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2012-05-16 Regular Meeting 11 _ ._ Kodiak Island Borough Planning & Zoning Commission I� JUL 1 8 2012 I Minutes • BOROUGH CLERK'S OFFICE May 16, 2012 6:30 p.m. in the- Assembly CALL TO ORDER VICE CHAIR WATKINS called to order the May 16, 2012 regular meeting of the Planning and Zoning Commission at 6:29 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR WATKINS led the pledge of allegiance. ROLL CALL Requested to be excused are Alan Torres and Alan Schmitt. Roll call was taken and commissioners present were Brent Watkins, Casey Janz, Bill Kersch, Rick Vahl, and Sonny Vinberg. Excused were Alan Torres and Alan Schmitt. A quorum was established. Community Development Department staff present was Bud Cassidy and Sheila Smith. COMMISSIONER JANZ MOVED to excuse Alan Torres and Alan Schmitt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER VAHL MOVED to approve the May 16, 2012 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the April 18, 2012 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS VICE CHAIR WATKINS declared a conflict of interest for COMMISSIONER VAHL and directed VAHL to leave the room. A) Case 12 -034. Request a Title 18 Land Disposal, according to KIBC 18.20.060 A, to allow the disposal of approximately 6,500 square feet of borough land adjoining Lot 17A, Russian Creek Alaska Subdivision to encompass a well house located outside the petitioner's lot; said disposal to be by direct negotiation with the applicant for a fee May 16, 2012 Page 1 of 8 P &Z Minutes simple conveyance for fair market value. The applicant is Nick Troxell. The location is 12347 Noch Drive. The zoning for Lot 17A is RR1 -Rural Residential One and the requested disposal area is zoned C- Conservation. Cassidy reported this case was withdrawn at the request of the applicant. COMMISSIONER VAHL returned to the dais. B) Case 12 -035. Request a Conditional Use Permit, according to KIBC 17.200 and 17.50.040.H, to allow the construction of a 55 foot microwave communications tower and related ground facilities including two 10 by 12 foot equipment huts and 5 propane tanks, to be located on Sitkalidak Island, in order to provide a broadband communication link between Narrow Cape and Old Harbor. The applicant is Old Harbor Native Corporation and the agent is David Burns, Sage Communications. The location is T36S R25W Sections 18, 19, and 20, Sitkalidak Island, and the zoning is C- Conservation. Cassidy reported this case and the next case are related and has to do with providing broadband cell and internet service in Old Harbor, parts of Ugak, and Sitkalidak Strait. They need a Conditional Use Permit to allow a 55 foot microwave communications tower to be located on Sitkalidak Island. The signal will be leaving the rocket launch facility and be microwaved to Sitkalidak Island where a 55 foot tower will aid in eventually brining that signal to Old Harbor. There will be other improvements as well; a generator building, 500 lb. propane bottles, and a communications shed. One question asked of Cassidy was will this be fenced in, and Cassidy talked to the applicant who said none of the other sites on the island are fenced and there have been no issues with bears. Staff recommends approval subject to conditions of approval. COMMISSIONER JANZ MOVED to grant a conditional use permit, according to KIBC 17.200 & 17.50.040.H, to allow construction of a 55 foot microwave communications tower and related ground facilities, including two 10 by 12 foot equipment huts and 5 propane tanks, to be located on Sitkalidak Island, on a site within Sections 18, 19 & 20, T255, R24W, Seward Meridian, in order to provide a broadband microwave communication link between Narrow Cape and Old Harbor, subject to six (6) conditions of approval contained in the staff report dated May 3, 2012, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The public hearing was opened & closed. Public testimony was given by: Dave Burns, agent, spoke in support of this request. Discussion 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. May 16, 2012 Page 2 of 8 P &Z Minutes 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 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 recent microwave link connecting Kodiak with Ouzinkie and Port Lions have existed for many years serving the regional 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. 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 located 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 Old Harbor Native Corporation exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. C. That granting the conditional use permit will not be harmful to the public health, safety. 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 International Building and May 16, 2012 Page 3 of 8 P &Z Minutes Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 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 Old Harbor 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 C) Case 12 -036. Request a Conditional Use Permit, according to KIBC 17.200 and 17.50.040.H, to allow the construction of a passive communications repeater to provide a broadband communication link between Narrow Cape and Old Harbor. The applicant is Old Harbor Native Corporation, and the agent is David Burns, Sage Communications. The location is T345 R25W, Section 15, along Sitkalidak Strait near Bush Point Knoll, and the zoning is C- Conservation. Cassidy reported this is part of the same communications link that will get broadband service to Old Harbor. This is more of a reflector similar to what's on top of Mount Herman and will reflect the signal from Sitkalidak Island to the tower that you approved next to the landfill a couple of months ago so this will complete the borough approvals for that communication link. Staff recommends approval subject to conditions of approval. COMMISSIONER JANZ MOVED to grant a conditional use permit, according to KIBC 17.200 & 17.50.040.H, to allow construction of a passive communications repeater to provide a broadband communication link between Narrow Cape and Old Harbor, on a site within Section 15, T34S, R25W, Seward Meridian, subject to six (6) conditions of approval contained in the staff report dated May 3, 2012, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The public hearing was opened & closed. Public testimony was given by: David Burns, agent, spoke in support of the request. Brief discussion 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. May 16, 2012 Page 4 of 8 P &Z Minutes 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 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 recent microwave link connecting Kodiak with Ouzinkie and Port Lions have existed for many years serving the regional 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. 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 located 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 Old Harbor Native Corporation exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. C. That granting the conditional use permit will not be harmful to the public health, safety, 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 International Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 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. May 16, 2012 Page 5 of B P &Z Minutes The site is well separated by distance, topography and vegetation from residential areas. The contiguous land ownership of the Old Harbor 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 D) Case 12 -037. Request a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single- resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B- Business zoning district. The applicant is Monte Hawver, Executive Director of Brother Francis Shelter Kodiak, Inc. The location is 410 Thorsheim Street and the zoning is B- Business. Cassidy reported the current homeless shelter facility is enlarging it due to the kitchen doesn't meet the standards for commercial kitchens and they are interested in bringing it up to code. Part of the expansion will include a dining area. Originally, they went through the Exception process which is now grandfathered. The code also says that non - residential facilities that are grandfathered can be expanded. We are bringing it to you under a different code section that allows you to determine if it is similar impact. The shelter is not meant to serve more clients but serve existing clients better. COMMISSIONER VAHL MOVED to grant a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single- resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B- Business zoning district, subject to one condition of approval, and to adopt findings of fact in the staff report dated May 4, 2012, as Findings of Fact for Case No. 12 -037. The public hearing was opened & closed. Public testimony was given by: Monte Hawver, Executive Director, spoke in support of the request. Brief discussion CONDITIONS OF APPROVAL 1. The applicant is required to present an updated site and parking plan that incorporates the increased lease area prior to obtaining zoning compliance for the expansion. FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed addition to the homeless shelter is not for the purpose of expanding the client base. 3. The proposed addition is for the purpose of more efficiently and humanely serving the existing homeless population. 4. This Similar Use Determination is a reasonable accommodation for the purpose of addressing the needs of the existing homeless population. May 16, 2012 Page 6 of 8 P &Z Minutes 5. This Similar Use Determination is specific to the Brother Francis Shelter Kodiak facility located at 410 Thorsheim St. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS NEW BUSINESS COMMUNICATIONS A) April Planning & Zoning Commission Results Letters B) Letter of Courtesy & Advisory Re: An Accessory Building Used As Living or Sleeping Purposes C) Letter of Courtesy & Advisory Re: A Home Based Business Exceeding the Scope of a Home Occupation D) Letter of Courtesy & Advisory Re: Parking Cassidy gave an update on the communication items. COMMISSIONER JANZ MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • June 13, 2012 work session at 6:30pm in the KIB Conference Room. • June 20, 2012 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • March 27, 2012 Parks & Recreation Committee minutes C) Abbreviated and Final Approval - Subdivisions Cassidy gave a brief report on the report items. COMMISSIONER JANZ MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Sonny Vinberg requested to be excused for the June regular meeting due to being out of town. Casey Janz asked if the Code Revision comment period will be extended. Cassidy said there has been discussion of extending it but Duane Dvorak is the one to talk to. Rick Vahl said Bob Scholze is supposed to be here next month to talk about land sales and he wanted to know what the commission can do to prepare for it. What is the next step for the Code Re- write? May 16, 2012 Page 7 of 8 P &Z Minutes Cassidy said we will email the commission beforehand on the land sales. Cassidy stated all comments will be presented to the PAC and they will incorporate any changes they feel should be made. The PAC may meet twice before it comes to the commission around the July- August timeframe for you to hold public hearings. Casey Janz asked if it's appropriate for commissioners to be making comments through that process or do we wait until we do our evaluation of the code as homeowners and citizens. Cassidy stated you are an advisory body so it probably OK, decisions aren't being made, just recommendations. Cassidy will find out more on that issue and will let everyone know. Smith stated the consultants provided comment forms that does not ask for names, just the location of where you live such as Near Kodiak, but outside city limits, Bells Flats, Pasagshak area, Chiniak area, and other area on road system. Sonny Vinberg said he's been wrestling with serving in a multiple roll capacity also. Rick Vahl wanted to address the scenario from the beginning of the meeting stating he respects the commission and in no way has he wanted to disrupt the flow or break any rules. Vahl quoted KIBC 2.100.140 - Conflict of Interest. ADJOURNMENT COMMISSIONER JANZ MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VICE CHAIR WATKINS adjourned the meeting at 7:35 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: / % /L a A An Torres, CI air ATTES - !oony jn berg g ot eila Smith, Secretary (57Rf t11 C i e (C APPROVED: June 20, 2012 May 16, 2012 Page 8 of 8 P &Z Minutes