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2011-07-20 Regular Meeting KODIAK ISLAND BOROUGH • n� I. PLANNING & ZONING COMMISSION IJ L • SEP 1 5 2011 MINUTES E BOROUGH CLERK'S OFFICE July 20, 2011 6:30 p.m. in the - Assembly :Chambers CALL TO ORDER CHAIR TORRES called to order the July 20, 2011 regular meeting of the Planning and Zoning Commission at 6:37 p.m. PLEDGE OF ALLEGIANCE • CHAIR TORRES led the pledge of allegiance ROLL CALL Commissioners present were Alan Torres, Brent watkins, Casey Janz, Bill Kershc, Jay Baldwin, Alan Schmitt, and Rick Vahl. Community Development Department staff present was Duane Dvorak and Sheila Smith. A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the July 20, 2011 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the June 15, 2011 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Nat Wales spoke on behalf of his wife, Sara Thayer, reading her statement saying she's opposed to the RR2 rezone. Johnston's 1.14 acre lot is not enough for an RR2 rezone, and the Leisnoi 1.42 acre lot is zoned Conservation. It should be illegal for Leisnoi to sell this land because Conservation zoned land has a minimum lot size of 5 acres and rezoning this land to RR2 should be illegal for this reason. Marilyn Guilmet, Faith Farms, stated there's been agricultural presence in Middle Bay since 1927and there are currently 3 families farming and producing for the community. Guilmet farms, has internet sales, local and other sales throughout Alaska, and sheep. She said the commission is going to destroy agriculture for the community if they continue mixing zoning uses. Guilmet also said there's a court document that says Ms. Pagano may not undertake any transactions outside the usual course of business. Jay Johnston, applicant for Case 11 -027 Reconsideration, stated he has an RR1 property now. It's 1.14 acres and by allowing the rezone to RR2 and adding the 1.42 acre lot to it would allow the continuation of an RR single family zoning, and increasing the lot size actually decreases density. It also puts a piece of property on the tax rolls. PUBLIC HEARINGS A) Case S12 -001. Request preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 5 and 6, Block 4, Miller Point Alaska First Addition Subdivision creating Lots 5A, 5B, SC, 5D, and SE, Block 4, Miller Point Alaska Subdivision First Addition. The applicant is Longrich Enterprises, Inc. The location is 313 Lilly Drive & 3500 Eider Street. The zoning is R2- Two - family Residential. 7/20/2011 P &Z Minutes Page 1 of 16 Dvorak stated 82 public hearing notices were sent out and one response received opposing the request based on perceptions of neighborhood character. Staff views the subdivision proposed as a movement toward conformity with the R2 zoning. In response to COMMISSIONER WATKINS' inquiry of how it works if utilities are laid after the lot and driveway are developed, Dvorak said if it's a utility easement it's available for any certificated utility to use to put public utilities in. COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 5 and 6, Block 4, Miller Point Alaska First Addition Subdivision creating Lots 5A, 5B, 5C, SD, and 5E, Block 4, Miller Point Alaska Subdivision First Addition, subject to two conditions of approval, and to adopt the findings in that staff report dated July 8, 2011 as "Findings of Fact" for case 512 -001. The public hearing was opened. Public testimony was given by: Don Roberts, a Lilly Drive resident opposed this request because the driveways will be on the curve of the road causing accidents. There will be more cars, traffic, dust, and a lot of problems, and Roberts feel it's not beneficial for the people who live there. Joann Goyne, a Lilly Drive resident objected to the configuration of the subdivision. Four of the five R2 lots will have egress onto Lilly Drive and the property is situated on a blind curve. Lilly is connected to the bike trail that goes to the beach and winter bus route to North Star. It's a heavily traveled pedestrian road without sidewalks. There's potential for 20 vehicles for access. Maybe the developer should put in a bike path along that section of Lilly. She also feels there should be view restrictions. Carlos Rio, a Lily Drive resident stated at least 3 of the lots will be leaving the driveway at the blind spot on Lilly Drive. He opposed this request due to the safety issue, and feels the commission should also consider height and view restrictions. The public hearing was closed: In response to COMMISSIONER SCHMITT'S request for clarification on the flagstem, Dvorak stated flag lots are a part of the code Staff has done our checklist and this request meets the minimum standards of Title 16. In response to COMMISSIONER SCHMITT'S concern of the blind spot, the right of way, and whether the service district can do brush clearing in the right of way, Dvorak stated staff notified the service board and they talked to staff about the subdivision but we didn't receive any written comments from the road service district. When the borough eliminated the engineer position the idea was to put the responsibility of engineering or technical design work that needs stamped certification by a licensed professional on the developer. During discussion, COMMISSIONER JANZ expressed that even though we haven't received any written comments, she would support a postponement to have the blind spot looked at again. COMMISSIONER SCHMITT was in agreement with JANZ. In response to CHAIR TORRES' inquiry regarding driveway distances from intersections, Dvorak stated there are corner clearance requirements in the existing code but it doesn't cover curves, it includes intersections of 2 streets. There are separation distance requirements when there's more than 1 driveway accessing a single lot. In response to COMMISSIONER SCHMITT'S request for the applicant to respond to the concerns about the steepness of the acces and visibility for vehicles, Tim Longrich stated the idea was to access Lot 5D and that would also access Lot 5E, it will be a 35 foot driveway. There's supposed to be 20 feet of level ground before it hits the main road. It's on a curve but it's not going to create that much more traffic. There are a few places that have curves with driveways that don't have 20 foot of level ground. In response to CHAIR TORRES' inquiry of is the lower driveway on Lilly Drive used, Longrich stated yes, it's been used it for 20 or more years. 7/20/2011 P &Z Minutes Page 2 of 16 CONDITIONS OF APPROVAL 1. Dedicate a 10 -foot wide electrical easement, 5 feet on each side of the lot line common to proposed lots 5C and SD. 2. The flag stem portion of proposed Lot 5D be designated as a utility easement. 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 CARRIEDS -2. The ayes were Alan Torres, Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noes were Casey Janz and Jay Baldwin. B) Case 12 -001. Request a rezone of Lots 11A and 11B, Block 3, Port Lions Subdivision, according to KIBC 17.205 & 17.120, from R2- Two - family Residential t4 LI -Light Industrial. The applicant is Telco Properties, Inc. The location is 411 Bayview Drive & 413 Rainbow Street, Port Lions. The zoning is R2- Two - family Residential. Dvorak report 36 public hearing notices were sent out. Staff received 5 responses opposed including 1 resolution from the City of Port Lions City Council. Staff didn't find this request for Light Industrial to be consistent with the 1997 Comp Plan for Port Lions which designates this area for residential development. The zoning pattern of the city is consistent with the Comp Plan designation. Staff looked at the history provided by the petitioners. Staff recommends denial of the request but if the petitioner is willing to consider alternatives we would recommend an alternative zone such as Urban Neighborhood Commercial comparable to residential. Dvorak suggested a postponement to give us time to make contact with the petitioner. COMMISSIONER SCHMITT MOVED to postpone action on Case 12 -001 until the August 17, 2011 regular meeting of the Planning & Zoning Commission. The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 12 -002. Request a rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, from R1- Single - family Residential to R2- Two - family Residential. The applicant is Del Lloyd Green. The location is 2713 Spruce Cape Road and the zoning is RI- Single - family Residential. Dvorak reported 27 public hearing notices were sent out and 1 response was received indicating no objection to this rezone. We also received 1 response requesting expansion in the rezone area to include their lot. Staff recommends denial of the applicant's request on the basis that rezoning a single lot where this zone isn't represented on any adjacent or adjoining lot in the area would be considered spot zoning. Staff discussed if the rezone investigation area and if other property owners are interested in this area it may change that perception. COMMISSIONER WATKINS MOVED to postpone action on Case 12 -002 in order to expand the scope of the rezone review to include the investigation of Lots 10A -1, 9A, 9D, 9 C, IOC, 8, 7A, and 7B from R1- Single family Residential to R2 -Two family Residential in addition to the pending review of Lot 10A -2 which has requested to be rezoned from R1-Single family Residential and reschedule this case for a new public hearing on the September 2011 regular meeting agenda. The public hearing was opened & closed. Public testimony was given by: Del Green stated he obtained a petition in support of expanding the rezone area to R2 that includes Lots 7A, 7B, 8, 9C, and 10A, and verbal support of Lot 10C. He feels it would be conducive with providing a buffer between the semi- industrial use at the municipal treatment plant with Rl and provides a buffer from the R3 to R1 areas as well. It's similar to the zoning on the other side of the sewage treatment plant. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 7/20/2011 P &Z Minutes Page 3 of 16 • D) Case 12 -003. Request a Variance, according to KIBC17.195 & 17.90.040 (Building Height) to allow construction of a 13 by 13 foot microwave communications tower 60 feet in height (and related facilities) which will exceed the 50 foot maximum building height in the B- Business zoning district by an additional 10 feet. The applicant is Duncan Fields, and the agent is Dave Burns, Kodiak -Kenai Cable Company, LLC. The location is 3338 Mill Bay Road, and the zoning is B- Business. Dvorak stated this is a Business zoned property in an appropriate location for communication facilities. The issue is for tower height, the maximum height allowance in the Business zone is 50 feet. The petitioner proposed a 60 foot tower and then downsized the tower from what was originally proposed a 13x13 foot tower to a 9x9 foot tower. Although, an overall height of 60 feet was given which is 10 feet above the maximum height in the Business zone the new 9x9 foot tower would be 55 feet tall with a 4 foot handrail so that would 59 feet overall but within the 60 foot as requested. Staff recommends approval. COMMISSIONER BALDWIN MOVED to grant a variance, in accordance with RIB 17.195 & 17.90.040 (Building Height), to allow construction of a 13 by 13 foot microwave communications tower 60 feet in height on Tract E. -2A, U.S. Survey 3218, which will exceed the 50 foot maximum building height in the B- Business zoning district by an additional 10 feet, subject to five (5) conditions of approval contained in the staff report dated July 6, 2011, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The public hearing was opened. Public testimony was given by: Herman Squartsoff stated he's in favor because it's critical to their project with the microwave into Port Lions and Ouzinkie. He's a Port Lions resident, Ouzinkie Native Corporation Board member, and KKCC Board member. Dave Burns, agent with KKCC stated it's staying inland, shooting up to Mt. Herman back into Ouzinkie. It's off the point at Mt. Herman down in a little bit more terrain so it won't be as visible. That site is back up into a hill and it's just goiing over the top of the business buildings that's up along the ridge so it won't be too intrusive. The public hearing was closed: CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. The site developer will minimize the disturbance of natural vegetation and will ensure that natural vegetation is restored to the site within two growing seasons. 3. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural state. 4. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a variance. 5. In reviewing this request, the Commission has substantially relied upon the project description and site plan and application for conditional use submitted by the Kodiak -Kenai Cable Company. The variance, therefore, is specifically limited to the facilities and operational parameters set forth therein. FINDINGS OF FACT 17.66.0SOA.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development. which generally do not apply to other properties in the same land use district. The exceptional physical circumstances or conditions applicable to this property are not typical for a variance, but this site is the only one that would be co- located with the "head end" for the submarine fiber -optic cable that connects Kodiak to the mainland. In addition, this site can, with an additional 10 7/20/2011 P &Z Minutes Page 4 of 16 feet of tower height over what would normally be allowed, can provide a line of sight to Spruce Island thereby making a microwave communication link to Ouzinkie and Port Lions possible. 17.66.050 A.2.Strict a of the z.nin' ordinances would result in . ractical difficulties or unnecessary hardships. Strict application of the zoning ordinance, restricting tower height to fifty (50) feet, would result in practical difficulties or unnecessary hardships which might make it economically unfeasible to provide the proposed broadband communication links to the villages of Ouzinkie and Port Lions. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudic other properties in the vicinity nor be detrimental to the public's health, safety and welfare. The proposed 60 foot tower will be a substantial structure which may create some visual or aesthetic impact along the Rezanof Drive corridor. For this reason staff has recommended the inclusion of certain conditions which are similar to those typically applied to towers allowed by conditional use permit on Pillar Mountain and in other exposed locations on the road system. By applying these conditions of approval there should be no material damage or prejudice to other properties in the vicinity of the tower site or detriment to the public health, safety and welfare as a result of increasing the maximum height of this tower by 10 feet. 17.66.050 A.4.The uniting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to objectives of the Comprehensive Plan as business /service use is permitted in this zoning district. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. No action of the applicant caused special conditions or financial hardship necessitating the variance. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use as radio stations and other communications and utility facilities are routinely allowed in the B- Business zoning district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E) Case 12 -004. Request a Conditional Use Permit, according to KIBC 17.200 & 17.50.040.H, to allow the construction of a passive microwave communication repeater to provide a broadband communication link between Port Lions and Ouzinkie. The applicant is Ouzinkie Native Corporation. The agent is Dave Burns, Kodiak -Kenai Cable Company, LLC. The location is Course Point, located at LAT 57 53' 01.74" N & Long 152 29' 15.45 "W, within Section 35, T26S R2OW, Seward Meridian, and the zoning is C- Conservation. Dvorak stated 12 public hearing notices were sent out and no replies were received. The request is to establish a passive repeater related to the microwave communication project referred to in the previous case. This site will be located between Ouzinkie and Port Lions. There won't be any electronics required but it's a large reflecting surface like a mirror to reflect the microwaves from one point to another. The overall height will be 35 feet which is below the 50 foot maximum for structures in the zone. Staff recommends approval subject to 6 conditions. COMMISSIONER JANZ MOVED to grant a conditional use permit, according to KIBC 17.200 & 17.50.040.H, to allow construction of a passive microwave communication repeater at Course Point, located within Section 35, T26S, R2OW, Seward Meridian, in order to provide a broadband microwave communication link between Port Lions and Ouzinkie, subject to six (6) conditions of approval contained in the staff report dated June 7, 2011, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The public hearing was opened. Testimony was given by: Herman Squartsoff stated this will help them a lot with their communications and he's in favor. 7/20/2011 P &Z Minutes Page 5 of 16 In response to COMMISSIONER KERSCH inquiry of which option was chosen, Burns replied the Arctic model that will withstand 122 miles an hour of wind with 4 inches of radial ice. They don't think that the elevation of Mt. Herman will generate that level of ice loading. In response to COMMISSIONER JANZ' inquiry of what the elevation is, Burns said it is 1299 feet at the survey point where the repeater will be located. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. The site developer will minimize the disturbance of natural vegetation and will ensure that natural vegetation is restored to the site within two growing seasons. 3. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural state. 4. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a Conditional Use Permit. 5. The landowner and /or developer, within 6 months of the date of Commission approval, shall develop and submit to the Community Development Department a revised and updated site plan with GPS coordinates of the site boundary and the actual location of the proposed facilities. 6. In reviewing this request, the Commission has substantially relied upon the project description and site plan and application for conditional use submitted by the Kodiak -Kenai Cable Company. The conditional use, therefore, is specifically limited to the facilities and operational parameters set forth therein. FINDINGS OF FACT 17.67.05 A. That the conditional use will ' reserve the value s I irit charact• r and in a • rit of the surrounding area. Similar communication and utility facilities on Pillar Mountain and other locations such as the one connecting Narrow Cape and Pasagshak have existed for many years serving the Kodiak community. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 17 67 05 B That the conditional u fulfills all other requirements of this chapter pertainin to the conditional use in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the Ouzinkie Native Corporation exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. 7/20/2011 P &Z Minutes Page 6 of 16 This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 17.67.05 D. That sufficient setbacks. lot area. b or other sa feguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by distance, topography and vegetation from residential areas. The contiguous land ownership of the Ouzinkie Native Corporation far exceeds the minimum of area of five acres required by the C- Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F) Case 12 -005. Request a Conditional Use Permit, according to KIBC 17.200 & 17.50.040.H, to allow the construction of a passive microwave communication repeater to Ouzinkie and Port Lions. The applicant is Ouzinkie Native Corporation and the agent is Dave Burns, Kodiak -Kenai Cable Company, LLC. The location is Mt. Herman, located at LAT S7 54' 40.92" N, LONG 152 24' 10.97" W, within Section 20, T26S R19W, Seward Meridian, and the zoning is C- Conservation. Dvorak stated 38 public hearing notices were sent out and 1 reply in favor. This case is similar to the previous case but with a different location. The equipment is identical. Mt Herman is at the 1299 elevation rather than Course Point that is at 1430. Basically, it has the same kinds of potential impacts and concerns addressed by the same conditions of approval. COMMISSIONER SCHMITT MOVED to grant a conditional use permit, according to KIBC 17.200 & 17.50.040.11, to allow construction of a passive microwave communication repeater at Mt. Herman, located within Section 20, T26S, R19W, Seward Meridian, in order to provide a broadband microwave communication link between Kodiak and Ouzinkie, subject to six (6) conditions of approval contained in the staff report dated June 7, 2011, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The public hearing was opened. Public testimony was given by: Herman Squartsoff spoke in favor of the request. Dave Burns is here if there are any questions. The public hearing was closed: CONDTIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. The site developer will minimize the disturbance of natural vegetation and will ensure that natural vegetation is restored to the site within two growing seasons. 3. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural state. 4. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a Conditional Use Permit. 5. The landowner and /or developer, within 6 months of the date of Commission approval, shall develop and submit to the Community Development Department a revised and updated site plan with GPS coordinates of the site boundary and the actual location of the proposed facilities. 6. In reviewing this request, the Commission has substantially relied upon the project description and site plan and application for conditional use submitted by the Kodiak -Kenai Cable Company. The conditional use, therefore, is specifically limited to the facilities and operational parameters set forth therein. 7/20/2011 P &Z Minutes Page 7 of 16 FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Similar communication and utility facilities on Pillar Mountain and other locations such as the one connecting Narrow Cape and Pasagshak have existed for many years serving the Kodiak community with minimal conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area, 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the Ouzinkie Native Corporation exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, lately. convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by distance, topography and vegetation from residential areas. The contiguous land ownership of the Ouzinkie Native Corporation far exceeds the minimum of area of five acres required by the C- Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER KERSCH MOVED to recess for 5 minutes at 8:22 p.m. VOICE VOTE CARRIED UNANIMOUSLY CHAIR TORRES reconvened the meeting at 8:30 p.m. G) Case 12 -006. Request a Rezone, in accordance with KIBC 17.205 to consider a change in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), from R1- Single - family Residential to PL- Public Use Land; and, A prospective Variance in accordance with KIBC 17.195 & 17.130.060 (Building Height) to allow a 13 by 13 foot microwave communications tower (and related facilities) 70 feet in height which will exceed the 50 foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. The applicant is the Kodiak Island Borough and the agent is Dave Burns, Kodiak -Kenai Cable Company, LLC. The location is Tract C, Block 2, U.S. Survey 4871 and the zoning is R1-Single-family Residential. Dvorak reported 45 public hearing notices were sent out and no replies were received. There are multiple requests; a rezone, a variance, and a site plan review. The zoning appeared out of synch with allowing for utilities. Schools are permitted in the R1 zone, the community school is located on this 13 acre site, in 7/20/2011 P &Z Minutes Page 8 of 16 addition there's a 200,000 gallon water storage tank that was allowed in 1987 by an Exception procedure. The Assembly approved a disposal of land for a large easement to encompass the storage tank, access road, and utilities that would serve this. The easement was never recorded and when the Exception went away the water tank became a non - conformity in the R1 zone. It's grandfathered but it can't be expanded or added onto. This new tower proposal is an expansion of a utility use which isn't allowed in the R1 zone and that's why staff recommended this land be rezoned to Public Use Land. We've looked at the Ouzinkie Comp Plan and believe this request to be consistent with the plan. Staff recommends the commission forward this request to the Assembly with a favorable recommendation. There's also a request for a tower height Variance based on an assumption that the zone will change to Public Use Land. The PL zone has a maximum structure height allowance. Kodiak -Kenai Cable Company has proposed a tower that will be 70 feet tall, 20 feet higher than the allowable 50 foot. This path chosen to serve Ouzinkie and Port Lions utilized lower elevations overall but also requires strategic location taller tower. Dvorak stated he didn't see it until right before the meeting but there's an email between Dave Burns and Herman Squartsoff referring to a 25 foot setback of variance. Staff recommended postponement of the Tower Height Variance and Site Plan to expand the scope of review to include the setback Variance so it can be advertised properly and bring it back to you at your August meeting. The commission was in consensus of a special mailing to get this into play and not mess up the timing of the project. Dave Burns stated he appreciates the concern and the rezone will be going to the Assembly August 18th and this would only push us back to getting the Height Variance and the Setback Variance to build inside the 25 feet. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract C, Block 2, U.S. Survey 4871 from R1 - Single Family Residential to PL- Public Use Land, subject to the findings contained in the staff report dated June 8, 2011 as "Findings of Fact" for this case. The public hearing was opened. Public testimony was given by: Bob Scholze stated he represents the Kodiak Island Borough. The variance issue is best to be postponed, the City of Ouzinkie has passed by resolution a request to make a disposal for less than fair market value but it has not been approved by the Assembly yet therefore, it still remains borough property at this time. Herman Squartsoff stated KKCC and Ouzinkie are in favor of the request. Sharatine Mountain has not been abandoned yet. There's an insurance claim on it. It was left out for another year to see if it will build up ice like it did the first year, and it did. Dave Burns stated KKCC plans to pull the structures down and restoring that site. Kodiak -Kenai Cable Company will probably come back to ask permission to leave the foundation in place in case something changes in the type of technology that can be put up there but that would just be very low footings that you wouldn't be able to see them unless you are on top of them. It would be in a sense of returning it to its natural state but we will go back to rectify that according to the requirements of the conditional use in the future as needed. Dan Clarion stated the City of Ouzinkie has been waiting for cell phone service for a long time and we feel it's crucial to public safety because we deal with issues all the time. If this tower doesn't go up the whole thing falls apart. It will serve the village of Port Lions and Ouzinkie. We often respond to emergency sinking boats and boats hitting rocks. Ouzinkie narrows is one of the most travelled water routes on Kodiak Island for shipping and recreational use. We encourage the commission and assembly to approve this request. Discussion REZONE FINDINGS OF FACT U17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the development of new communications infrastructure that could make data and voice communications less expensive and more capable that current services. The extension of these services may also benefit other areas around the 7/20/2011 P &Z Minutes Page 9 of 16 community and marine vessels transiting close to the community. Improving communications to and from the community could also provide additional public safety benefits similar to those enjoyed on the Kodiak road system where wire line communications are not currently available. U17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Public Use. A rezone from R1- Single- family Residential to PL- Public Use Land is consistent with this designation which will make this site suitable for conforming government and infrastructure uses in addition to the existing community school use while eliminating the nonconformity of the existing public water storage tank and related facilities. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to postpone to the August 17, 2011 regular meeting of the Planning & Zoning Commission the variance and site plan request for this case. COMMISSIONER SCHMITT requested that it be noted that the intent is to postpone the 25 foot side yard setback variance which is what requires the supplemental mailing, and the commission will allow comments to be submitted after the comment deadline. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY H) Case S12 -002. Request a Preliminary approval, according to KIBC 16.40, of the re- subdivision of Tract B -1 -A, U.S. Survey 4947, per plat 2010 -8, creating Tracts A & B of Tract B -1 -A, U.S. Survey 4947. The applicant is Kodiak Island Borough and the agent is Bob Scholze, KIB Resource Management Officer. The location is generally on Near Island above Trident Basin, 301 Research Court. The zoning is PL- Public Use Land. Dvorak reported 4 public hearing notices were sent out and no responses received. This request is related to the Fish & Game building project that the commission has seen in various other forms. This case involves some discretion on your part because the site proposed doesn't have legal and physical access to a Right -of Way on its own; it's going to gain access through the site that currently has developed with the KFRC facility and there are reasons why that configuration has been chosen. This will be developed kind of like a business park where you have multiple structures addressed through a common driveway. COMMISSIONER SCHMITT MOVED to grant a waiver of subdivision design, per Kodiak Island Borough Code 16.110.010, allowing for the re- subdivision of Tract B -1 -A, U.S. Survey 4947, per plat 2010 -8, creating Tracts A & B of Tract B -1 -A, U.S. Survey 4947. The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the re- subdivision of Tract B -1 -A, U.S. Survey 4947, per plat 2010 -8, creating Tracts A & B of Tract B -1 -A, U.S. Survey 4947, subject to one condition of approval, and to adopt the findings in that staff report dated July 8, 2011, as "Findings of Fact" for case S12 -002. Discussion COMMISSIONER WATKINS MOVED TO AMEND motion to add a 2 condition of approval that reads "All trails on this plat be shown by GIS coordinates." COMMISSIONER WATKINS stated we do have public trails crossing this lot in upland areas and close to the road. Several trails that have not been identified on the plat and we've been informed that that there is no expertise in staff in locating these trails. The borough has the equipment and the staff to get these coordinates to get these trails locked in. The public has been trying to get these Near Island trails locked in in for 20 years and this seems like a good opportunity. 7/20/2011 P &Z Minutes Page 10 of 16 CONDITIONS OF APPROVAL 1. The applicant must provide updated parking plans for departmental review prior to final plat recording. 2. All trails on this plat be shown by GIS coordinates. 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 TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY I.) Case 12 -007. Request a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land. The applicant is the City of Akhiok, and the agent is Bob Scholze, KIB Resource Management Officer. The location is Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite, and the zoning is RNC -Rural Neighborhood Commercial. Dvorak stated this case is an ongoing effort by the City of Akhiok to convey to the Kodiak Island Borough a home in Akhiok that's been used as a teacherage. It wasn't owned by the borough and in the process of doing the plat and the conveyance it was discovered the property is zoned RNC that has a 2 acre minimum lot size which makes the subdivision proposed unable to be completed in this proposed configuration. The rezone would make the zoning of this parcel Public Use Land which would conform the use of the property. Staff recommended forwarding this to the Assembly with a recommendation of approval. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land, and to adopt the "Findings of Fact" in the staff report dated July 8, 2011as Findings of Fact for Case No. 12 -007. The public hearing was opened & closed: There was no public testimony. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District In PL- Public Use Zoning District will eliminate a nonconformity while more appropriately supporting the public use of the existing facilities on the property. 17.72.020 B. Findings as to the Effect a Chance or Amendment would have on the Obiectives of the Comprehensive Plan. The rezone of Block 4 Lot 1 Akhiok Townsite frsm R -1 Single Family Residential Zoning District t4 PL- Public Use Zoning District will not have a negative impact upon the current comprehensive plan. A rezone to PL- Public Use Zoning District recognizes, and advances the objectives of the Kodiak Island Borough 2008 Comprehensive Plan Updates as it relates to the Village of Akhiok. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS COMMISSIONER BALDWIN requested to be recused from the two Old Business items due to a conflict of interest. A) Case 11 -027. Request Reconsideration of the vote for Case 11 -027 requesting a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One Lo RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an 7/20/2011 P &Z Minutes Page 11 of 16 adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. (Requested Commissioner Watkins and Commissioner Schmitt). Dvorak reported the 2 cases have 1 staff report. The commission held 2 public hearings on these last month and both cases were failed; votes were changed with the intent to give notice of reconsideration. A notice of reconsideration was filed the following day therefore; these cases come back for reconsideration. Staff provided you with a memorandum to step the commission through the process. COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. I voted against this motion. CHAIR TORRES read the original motion into the record. ROLL CALL VOTE ON MOTION CARRIED 4 -2. The ayes were Alan Torres, Brent Watkins, Alan Schmitt, and Rick Vahl. The noes were Casey Janz and Bill Kersch. Dvorak stated he researched their questions from last week and found that regarding the status of sub- surface rights, he has a copy of the certificate to plat that was submitted with the preliminary plat. The related case that kind of preceded the rezoning or instigated the rezoning need and it states clearly that in the ANCSA conveyance of the Leisnoi parcel that they did not receive the sub - surface rights. With regards to ANCSA tax recapture Dvorak consulted with the Borough Assessing Department which gave him a 9 page Native Claims Settlement Act guidelines and there's a section in the back that talks about tax recapture upon subdivision plat recordation that basically allows the borough to go back 30 months from the time of recording at current property market values get what is referred to as tax recapture from these properties. On the final plat there's a certification block executed by the Borough Clerk's Office certifying that the taxes have been paid. In the case of tax recapture, the Assessing Department produces a special tax bill establishing a market value of the property and providing a year by year recapture analysis that is given to the native corporation property owner before they file their plat to ensure they really want to go through the process. The plat will not be recorded until or unless the tax recapture is paid. COMMISSIONER SCHMITT MOVED to recommend a rezone from RR1 -Rural Residential One W RR2 -Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. In response to CHAIR TORRES'S inquiry of what lot and how big was it that was sold previously, Dvorak stated it was 9.5 acre and it's from the same general area. Discussion regarding the RR2 zone versus Conservation zone and the Comp Plan, and moving toward conformity. In response to CHAIR TORRES' inquiry of is the next case not being requested to rezone to Conservation because you can't sell that small of a Conservation lot, Dvorak stated if you look at the map on page 5 of 6 there's an illustration of 2 little red parcels. The one in front between the Old Rendezvous site and the Right -Of -Way isn't a parcel, it just looks like it because he put red lines around it. Almost all other lots own the frontage up to the road Right -Of -Way except there is a gap here because there isn't a parcel there. There is no way to get 5 acres out of this parcel and Leisnoi isn't able to sell a part of the Right -Of -Way that's already been granted to the State. It's a landlocked parcel in a sense. Variances are reserved for when there is absolutely no other alternative, and in this case staff feels there is another alternative and moves as far as the Comp Plan as possible. It is moving more toward conformity with RR2 zoning and has moved as far as possible. EFFECTIVE CLAUSE The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. 7/20/2011 P &Z Minutes Page 12 of 16 FINDINGS OF FACT A. Findin • s as to need and 'us ification for a char'. e or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case 511 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 - Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Casey Janz. B) Case 11-028. Request Reconsideration of the vote for Case 11 -028 requesting a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation W RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 - Rural Residential Two zoned lot. (Requested Commissioner Watkins and Commissioner Schmitt). COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. CHAIR TORRES read the original motion into the record. Brief discussion ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Casey Janz. When asked if anyone wished to change their vote, Bill Kersch changed his vote from noe to aye. COMMISSIONER SCHMITT MOVED to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. Brief discussion In response to CHAIR TORRES' inquiry about the rezone can't be finalized until the plat is recorded, Dvorak stated that's correct, the Old Rendezvous is only 1 acre and for the same reasons we don't recommend allowing a Conservation lot less than 5 acres to be created, we can't allow a 1 acre lot to be RR2 for the same sort of rationale. We recognize the way these cases are linked and the only reason we're addressing this is the proposal to join them together. They are coming from 2 different zoning districts and the approval of the preliminary plat did not specify a particular zone, it just said it had to be 1 zone. They will have 24 months to meet the conditions of approval or it becomes null and void. It would be possible with commission discretion to grant extensions of preliminary plat approval when unexpected 7/20/2011 P &Z Minutes Page 13 of 16 circumstances like lawsuits or other reviews outside the developer's control by State or Federal agencies and those kinds of things are required and for whatever reason they don't come to fruition in the 24 month timeframe. In most cases, an extension of preliminary plat approval is a formality unless something significant has changed in the area or perhaps the code has changed. In response to COMMISSIONER SCHMITT'S inquiry of when the applicants present the final plat, Leisnoi will have to sign off on the plat, Dvorak said yes, Leisnoi and Johnston both will have to sign. EFFECTIVE CLAUSE The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. FINDINGS OF FACT C. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. D. Findings as to the effect a change or amendment would have on the obiectives of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 - Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Casey Janz. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory re: unpermitted construction B) Appeal to the Assembly re: Case 511 -014 C) Letter of Courtesy & Advisory re: a junkyard in the R2 zoning district D) Letter of Courtesy & Advisory re: a fence encroaching on State Right -Of -Way E) Letter of Courtesy & Advisory re: fence encroachment on State Right -Of -Way and delivery of firewood and cutting of firewood on borough property Dvorak gave a brief update on the communications. CHAIR TORRES expressed concern because of being told outright that a complaint cannot be pursued unless there is a written complaint, Dvorak stated typically, that's the case but if you go back to the original Enforcement Policies and Procedures which dates back to 1991 timeframe there is latitude for staff to take action without a complaint if it's a safety hazard issue or something to that nature. Dvorak stated maybe there should be a work session to discuss enforcement policies. 7/20/2011 P &Z Minutes Page 14 of 16 COMMISSIONER WATKINS and COMMISSIONER JANZ expressed the same concerns and that at the last joint meeting with the Assembly they were in the same mind that these would be complaint based with a written complaint. The commission was in favor of a work session to discuss the issue. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • August 10, 2011 work session at 6:30pm in the KIB Conference Room. • August 17, 2011 regular meeting at 6:30pm in the Assembly Chambers. Smith reminded the commission of the July 28, 2011 P &Z /P &R Quarterly Update to the Assembly at 7:30 p.m. in the KIB Conference Room. CHAIR TORRES and COMMISSIONER SCHMITT stated they won't be in town on July 28th. CHAIR TORRES stated he won't be back for the work session but will be at the regular meeting. Rick Vahl stated he will be gone on August 10th but will be back for the regular meeting. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Jana Turvey called in to say she is a Leisnoi shareholder and was elected to the Leisnoi Board of Directors last month. She questioned whether the rezone application for Leisnoi case is valid and whether the sale would be valid due to a court order that the incumbent CEO can only operate under normal business. Marilyn Guilmet stated that the Johnston land was used for grazing, and she's disappointed that there was only 1 commissioner who understands the importance of agriculture. There have been zoning regulations against all agriculture all through the borough. COMMISSIONER'S COMMENTS Alan Torres welcomed Rick Vahl to the commission. Torres stated the need for the commission to address Reconsiderations in their Bylaws and would like to discuss it at a work session. Torres will be on vacation for 3 weeks and will miss the August work session and one of the PAC meetings. He felt the PAC meeting went very well but more members need to attend so there is a quorum. Alan Schmitt stated Casey Janz and himself joined Bud Cassidy on a trip to Camp Island and to view some coastal areas. It was an excellent opportunity to see what is going on with Koniag on Camp Island. He also stated he appreciates agriculture in its roll and he's encouraged by the number of hoop houses that are showing up around the community. It's an excellent way to expand our ability to raise our own crops without taking a lot of land. Brent Watkins asked staff about in our code rewrite, can we regulate the equipment in a commercial building, specifically refrigerators and freezers without doors, stating our very large supermarket chain put in all new refrigerated sections with no doors. It is 10 degrees cooler in that section of the store and it's not a good use of our resources. Can we address that in our code? Watkins also liked seeing everyone engaged in the process tonight, and he's proud of Casey Janz for sticking to her principles. Dvorak stated that is something that would have to be researched. It sounds more like a building code issue where you deal with heating and cooling. Rick Vahl stated he had a good first meeting and he met with Alan Torres to get some input and he'll be getting more introduction to the commission. He thanked everyone for their support. 7/20/2011 P &Z Minutes Page 15 of 16 Casey Janz stated it's good to have a full commission. She welcomed him to the commission. Everyone can still make comments online regarding the code rewrite. On the Trails Plan we are at the point where we're looking at what we're putting out to the public and we have sort of agreed that we have to take off the trails that are on private lands, specifically native lands, on the map but then to identify trails on private lands that we would attempt to purchase trail easements. The public comment period for the Trails Plan is open until September 1st. The maps that are with the plan will remain with the plan. The Russian ship, Pilata, is in town and she recommends everyone checking it out. ADJOURNMENT COMMISSIONER VAHL MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 10:47 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING • MISSION Alan Torres, Chair ATTEST �� By: vc'1PiOn (Ydl Y1l.l Sheila Smith Community Development Dept. APPROVED: August 17, 2011 7/20/2011 P &Z Minutes Page 16 of 16