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2012-07-18 Regular Meeting KODIAK ISLAND BOROUGH • PLANNING & ZONING COMMISSION t fll AUG 2 2 2012 I MINUTES I July 18, 2012 6:30 p.m. in the Assembly.Chambers J oUtWUIih Ci.ERK'S Oi F CE CALL TO ORDER - -- CHAIR TORRES called to order the July 18, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Casey Janz requested to be excused. The roll call was taken and commissioners present were Bill Kersch, Alan Schmitt, Alan Torres, Rick Vahl, Sonny Vinberg, and Brent Watkins. Excused was Casey Janz. A quorum was established. Community Development Department staff present was Duane Dvorak and Jessica Kilborn stood in for Sheila Smith. COMMISSIONER WATKINS MOVED to excuse Casey Janz. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER VAHL MOVED to approve the July 18, 2012 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES Chair Torres informed the committee that Smith forgot to let the commission know that Brent Watkins had requested excusal from the June 20th P &Z RM. COMMISSIONER VAHL MOVED to amend the June 20, 2012 minutes to reflect Brent Watkins as excused. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER WATKINS MOVED to approve the June 20, 2012 Planning & Zoning Commission minutes as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case S13 -001. Request Preliminary approval, according to KIBC 16.40, of the subdivision of Lots 1A, 1B and 2A, Block 6, Miller Point Subdivision First Addition, creating Lots 1A -1, 1A -2, 1B -1, 1B -2A -1 and 2A -2, Block 6, Miller Point Alaska Subdivision; and, 7/18/2012 Page 1 of 12 P &Z Minutes Preliminary approval of the creation of a 20 foot access easement across Tract A, U.S. Survey 3463 which was approved for disposal of a 30 foot non - exclusive access easement across borough land in prior Case 07 -022; and, Preliminary approval of the replat of a 20 foot utility easement centered on the north and west perimeter boundary lines creating a 20 foot access and utility easement. The applicant is Duncan Fields and the agent is St. Denny Surveying. The location is 584, 610, and 642 Lilly Drive and the zoning is R2- Two - family Residential Dvorak reported 69 public hearing notices were sent out related to this request with 2 responses in opposition returned. There were also several review agencies expressing various concerns with the designs of the subdivision and lots that would be created. The lots appear to meet the minimum lot size and width requirements but because of topography, restrictions on access, incomplete utility information, and parts of the application that would change access status on borough land which wasn't part of the original disposal. Staff recommended denial based on some of these concerns. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of Lots 1A, 1B and 2A, Block 6, Miller Point Subdivision First Addition, creating Lots 1A -1, 1A -2, 1B -1, 113-2, 2A -1 and 2A -2, Block 6, Miller Point Alaska Subdivision; and, Preliminary approval of the creation of a 20 foot access easement across Tract A, U.S. Survey 3463 which was approved for disposal of a 30 foot non - exclusive access easement across borough land in prior Case 07 -022; and, Preliminary approval of the replat of a 20 foot utility easement centered on the north and west perimeter boundary lines creating a 20 foot access and utility easement. The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER VINBERG MOVED to adopt the findings in that staff report dated July 6, 2012 as "Findings of Fact" for case S13 -001 in support of the commission's denial. FINDINGS OF FACT 1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 2. This plat does not meet the requirements of Title 15 of the Borough Code. 3. This plat does not meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 4. This plat meets all the requirements of Title 17 of the Borough Code. 5. This plat relies upon a misinterpretation of prior Borough approval of a property interest disposal (access easement). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 13 -001. Request a Rezone, according to KIBC 17.205, to investigate a change the zoning for Lot 25A, Block 7, Leite Addition from R1- Single - family Residential to R3- Multi- family Residential; and, A Conditional Use Permit (CUP), according to KIBC 17.200, in order to permit a 2 guest room Bed & Breakfast within an existing single - family dwelling. The applicant is Jill Wittenbrader. The location is 1315 Kouskov Street and the zoning is R1- Single - family Residential. Dvorak reported 73 public hearing notices were sent out relating to this request with one 7/18/2012 Page 2 of 12 P &Z Minutes • comment in opposition returned. The request is comprised of two separate reviews in one case; the rezone which relies on a couple of findings. Because so much of the property hangs over a high bank over the tideland the property does have restrictions on access and it will still be limited in what they can do with the R3 zoning if the rezone is approved. Staff believes it is consistent with the Comp Plan in either zone and staff recommends approval with a favorable recommendation to forward to the Assembly. Regarding the CUP, the property owner has plans to operate a Bed & Breakfast for up to two guest rooms that requires one additional off street parking space. They have provided a site plan that shows four off street parking spaces but we would want to see a more accurate depiction of that. Staff did a site visit and it appears that this could be accommodated but it will place certain limitations on the property. Staff recommended approval with three stipulations. COMMISSIONER VAHL MOVED to recommend the rezone of Lot 25A, Block 7, Leite Addition, from R1- Single Family Residential to R3- Multi- family Residential and forward this case to the borough assembly with a recommendation for approval, and to adopt the findings contained in the staff report dated June 27, 2012 as Findings of Fact for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and lustification for a Change or Amendment. Lot 25A abuts an existing R3 zoning district and it has sufficient developable uplands to sustain many of the uses permitted in the R3 zoning district. The site is suitable or can be made suitable for increased density of development with some limitations due to the nature and width of the access easement access to the site which is 15 feet wide. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update provides a flexible standard for Urban Residential uses which relies substantially on practical lot considerations and neighborhood character rather than specific density recommendations. In this regard the request is consistent with the objectives of the comprehensive plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to KIBC 17.25.030, 17.75.030.0 and 17.200 (Conditional Use Permits), to allow a Bed and Breakfast (B &B) with a maximum of two (2) guest rooms to be rented out, subject to the stipulations contained in the staff report dated June 27, 2012, and to adopt the findings therein as FINDINGS OF FACT for this case. In response to COMMISSIONER VAHL'S inquiry regarding the CUP, if the property does get rezoned to R3 would the conditional use permit be required, Duane stated the stipulations would be effective on the conditional use permit so long as it's permitted under this original. With the R3 zoning they could request a three guest room B &B and we would review it as a new application but it wouldn't require a CUP at that point. They would still need to present the zoning compliance permit and go through the permitting process that we're suggesting in the stipulations here so that we would still review this for adequate off street parking and maneuvering. We are cognizant of the limitations of access and we probably wouldn't permit a multi- family residential or professional office. 7/18/2012 Page 3 of 12 P &Z Minutes STIPULATIONS 1. The property owner shall obtain a zoning compliance for the B &B use confirming the acceptance of this CUP which will entail the filing of a new, updated site plan, which will show all existing structures on the site in addition to the required off - street parking, regardless of whether those structures (hoop houses) or other accessory buildings are regulated by zoning code. 2. Any substantial change or alteration in the use, operation or structural development on Lot 25A, Block 7, Leite Addition, shall require a new CUP application and review by the Planning and Zoning Commission prior to the implementation of any such proposed change or alteration. 3. The property owners shall obtain and submit evidence of compliance with the local City of Kodiak transient accommodation tax and business license requirements prior to obtaining a zoning compliance permit for the change of use. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. "B &B" use is typically a seasonal use which allows property owners to rent rooms in a single - family or multi- family dwelling. A new site plan will be required by stipulation for the proposed change of use to ensure that adequate turning and maneuvering is available on the site. This is in addition to the minimum required number of off - street parking spaces and is required because the site has some restricted access by an easement over the adjoining property. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The requested Conditional Use is a listed conditional use in the R1- Single - family Residential zoning district and the Planning & Zoning Commission has exercised appropriate over -sight through this review process and public hearing. The Commission may require evidence of successful coordination between the property owner and the City of Kodiak regarding the appropriate collection of transient accommodation taxes. The Commission may also wish to see a revised CUP if the site is to be redeveloped in any substantial way that might affect the operation of the B &B or displace any of the required off - street parking or maneuvering area. 3. That granting the conditional use permit will not be harmful to the public health, safety. convenience and comfort. The Commission, by binding this CUP approval to stipulations as referenced in standards 1 and 2 above, will ensure that the proposed use will not be harmful to the public health, safety, convenience or comfort. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Lot 25A exceeds the zoning district's minimal size requirement of 7,200 square feet. Although the plat indicates the lot to be about 20,000 square feet in area, the reality is that the site has about 10,000 square feet of developable uplands. The site has somewhat restricted access, but it is sufficient for public safety purposes and typical residential use. S. The proposed use or structure is located in a manner which will maximize public benefits. 7/18/2012 Page 4 of 12 P &Z Minutes As a private development this finding is not applicable to the case. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 13 -002. Request a Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The locations of the parcels are generally located in and around the City of Kodiak, Womens Bay, and Chiniak. The zoning districts are R2- Two - family Residential, NU- Natural Use, PL- Public Use Land, and C- Conservation. Dvorak reported public hearing notices were sent out for each location. We received comments back on several of these sites. Most of the comments received timely are in your staff reports. There was one comment that came in after the deadline that's in the back. At the packet review last week we received a memorandum from the Parks and Recreation Committee which we've given you since. We also received after the packet review a new memorandum from the Resource Management Officer, Mr. Scholze that was received yesterday and put into your dropbox. Dvorak also heard from COMMISSIONER SCHMITT this morning and he has provided suggested motions along the lines that he proposed at last week's packet review; there are two alternatives. Staff recommended approval of these disposals. The original resolution stated up to thirteen parcels and up to 20.6 acres prior to the packet review we pared that down a couple of lots that the Resource Management Officer requested be withdrawn so then the resolution said eleven parcels and 16.05 acres. If the commission makes any amendments we would just want to have some clarification that we can go back and clean up some other mathematics of the resolution once the end result is known. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -01 recommending disposal of certain borough lands as identified in said resolution as surplus to the public's need for the borough to maintain said lands in reserve for future public use. The public hearing was opened & closed. Public Testimony was given by: Bob Scholze, Borough Resource Management Officer stated he wanted to make sure that you understood the changes that are being recommended since last week that mostly has to do with the first parcel identified in your resolution related to Tract R1A, Killarney Hills Subdivision generally known as Woody Way ball fields. We have recommended that parcel 5 be withdrawn and that parcel 4 be, the preference expressed that it be designated in the design of it that the right -of -way possibility of an extension of Murphy Way be maintained so that it could eventually be connected with Rezanof. This is the first of several steps of this process and at any stage lands could be withdrawn from this consideration, the Assembly may choose to do that. One other parcel identified in your resolution and is designated D are three properties at the end of Panamaroff Creek Drive in Bells Flats. We have designated three lots but we're more concerned with the area and this would be the maximum disposal area so if it ended up only one or two lots then this would cover that. In response to CHAIR TORRES'S inquiry if he has seen the amendment and alternate amendment, Scholze stated yes, he has seen what COMMISSIONER SCHMITT proposed. In response to CHAIR TORRES'S inquiry of does Scholze have a preference to support either one, Scholze stated yes, the definite preference would be what is called the alternative, the 7/18/2012 Page 5 of 12 P &Z Minutes second one because that's what corresponds to what we were recommending and that is basically saying withdrawing parcel #5 at this time from this consideration so we would only be looking at parcel #4. The language is in there to clarify that the right -of -way potential would remain to extend that in the design of it. In response to COMMISSIONER SCHMITT'S inquiry of the reason for suggesting the deletion of parcel 5, was that it would be cost prohibitive to run sewer and water to it because it would have to come along Rezanof Drive right -of -way, is that correct, Scholze stated yes. COMMISSIONER SCHMITT stated the idea of running the sewer and water down the right -of- way and extension of Murphy Way, has that been definitively ruled out as being too expensive, Scholze stated no, and in response to not definitively he thinks there would be challenges to overcome because to even just run water and sewer for four or five lots within parcel #4 would require a pressurized system of some kind as he was informed by the Public Works Department. After your question, which he got this afternoon Scholze tried to follow up and run it past the Public Works Department but they were in meetings and he wasn't able to confirm how that might work or be cost efficient. Nancy Kracke stated she's submitted a response to this and we're still looking at a lot of things that are happening out there. She's lived there since 1990 and she would like the commission to review a couple of things or at least consider them in this proposal for land disposal. The Kodiak Island Borough letter dated June 1, 2012 and updated June 29, 2012 to the Planning & Zoning Commission photo #4, essentially says an extension of the road would improve road conditions and provide potential alternative access to Chiniak Highway for emergency vehicles. The question is will the borough or potential owners bear the cost of improving the road? The borough will save little money shifting the burden of road development to potential owners because new owners will only develop from the end of the existing Panamaroff Creek Drive. The borough will still need to develop the remaining 1 /z mile to the Chiniak Highway for emergency vehicles. Additionally and most recently the new culvert that was just installed last week on Panamaroff Creek Drive has created a three foot high and 35 foot long barrier, bump, above the current road bed to the proposed sale properties. Panamaroff Creek which parallels and crosses the road is an anadromous fish stream. The trail or road expansion would bring into question the Kodiak Island Borough Code Section 17.50.080 Setbacks From Property Lines Section B. Setbacks From Anadromous Fish Water Bodies, #1 there is a required setback of 50 feet from the vegetation of an anadromous fish water bodies. Also under 16.40, Preliminary Plat, under 16.40.050 the following may need to be considered; #1 Adequacy Of Access For Additional Traffic Volume, and #3, Potential Drainage Problems. There is substantial flooding in the area with summer and fall storms and on multiple occasions in the past years she has seen salmon swimming up the current trail /road. Proposed lot #3 is very marshy receiving drainage from proposed lots #1 and 2 and likely would not support a viable septic let alone a suitable building pad. Proposed lots #1 and 2 appear to be fairly narrow and may not meet minimum lot width of 250 feet as required in the KIBC 17.50.B Conservation District Area Requirements. With a road built these lots would be fairly narrow with the setbacks as to what you would have left to build with. Kracke requested the commission's consideration on this proposed land sale. In response to COMMISSIONER KERSCH'S inquiry while looking at the GIS map, it looks like there's an existing path that goes all the way out to the Chiniak Highway, is this where the proposed road will follow, Kracke said there is a path. COMMISSIONER KERSCH asked if that is the route for the new road, Kracke said it would have to be, that is an old wartime trail. 7/18/2012 Page 6 of 12 P &Z Minutes COMMISSIONER KERSCH said the reason he asked is because the salmon stream doesn't actually cross the road anywhere, Kracke stated if you look on proposed Lot #2, if you look at the shadows of the trees it goes across there through the road and you can see the little creek that winds up into Panamaroff Creek. Panamarofff Creek that crosses the road is before the red line on Lot C, so through this area when we had livestock we've walked this a lot through the years and at certain times of the year there is a lot of drainage. This looks fairly flat but it isn't. Proposed #1 at the mountain side of the lines, that is kind of down in a ditch and then if you swing around it drops away so you have an area that is nice to begin with but then it drops off to the right hand side where everything from behind is on that upper line swings around, down, and through so it cuts into #2 and then it feeds across the area of the road and #3 is totally wetland, it's swamp. COMMISSIONER KERSCH stated he's seen water rushing down the middle of Panamaroff Creek Road and that's why he doesn't know where the other stream is that goes across to Lot #2, Kracke replied that there's so much drainage coming onto the lots on the left where the yellow house is, there is a stream coming right down behind that house that feeds off to the left and goes to the creek. On the next lot over there's also a stream that's going down into Panamaroff Creek, and on the third lot there is a lower one that also feeds into Panamaroff Creek. The area on the first proposed lot is going to show behind it is a fair amount of drainage and then it swings around and cuts into this area that will go across the road and feed into Panamaroff Creek. She has walked that road and it's been almost to her knees with fish swimming in it. The area off of and into Lot #3 you can see the meandering but off to the right is a very wet and use to be a beaver pond years ago. When the flooding and all the water and fish are in they come across the road. Jack Bennett stated he found proposed Lots #4 and 5 at Woody Way to be strange selections and he's relieved to hear Scholze recommend they be removed from consideration. He doesn't see access here. Lot #4 if it's up for development Bennett would like to see a more comprehensive plan, he knows how quickly R2 can turn into R3 and he could see an apartment complex going in that would change the tenure of the neighborhood. Bennett was there when the hospital was going to be built and the forest was cut down creating the northeast wind tunnel through there and then the ball fields and other school constructions. He requested that if we could know that there was some real planning that went into that and a plan to make it work. Stephanie Mangenie is a lifetime resident of Murphy Way. She looks at proposed Lot #4 and it sits right outside her bedroom window at the end of the cul -de -sac. She hopes the commission reconsiders before opening up this land because it will take away the security and freedom that her children have with no traffic going through, and more homes would bring much more attention to the neighborhood. The trees alone are security from wind, that little plot of trees is a nice part of our neighborhood. It's also wetlands or swamp. There are ducks, birds, muskrats, and deer habitats here. The whole area would change if it's developed. Unknown resident of Murphy Way stated he mirrored what Mangenie said and his main concern was are Lots 4 and 5. He and his family have done things in the neighborhood to try to get traffic to slow down, especially stop at the stop signs which is an ongoing concern for the eleven years he's lived there. He's called the police several times where they have sat there trying to catch people speeding but parking about 20 feet from the stop sign so everyone see them. Everyone from Trinity Islands and the other side of Rezanof cuts through Woody Way and Murphy Way to go to Wal -Mart and Safeway. Increasing the number of houses or the road 7/18/2012 Page 7 of 12 P &Z Minutes going through connecting Murphy Way to Rezanof Drive would create an even greater problem that we already have with traffic for the safety of the children mainly. Bob Scholze stated regarding the property in Bells Flats at the end of Panamaroff Creek Drive, nobody knows that area or the properties better than Ms. Kracke but he pointed out that we have consulted with the road service district out there about extending the road and it would only have to be extended far enough to provide access to any new lots created. They are in agreement with the premise that it would improve connectivity for potential emergency services that could be beneficial between South Russian Creek Road and the Chiniak Highway. Scholze also spoke with Will Frost, USF &G Fish Habitat Biologist and he did note and is in agreement with what Kracke said, there is an anadromous fish that does find its way up there. Anything that would be proposed for development would undergo the reviews of not only a rezone but also a subdivision and they would have to comply with the requirements. It may even be appropriate to confine that to Lots #1 and 2 as opposed to Lot 3 which is considerably lower and it's a drainage. This is consistent with the Comp Plan. It would go before the Assembly for their approval of rezone and replat. In response to CHAIR TORRES'S inquiry about the service area being in agreement with the road extension just long enough to access those three lots, Torres noticed on the current road there's not a cul -de -sac at the end will a new extension require a cul -de -sac, Scholze stated yes, if it's extended it would have to meet the standards with some kind of turn around depending on Fire Code requirements for emergency vehicles. COMMISSIONER SCHMITT MOVED to amend Resolution FY2013 -01 by inserting that the following paragraph immediately following Item A of Section 1, Parcels 4 and 5 shall be sold together, any subdivision of them shall include an extension of Murphy Way through to Rezanof Drive which also provides access to the ball field area so there would be a single intersection with the Rezanof Drive which benefits the ball field area and the subject parcels. The extension of Murphy Way shall be constructed to the City of Kodiak's standards and relative to intersection with Rezanof Drive to any applicable State of Alaska standards. The alignment of the road can be determined by the developer to allow for the optimum number of building lots. The commission recognizes that a portion of the new section of Murphy Way will cross the wetlands area and that is part of the platting process the borough would dedicate that area as a right -of -way. The commission also recognizes that the Kodiak Island Borough Assembly has not dedicated the existing ball field to a long term use as a ball field. During discussion COMMISSIONER SCHMITT explained he's lived in the Woody Way area for twenty-five plus years when the trees were still there. We've heard that there's a shortage of building lots in the community particularly those that have water and sewer connections or the ability to get them. CHAIR TORRES asked COMMISSIONER SCHMITT why he prefers the first motion over the alternate, COMMISSIONER SCHMITT replied it would take out parcel 5 and if indeed parcel 5 can be developed at a reasonable cost, if water and sewer can go down Murphy Way extension rather than coming down Rezanof Drive, and also it would provide through access, the connectivity that seems to be important. COMMISSIONER VINBERG'S understanding is that the preference would be to sell Lots 4 and 5 together and not separately, and then consider them both and let the Assembly make the decision if they choose to extract parcel 5 from the sale. At this point VINBERG concurs with CHAIR TORRES. In response to CHAIR TORRES'S, inquiry of with this motion not combining Lots 4 and 5 but requiring Lots 4 and 5 to be sold together, is that something that can be done, Dvorak stated that could be done by the Assembly, they would set the terms of future land sales. Before that 7/18/2012 Page 8 of 12 P &Z Minutes could happen we would have to have some serious surveying and other investigative reviews of this area including multi - agency reviews by the city, Corp of Engineers, ADF &G and so forth. This is a conceptual review this evening and the commission is just determining is this land surplus to the borough's needs. It appears some of this tract isn't being utilized now and looks like a prime area to investigate. COMMISSIONER WATKINS stated the problem he has with some of the lots is the swampland in the area, Lot 4 in Murphy Way, Lot 5 is a little more upland. Lot 3 in Bells Flats is swampland. In response to COMMISSIONER KERSCH'S inquiry of when did the road improvements occur because when you look at where parcel 4 is and the Mangenie's live on that corner it almost appears that they planned that road go all the way through or they would have put a cul -de- sac in, what year did they do that, COMMISSIONER SCHMITT said around 1995. COMMISSIONER KERSCH asked if he recalled any discussion of that road and why they stopped it dead like that, COMMISSIONER SCHMITT replied it's second hand but he did have conversations with the borough engineer at that time because we had drainage issues in our section of the road but he thinks the original plan contemplated a cul -de -sac at the dead end of Woody Way Loop but the Engineering Department was receptive to comments and was asked not to have a cul -de -sac. During discussion of access COMMISSIONER VINBERG stated perhaps the intent for Murphy Way was to have a cul -de -sac, it wouldn't make sense to have 2 access points so close to each other. He would prefer to see that land utilized more in the public sense than selling it off for private development. There can be some better planning for public use of that land even though there are some wetland or lowland areas. It could be utilized with a boardwalk or maybe integrated with the Parks Department. Lots 1, 2, and 3 are appropriate. Lot 3 is lower which will require more elevation work. Regarding Panamaroff Creek Lot 3, he said it's hard to tell based on the aerial maps we have but given the information given by Kracke and Scholze VINBERG feels we should consider withdrawing that piece also for the sake of making it easier for the Fire Department, Public Works, and Engineering folks to make it workable for them and mitigate some of the possible ADF &G issues. COMMISSIONER VAHL stated he agrees with the amendment because he too is looking at selling both lots together and he feels it will allow for better planning. VAHL said by selling them together a more comprehensive plan can be developed. As we look at our Comp Plan it really sets the standard for us to assess lots that they don't disrupt the character and nature of the neighborhood and it sounds like it will. COMMISSIONER SCHMITT stated it's kind of implied with the section that the alignment of the road can be determined by the developer to allow for an optimum number of building lots and SCHMITT'S idea is the road could meander or something in it. Having a road that has some bends in it can be a calming devise that would slow traffic down. ROLL CALL VOTE ON MOTION TO AMEND THE RESOLUTION CARRIED 4 -2. The ayes were COMISSIONERS VINBERG, VAHL, TORRES, and SCHMITT. The noes were COMMISSIONERS KERSCH and WATKINS. COMMISSIONER WATKINS MOVED to amend the resolution Section 1 -Line D, to remove Lot 3 from the Panamaroff Creek Subdivision due to the stream and wetland information received on it. ROLL CALL VOTE ON MOTION TO AMEND THE RESOLUTION FAILED 3-3. The noes were COMMISSIONERS KERSCH, SCHMITT, and VAHL. The ayes were COMMISSIONERS WATKINS, VINBERG, AND TORRES. 7/18/2012 Page 9 of 12 P &Z Minutes ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 4 -2. The ayes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINBERG. The noes were COMMISSIONERS KERSCH and WATKINS. OLD BUSINESS There was no old business. NEW BUSINESS A) City of Port Lions Resolution 12 -07 requesting the Planning & Zoning Commission initiate a rezone of Lot 3, Block 4, Port Lions Subdivision from R1- Single - family Residential to PL- Public Use Lands. Dvorak reported nobody is here from Port Lions; we didn't recommend it to them since there isn't a public hearing. This is a result of a zoning complaint regarding some further development of the city's water treatment facility which is located on this lot. They've had their new water treatment facility for a couple of years now and they were actually developing another facility related to that that caused the complaint but when we looked at it it did seem appropriate to consider this as a rezone due to the location of the treatment plant is dictated by the infrastructure that's already existing where the main water line comes into the community and where it's distributed to. This is the only practical place. This seems to be the only way to fix the problem. Staff recommends the commission initiate a rezone. Dvorak mentioned he had updated the guidelines but he didn't think the commission got them so to clarify it's actually Port Lions Subdivision 3rd Addition. COMMISSIONER SCHMITT MOVED to initiate a rezone investigation to rezone Lot 3, Block 4, Port Lions Subdivision Third Addition, from R1- Single- family Residential to PL- Public Use Lands. ROLL CALL VOTE ON MOTION UNANIMOUSLY B) Capital Improvement Projects Dvorak said this is a preview of the coming attractions to get you in the right mind frame. It's his understanding that the commission has streamlined this CIP process in the past. We did get a lot of projects funded in this last legislative cycle so we'll be looking at dropping some things off and moving other projects up. It's an opportunity to re- evaluate it. Dvorak said the governor's budget will probably be determined in September so in order for you to pass on your recommendation to the Assembly to pass it on to the governor it is essential we get it done in one shot. Discussion of funding received. COMMISSIONER SCHMITT asked Dvorak to follow up on what the funding was to find out if, for example, we should ask for the remaining amount for the Pier 3 replacement and things like that. COMMISSIONER KERSCH said if we have $2.6 million left over from Baranof Park maybe we could put that into Woody Way Park and buy Lots 4 and 5. CHAIR TORRES asked staff to provide any information as early as possible for next month's meeting to give the commission more time to review projects. COMMUNICATIONS A) Planning & Zoning Commission Results Letters from Previous Meeting B) Letter of Courtesy & Advisory re: the use of a recreational vehicle for living purposes in the 1- Industrial Zoning District Dvorak gave a brief report on communication items. 7/18/2012 Page 10 of 12 P &Z Minutes COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • August 8, 2012 work session at 6:30pm in the KIB Conference Room. • August 15, 2012 regular meeting at 6:30pm in the Assembly Chambers. B) Abbreviated and Final Approval - Subdivisions Dvorak reported on the Ouzinkie Harbor plat approval. The commission reviewed this plat at one time and it was linked to a rezone. Staff noted when the preliminary plat was brought in was the area was still zoned R1- Single - family Residential. There had been grandfathered or non- conforming rights to structures and activities there in the past but with this brand new dock facility it seemed prudent that moving forward and creating more development opportunities that we should get the zoning correct. When the rezone was put forward an effective clause was recommended that the rezone became effective when the plat got filed. COMMISSIONER WATKINS MOVED to accept reports as presented. VOICE VOTE ON MOTION UNANIMOUSL AUDIENCE COMMENTS Nancy Kracke said when Mr. Scholze said that we have a driveway up on that one piece of property. We did put one in, and we have drainage underneath this road, so one area that had a slope is dropping more. There is water all over those properties and in various areas underground. We've put some drainage things in to accommodate everything, and this one is not completed, it was cut in up on the hill. When we're talking water on Lot 3; that really is wet and she doesn't see how anyone can use it for anything. CHAIR TORRES encouraged Kracke to, when this comes to the Assembly; it's mentioned across the board here that the more public comment we can get on cases and more participation the better results we can get. Kracke stated she doesn't think anyone ever pays any attention to any of the wetlands or swamp. When we had the stock in there we reseeded everything and tried to take care of it. Kracke has cleaned out the creek a number of times but there is drainage and it's not in doubt. COMMISSIONER'S COMMENTS Alan Schmitt said he'd like to re- iterate that we need to look out for the entire community and there's a need for homes. This is the way to get that process started and it's very preliminary; there would be additional studies. It may come to pass that some of the parcels are not suitable and then they wouldn't be sold. Additionally, Schmitt enjoys parks, he walks every day in his neighborhood and he'd hate to see more trees come down at the Woody Way Loop area but we need more building lots, and the water and sewer; those connections are difficult to put things in new where they don't exist at all. It can still be prohibitive due to topography. He hopes the Assembly hears a lot about that. Following up on KERSCH'S idea of the park there it would be a city park but the borough owns it right now. Basically, every day this week the city has been out watering, fertilizing, and mowing the grass with a lot of man hours into the field this summer. They've also been grading it and the Relay for Life will be there this 7/18/2012 Page 11 of 12 P &Z Minutes year. It gets a lot of public use. Maybe there is some city land that the borough could trade for this tract. Bill Kersch said he's looking at the Ouzinkie Harbor plat and asked Dvorak if there's any way to hyperlink in the i- annotate so we can go directly into the GIS mapping because he can't find this when he goes to the GIS map, Dvorak said that would be a question he could relate to the IT people, he doesn't know all the capabilities of i- annotate and whether there can be some sort of mesh up. Kersch said when he's looking at the plat he can't distinction any of the physical features so he went to the GIS map. It would be nice if we could hit the hyperlink to the GIS map. Alan Torres said he's been gone for a while taking care of personal business and vacation and he's glad to be back. He's going to have to go back to read up on the cases that were before the commission while he was gone. Tonight on the land disposal, he wanted to re- iterate that tonight is just the first step; it's not even close to approval for the borough to start selling land. It will go before the Assembly and then a lot more studies after that. Hopefully, it will go to more people and organizations that have a more pointed focus to find these issues to bring up to the Assembly. DELIBERATIONS There were no deliberations. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 8:24 p.m. KODIAK ISLAND BOROUGH PLANNING A ZONIN • COMMISSION Alan Torres, Chair ATTEST By n Sheila Smith, Secretary APPROVED: August 15, 2012 7/18/2012 Page 12 of 12 P &Z Minutes