose of this plat is to adjust some boundaries between the City of Ouzinkie April 20, 2011 Page 1 of 8 Planning & Zoning Minutes and Ouzinkie Native Corporation in order to accommodate a project to replace their dock. Staff recommends approval of this request with 2 Conditions of Approval. COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of the replat of Alaska Tideland Survey (ATS) 87, U.S. Survey 1974 and Lot 3, Block 12, U.S. Survey 4871, creating Ouzinkie Harbor Subdivision, Tracts A, B and C, subject to two (2) conditions of approval and to adopt the findings contained in the staff report dated March 30, 2011 as FINDINGS OF FACT for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion CONDITIONS OF APPROVAL 1. Plat a 40 foot wide road and utility easement along the full width of Tract B along the Second Street right -of -way. If desirable, this easement could also be extended along a portion of the west side boundary in order to provide a connection to First Street. 2. Ensure that a rezone for Tracts A, B and C, Ouzinkie Harbor Subdivision is initiated prior to final plat approval. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 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 COMMISSIONER WATKINS MOVED to initiate a rezone investigation for proposed Tracts A, B and C, Ouzinkie Harbor Subdivision, from R1- Single - family Residential to I- Industrial. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S11 -010. Request preliminary approval, according to KIBC 16.40, of the subdivision of Lot 2A, Block 1, Holland Acres 1st Addition creating Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A -5, 2A -6, 2A -7, and 2A -8, Block 1, Holland Acres 1st Addition. The applicants are Art & Arlene Zimmer and the agent is St. Denny Surveying. The location is 170 Island Lake Road and it is zoned B- Business. Dvorak reported 32 public hearing notices were sent out and no comments were returned. Staff recommends postponement until next month; the plat has raised questions and the applicant has requested postponement due to being out of the country. COMMISSIONER BALDWIN MOVED to postpone a request for preliminary approval, according to KIBC 16.40, of the subdivision of Lot 2A, Block 1, Holland Acres 1st Addition creating Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A -5, 2A -6, 2A -7, and 2A -8, Block 1, Holland Acres 1st Addition, until the May 18, 2011 agenda. The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY April 20, 2011 Page 2 of 8 Planning & Zoning Minutes C) Case 11 -021. Request a review of a land disposal, according to KIBC 18.20 (Borough Real Property) to consider a disposal for less than fair market value of approximately four (4) acres of land, the exact boundaries of which will be determined by future survey, for the development of a new State of Alaska office building for use by the Alaska Department of Fish & Game, to be located on a portion of Lot B -lA, U.S. Survey 4947, (Plat 2010 -8), generally located on Near Island at 200 Trident Way. Zoning is PL- Public Land Use. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 301 Research court, Near Island and it is zoned PL- Public Land Use. Dvorak reported 4 public hearing notices were sent out and 1 comment was received indicating no objection. Staff recommends forwarding this request with a favorable recommendation. There has been a survey done in preparation of a lease. This lease will allow the construction to begin and then at some point after the building is completed it's intended to more formally dispose of the building and the land that it sits on to the State. CHAIR TORRES stated maybe we should leave it at 4 acres instead of putting it at 2.88. Smith stated she already changed it in the resolution for signing. COMMISSIONER WATKINS MOVED to adopt the following resolution containing a positive recommendation to the Borough Assembly regarding the land disposal reviewed by the Planning & Zoning Commission in Case 11 -021. Close regular meeting & open public hearing: Bob Scholze, Kodiak Island Borough Resource Management Officer spoke in support of this request. Close public hearing & open regular meeting: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 11 -023. Request a rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1 -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 10986 Chiniak Drive & 11629 Kalsin Drive, and the zoning is PL- Public Use Land. Dvorak reported 40 public hearing notices were sent out and 6 comments were received generally in opposition to the request. Staff recommends this request be approved and forwarded to the Assembly with a recommendation for approval. Staff also recommended an effective clause that the zoning would not be effective until the plat is filed. COMMISSIONER WATKINS MOVED to grant rezone, according to KIBC 17.205, Lots 1, 2, and 3, Lake Orbin Subdivision, as depicted in the preliminary plat submitted in related Case No. S11 -012, from PL- Public Use Land to RR1 -Rural Residential One, subject to one condition of approval; and to adopt the "Findings of Fact" in the staff report dated April 8, 2011 in support of this recommendation. Close regular meeting & open public hearing: April 20, 2011 Page 3 of 8 Planning & Zoning Minutes John Isadore, Womens Bay Service Area Board Member and private citizen, stated he's opposed to this rezone and reminded the commission of the petition submitted in 2002 when this property was up for disposal. He said this is one of the last remaining greenbelts that is used by many residents, and it's a drainage area. This area cost the Service District about $100,000 to repair culverts and dig ditches, and the borough paid twice for the house that was flooded twice in this area during 2002 that was disposed of and sold. The contractors did minimal grading and put in insufficient culverts. He asked that before it's disposed of that the commission look at this property because 2 out of 3 of the lots are buildable but there is a salmonoid stream that runs into the pond which is a perfect retention pond. The drainage needs to be worked out. Dave Rittenhouse stated he's opposed and it should be left as a greenbelt because it's important as a buffer for noise, wildlife, drainage, berry picking, and hiking. We need to keep it as is. Alicia McEwan spoke in opposition and stated she bought the house across and up the hill from the subject property with the understanding that this was public use land and that it wouldn't be called into question of a rezone again. She feels the open space is important. Dave Hueman, Womens Bay Service Area Board Member, stated he met with Scholze last week to look at the lots. We have drainage issues from the last land sale the borough had. His concern is that a drainage plan is understood, enforced, and enacted if this land does get sold so the service district is not stuck with the bill or without resources. He said, as a private citizen, he can understand the resident's concern when you purchase property and see it is public use and then it gets changed which can affect your quality of life. Bob Scholze, agent /applicant, stated this disposal has been considered for 10 years. The Assembly reaffirmed their interest in proceeding and doing it right. More than half the property is being retained as public use for protection of the drainage and pond area. Conditions of Approval were built around Fish & Game's recommendations. Designation of this property as residential on the proposed future land use map of the KIB Comp Plan supports rezone to RR1. The preliminary subdivision design proposes 3 lots in the 60- 70,000 square foot range which exceeds the 40,000 sq. ft. minimum. The intent was to utilize that land to make it available to future land owners and retain the quality of life and neighborhood characteristics as much as possible. Each lot will provide good building sites, and suitability of soils for wells and septic will be confirmed by engineering as part of the preliminary subdivision review and conditions of approval. This is consistent with implementation action recommended to achieve the land use goal for the Womens Bay contained in the Comp Plan. Scholze was on site Friday with the borough manager and talked with Dave Neuman and Dave Conrad about drainage issues and concerns. Close public hearing & open regular meeting: En response to COMMISSIONER KERSCH'S inquiry of has the residents of Womens Bay ever asked to have that area converted to parklands, Dvorak said the last time we had a lot of public input on this kind of issue was when the Womens Bay Plan was done. The Jack & Lee Lakes area was a big part of that discussion that's a very prominent reference in the Womens Bay Community Plan but he doesn't recall any specific discussions about Tract G & H. April 20, 2011 Page 4 of 8 Planning & Zoning Minutes Dvorak state the Assembly determined it was surplus to the public's need and Tracts G & H, the subdivision would create 3 lots and the remainder of Lot 4 would be 4.1 acre with the pond area and drainage corridor. The idea of how it's disposed of is up to the Assembly. During discussion, the commissioners wanted to get to the subdivision since the rezone hinges on the subdivision being recorded. COMMISSIONER KERSCH said the residents have the option to purchase this property and make it a park if we dispose it. CONDITION OF APPROVAL 1. This rezone shall become effective upon the recording of the plat subject to this request. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The PL- Public Use Land zoning district is intended only for lands that are publicly owned and the allowable uses are not compatible with private land ownership. This land was designated surplus to the public's need by the Kodiak Island Borough Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural Residential One is consistent with the Assembly's disposal policy. The RR1 -Rural Residential One zoning district permits uses and structures that are compatible with existing residential developments in the surrounding area. These residential uses are consistent with the intent of the 1982 Womens Bay Comprehensive Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The 1982 Womens Bay Comprehensive Plan provides guidance. Per that plan, those lands not designated for Commercial, Industrial or Public use, are intended to be used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is appropriate, and supports private ownership and eventual development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E) Case S11- 012. Request Preliminary approval, according to KIBC 16.40, of the replat of Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, to create Lots 1, 2, 3 and 4, Lake Orbin Subdivision. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 10986 Chiniak Drive& 11629 Kalsin Drive and the zoning is PL- Public Use Land. Dvorak reported 40 public hearing notices were sent out and 4 comments were received generally in opposition. Staff recommended approval subject to 7 conditions; however, last Friday the Resource Manager and the Borough Manager went out and met with the representatives of the Service District Board and the Voluntary Fire Department. They made some field observations which led them to believe it would be advisable to make some modifications to the plat. A written request to postpone has been received to allow for some minor changes to the plat based on the field observations. In response to CHAIR TORRES'S inquiry of whether there is enough time to get it on the May agenda, Dvorak stated if the changes are substantial and a variation of the theme that you have seen tonight then the commission will know to postpone it even further and re- advertise it. Staff can't say until we see what it actually looks like. April 20, 2011 Page 5 of 8 Planning & Zoning Minutes COMMISSIONER WATKINS MOVED to postpone Case S11 -012 until the May 18, 2011 regular meeting. Close regular meeting & open public hearing: Bob Scholze stated the design changes to be made will address the agency concerns that came up and the surveyor will do additional survey work. The changes will be minor in nature but very important. They're intended to address the protection of the creek, drainage, road improvements based on road impacts, driveway locations will be specified and designated on the plat, culvert size, and optimum and suitable building sites. In response to COMMISSIONER WATKINS'S inquiry of the amount of work needed to be done to Alitak and the location of new driveways compared to where the two existing driveways are off of Alitak onto lots (inaudible) kind of reference points, Scholze stated he's directed the surveyor to locate on the preliminary plat where those concrete foundations are that served for barracks in the 40's and the driveways. The only driveway that will come from down below off Middle Bay Drive will be Lot 2 and we did find a suitable area that will work with the right size culvert, a 30" culvert to accommodate drainage impacts. Lot 4 was never intended for any kind of disposal. COMMISSIONER JANZ requested clarification with any changes that occur it doesn't sound like there will be any change to the platted lots down here, it's going to be more driveway oriented, Scholze said there will be some lot line changes probably to protect more of the drainage area or slope area so the lot sizes may be reduced a bit but will be more than the minimum. We may dedicate some of Lot 1 on the corner to right -of -way or road easement for improvement of the road. Close public hearing & open regular meeting: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS There was no communications. REPORTS A) Meeting Schedule: The next 2 meeting will be the May 11, 2011 work session at 6:30 p.m. in the KIB Conference Room and the May 18, 2011 regular meeting at 6:30 p.m. in the Assembly Chambers. B) Minutes of Other Meetings • February 8, 2011 Parks & Recreation Committee minutes • February 22, 2011 Parks & Recreation Committee minutes C) Abbreviated and Final Approval - Subdivisions April 20, 2011 Page 6 of 8 Planning & Zoning Minutes Dvorak reported on the meeting schedule, Parks & Recreation minutes, and the plat approvals. He also mentioned the Parks & Rec committee is working diligently trying to put out a public hearing draft Trail Plan by next month. He just heard from the Code Revision consultants that we will have a conference call next week and he'll try to set up a schedule for teleconferences which they will be posted to the website. They will be held as public meetings. 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 stated there is a school meeting tomorrow at 4:30 p.m. at the refuge. He's also looking forward to getting this subdivision before us with the modifications. Bill Kersch said if anyone has any free time on May 4, 5, and 6 we are in bad need of chaperones for the Woody Island trip. Casey Janz said the Trails Plan is being worked on diligently and at some point it will be posted on the website and she encouraged the commission to get a packet to read. Dvorak said the consultant is very reluctant to put out a product that isn't completed as the committee is going through the reviews each week and adding new sections the page numbers keep changing and it would be difficult if people started feeding back on this product when it's still in process. In addition, all the tables and maps are just blank placeholders which will also have an impact on the page numbers. The consultant really wants the committee to get through this to where there is a complete draft then they can put it out for 45, 60, or 90 day review and people can make comments. At the end of that time hold public meetings and really go through the plan line by line. The consultant's experience of putting it out before the committee has done their work may open it up to comments that may not be in the final draft and it makes it difficult to match up comments with page numbers. We did hand out copies of the incomplete working draft at the last meeting because we prefer to err on the side of transparency rather than to let people's imaginations run wild. The consultants control the website where everyone is looking for information and they do not want to put stuff on it even though the committee has reviewed it and tentatively approved most of the plan language. Casey Janz also stated that service area districts should also receive notice on these subdivisions. Bill Kersch asked Scholze about the trail shown on the plat goes down to the ocean. Brent Watkins stated it kind of disapears and follows the fence line down and around but that would be outside of what they are looking at. The big concern was hooking up to the maintenance flat on the ocean side of the building so that (inaudible) there was good pedestrian traffic up and through the parking lot and for the people there to get on the trail system. The trail fans out to different spots. Alan Torres said he agrees with Casey on the subdivisions should seek out the responsible service district but also being on a service district we don't meet that often so he can see where a scheduling could be difficult unless they go to a monthly meeting instead of once a April 20, 2011 Page 7 of 8 Planning & Zoning Minutes quarter. He said the Service District 1 gets the agency reviews but they only meet once a quarter. Casey Janz stated that maybe the service districts can talk and come up with an avenue to address that. ADJOURNMENT COMMISSIONER JANZ MOVED to adjourn. CHAIR TORRES adjourned the meeting at 7:50 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By ` Alan Torres, Chair ATTEST By: ©hed On Qc n 6Y O Sheila Smith Community Development Department APPROVED: May 18, 2011 April 20, 2011 Page 8 of 8 Planning & Zoning Minutes