Loading...
2012-06-20 Regular Meeting KODIAK ISLAND BOROUGH _ PLANNING & ZONING COMMISSION 1' �� c - w MINUTES I (— June 20, 2012 I I n ji 6:30 p.m. i dtAie.sseNg Cliach S` U CALL TO ORDER BOROUGH CLERK'S OFFICE I VICE CHAIR VINBERG called to order the June 20, 2012 regular meeting of thr? Planntngandzonirrg Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR VINBERG led the pledge of allegiance. ROLL CALL Alan Torres and Bill Kersch requested to be excused. Brent Watkins had also requested excusal. Roll call was taken and commissioners present were Casey Janz, Alan Schmitt, Rick Vahl, and Sonny Vinberg. Excused were Alan Torres, Bill Kersch, and Brent Watkins. A quorum was established. Community Development Department staff present was Duane Dvorak and Jessica Kilborn (standing in for Sheila Smith). COMMISSIONER JANZ MOVED to excuse Alan Torres and Bill Kersch. Amended July 18, 2012 to reflect Brent Watkins be excused also. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the June 20, 2012 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the May 16, 2012 minutes & the May 29, 2012 special meeting minutes. VOICE VOTE ON MOTION UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -032. Request a site plan review, according to KIBC 17.130.020, of the Kodiak High School Addition & Renovation Project, (Postponed from April meeting). The applicant is Kodiak Island Borough and Woody Koning is the Project Manager. The location is 821 Rezanof Drive E., 627 Egan Way, & 710 Mill Bay Road. The zoning is PL- Public Use Lands. Dvorak reported 166 public hearing notices were sent out related to this request, and we had one response recommending a crosswalk in front of the high school in the location that was identified on the returned public hearing notice and a suggestion for a pedestrian walkway from the KIB building to the pool. Only public facilities in the Public Lands zone require a public hearing site plan review. Staff recommends approval subject to 3 standard conditions of approval referring to a drainage plan, construction plan, and a City Fire Department access plan. You may need to make some amendments to add or subtract from the conditions of approval as you see fit. 6/20/2012 Page 1 of 6 P &Z Minutes COMMISSIONER SCHMITT MOVED to grant approval according to KIBC 17.130.020(N) (Site Plan Review - Schools) of a detailed site plan of the Kodiak High School Addition & Renovation Project, including a revised parking plan, prepared by the architectural firm of Jensen, Yorba, Lott, Inc. and to adopt the conditions of approval and findings of fact in the supplemental staff report dated June 5, 2012 for Case No. 12 -032. The public hearing was opened & closed: There was no public testimony. Discussion COMMISSIONER SCHMITT MOVED TO AMEND to add 3 more conditions of approval that are first that the dumpster would be located as was discussed at the work session, the second being that the parking flow and curbing as discussed at the work session, and third that signage for the various parking throughout the whole campus will be as discussed. COMMISSIONER JANZ expressed concern regarding cutting down the trees and provide screening so the car lights aren't shining into their homes but it appears all the trees were cut down. Discussion. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4 -0 COMMISSIONER JANZ MOVED TO AMEND the motion to add a 7th condition of approval to provide some form of screening of the headlights in the parking lot on Upper Mill Bay where there is no berm or screening for the parking lot. Discussion ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4 -0 CONDITIONS OF APPROVAL 1. Approval of a drainage plan by the Engineering and Facilities Department; 2. Approval of construction plans by the City of Kodiak; and 3. Approval of City Fire Department of adequate fire access to all areas of the school site. 4. The dumpster be located at the east end of the parking lot by the service area. 5. The parking flow and curbing be as discussed at the work session, 6. Signage for the various parking throughout the whole campus as discussed. 7. Provide some form of screening of the headlights in the parkinglot on Upper Mill Bay where there is no berm or screening for the parking lot. FINDINGS OF FACT 1. Development of a modern school has tremendous merit and benefits to the community; 2. The site plan is significantly detailed enough to provide the commission with the needed information to review and render a decision; and 3. The commission finds that the detailed site plan submitted as part of this case meets the requirements of KIBC 17.130.020 ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 4 -0 B) Case 12 -038. Request a Variance, according to KIBC 17.195, to allow a residential scale wind turbine tower to exceed the 50 foot height limitation set forth in KIBC 17.130.060 (Building Height) for utility installations, by an additional 10 feet (not including the turbine blades). The applicant is the Kodiak Island Borough and the agent is the Kodiak Island Borough School District. The location is Lots 7A, U.S. Survey 2538A (near the flag pole entrance to the borough building); 710 Mill Bay Road. The zoning is PL- Public Use Lands. Dvorak stated 69 public hearing notices were sent out. One reply was received from the City of Kodiak with no objection. This case is related to a couple of prior cases where we've looked at other alternatives or locations around borough hill, the high school, and middle school area. The purpose of this wind turbine is to support a planned curriculum with the high school and Kodiak College. In order 6/20/2012 Page 2 of 6 P &Z Minutes to qualify for the "Wind for Schools Program" it has to be within 300 feet. They've requested a 10 foot height variance for the tower. We typically don't go by the blade height. The maximum height allowance in the Public Use zone is 50 feet and they've proposed a tower that will actually be 55 feet that they're asking for now. It is a residential scale turbine that is model to support the curriculum at the school. Either location would be fine. Staff recommends approval. COMMISSIONER SCHMITT MOVED to grant a Variance, according to KIBC 17.195.020, to allow a residential scale wind turbine tower on Lot 7A, U.S. Survey 2538A, to exceed the 50 -foot height limitation set forth in KIBC 17.130.060 for a utility installation that will exceed the maximum height standard by an additional 10 -feet (not including the turbine blades), and to adopt the findings contained in the staff report dated June 5, 2012 as "Findings of Fact" for this case. The public hearing was opened & closed. Public testimony was given by: Barry Altenhof, agent, stated typically the schools across Alaska have turbine installation sponsored by the Wind for Schools Program and the U.S. Department of Energy decommissioning a non - functional turbine, a damaged tower, or in some way have become non - functional so the decommissioning costs will be bored by the school as is the installation. As far as lights to the greenhouse, in a perfect world we would like to do that but the amount of energy to be credited to the Coast Guard he thinks is in terms of their larger demand for electric power is insignificant. The projects primary value is an instructional tool for the high school, middle school, and grade school kids. District wide kids are going to see alternative energy used in a productive way. The lifespan of this turbine is about 25 - 30 years, and who knows what new turbine technology might be configured to sit atop a perfectly functioning pole. In response to COMMISSIONER VAHL'S question regarding what his title is and what it means, Mr. Altenhof stated CTE Coordinator which stands for Career Tech Education. During discussion, the commission was impressed with the turbine and curriculum. ROLL CALL VOTE ON MOTION CARRIED 4 -0. COMMISSIONER VAHL MOVED to grant approval of the site plan for a residential scale wind turbine tower to be located on Lot 7A, U.S. Survey 2538A in accordance with KIBC 17.130.020.P. Discussion COMMISSIONER SCHMITT MOVED TO AMEND the motion to add a condition of approval that the security fencing be placed around the perimeter of the tower. CONDITIONS OF APPROVAL 1. Security fencing be placed around the perimeter of the tower. FINDINGS OF FACT (for Variance & Site Plan Review) 17.195.050 A.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. In this case, there are exceptional physical circumstances or conditions applicable to the intended use or development which does not apply generally to other properties in the same land use district. The borough zoning code does not provide for the regulation of wind turbine towers specifically. Although the code is generally favorable to the idea of energy efficiency and substitution of renewable energy sources for energy from fossil fuels as provided for in KIBC 17.05.030.G, this has not been translated to other more substantive code provisions or standards. While there may be no specific regulation establishing standards for permitted or conditional use wind turbine towers, there is the PL- Public Use Land category of "utility" facility that has historically been used for many communications towers and electrical substation facilities. Because this tower will be used with net metering as a way to account for the energy produced and credited to another party it would seem to meet the definition of a utility 6/20/2012 Page 3 of 6 P &Z Minutes facility in that the energy is not necessarily going to benefit the site where it is produced in terms of lowering its energy costs or consumption. The variance is needed in order to ensure the turbine has access to the least turbulent air. A location in the interior of the lot ensures maximum separation distances from trees and structures that might interfere with the operation of the turbine. It is also a benefit that the turbine tower will be located well away from any nearby residential dwelling units. 17.195.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Denial of the variances would still allow a 45 foot wind turbine tower to be erected, however the long term productivity (and perhaps the longevity) of the turbine would be compromised for the life of the project. This would reduce the amount of power that could be generated by about 50 %. 17.195.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. In this case, the grant of the variance will not result in material damage or prejudice to other properties. The location chosen for the turbine will be as far away from other buildings and uses as possible in the "borough hill" area. This site is intended to meet the Wind for Schools requirement that the wind turbine be located within 300 feet of the school it serves. By being located away from dwellings, it will minimize any potential impact to existing uses in the surrounding area that may occur from noise or movement of the turbine. The proposed turbine is considered residential in scale. This is not only with regard to the height of the proposed 60 foot tower, but also in terms of the 2,400 watt power generation rating. According to the manufacturer specifications it is not expected that the turbine will generate electromagnetic interference to and radio, TV or Wi -Fi services in the surrounding area. 17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A grant of the requested variance will not impact the current comprehensive plan. Currently identified as Public Facilities /Ownership, the grant of the variances requested would not result in a higher density institutional use. Utility facilities are a permitted use in the PL- Public Land Use District, subject to a commission site plan review and other specific district regulation. 17.195.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, the actions of the applicant have not created any special conditions or financial hardship or inconvenience from which relief is being sought by variance. The petitioner will not purchase a tower or begin construction in earnest until such time as this case has been decided by the commission. 17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The property is currently improved with a government office building and related parking lots. The development and use of utility facilities in the PL- Public Land Use zoning district is a permitted use in the district. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4 -0 ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4 -0 COMMISSIONER SCHMITT MOVED TO AMEND the existing motion to read" Move to grant approval of the site plan for a residential scale wind turbine tower to be located on Lot 7A, USS 2538A, in accordance with KIBC 17. 130.020.P. and to adopt the findings contained in staff report dated June 5, 2012 as Findings Of Fact for this case. 6/20/2012 Page 4 of 6 P &Z Minutes ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4 -0 ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) May P &Z Results Letters B) Notice of Violation and Order re: parking C) Approved 2012 Legislative Projects Dvorak gave an update on the communications items. COMMISSIONER VAHL MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • July 11, 2012 work session at 6:30pm in the KIB Conference Room. • July 12, 2012 P &Z /P &R Quarterly Update to Assembly at 7:30 p.m. in the KIB CR. • July 18, 2012 . regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • April 10, 2012 Parks & Recreation Committee • April 24, 2012 Parks & Recreation Committee • May 8, 2012 Parks & Recreation Committee C) Abbreviated and Final Approval - Subdivisions Dvorak gave an update on the reports. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Woody Koning apologized when his case was brought up; he was thinking the meeting started at 7:30. He hoped the commission got enough information from the work session. Moving the dumpster location that was suggested at the work session is agreed with staff and the architect. He thanked the commission for their consideration and review of the site. It was an excellent recommendation and he thinks it will make a better plan for the site. The more eyes on the project the better it will be. COMMISSIONER SCHMITT stated we added 4 conditions of approval, 3 of which followed what we talked about at the work session; the dumpster, parking, and signage. We then added to ensure there's adequate screening for headlights for across Mill Bay Road. COMMISSIONER'S COMMENTS Alan Schmitt said he last month he drove out to White Sands Beach area and he walked into the restroom facility and it was grossed out; it is in need of serious attention. It doesn't reflect well on our community. It's both vandalism but then it hasn't been pumped out for who knows how long. Something needs to be done because it was absolutely disgusting. 6/20/2012 Page 5 of 6 P &Z Minutes Casey Janz said someone came to her asking who is responsible to maintain that restroom and said it was quite disgusting and shot full of holes. She feels with the new high school project it is going to be an exciting couple of years ahead. She thanked everyone for all the hard work going into this project. Janz will also be gone in July and requests to be excused. Rick Vahl said the land sale information from the work session was very helpful knowing next month it will be a more heated discussion with public testimony so getting the packet to review is real important. Be careful this summer because we are going to have a lot of road construction. Sonny Vinberg said he's been involved in the ARB and various other committees, specifically the high school. It's been a pleasure to be a part of the review and watch it evolve. He's appreciative of his input provided being taken into account. The public library has started site clearing and so forth so it will be an exciting summer and fall. Vinberg thanked everyone for their help with his first time running the meeting. Casey Janz told Vinberg he did a fine job at running the meeting. ADJOURNMENT COMMISSIONER JANZ MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VICE CHAIR VINBERG adjourned the meeting at 7:58 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST By: xQn APPROVED: July 18, 2012 6/20/2012 Page 6 of 6 P &Z Minutes