2012-08-15 Regular Meeting KODIAK ISLAND BOROUGH l I ' 1 4
PLANNING & ZONING COMMISSION 1 j i SEP 2 1 2012 J,
MINUTES
August 15, 2012 6:30 p.m.,in,the Assembly Ch�mliets,.
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CALL TO ORDER
CHAIR TORRES called to order the August 15, 2012 regular meeting of the Planning and Zoning
Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance.
ROLL CALL
Casey Janz requested to be excused.
Commissioners present were Bill Kersch, Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg.
Excused were Casey Janz and Brent Watkins.
Community Development Department staff present was Duane Dvorak and Sheila Smith.
COMMISSIONER SCHMITT MOVED to excuse Casey Janz and Brent Watkins.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER VAHL MOVED to approve the August 15, 2012 agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SCHMITT MOVED to approve the July 18, 2012 minutes.
VOICE VOTE ON MOTION
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were none.
PUBLIC HEARINGS
A) Case 13 -003. Request a Title 18 Land Disposal, per KIBC 18.20.100 A - Disposal for fair
market value, according to KIBC 18.20.060 - Applications. The applicant is Nancy L. Kracke. The
location is proposed Lot 1 on a portion of USS 2539 and the zoning is C- Conservation.
Dvorak reported 6 public hearing notices were sent out relating to this request with one reply from the
petitioner in favor of the request. Staff provided a memorandum and a resolution that's a positive
resolution to this request. Staff recommended denial of the request for the reasons mentioned in the
staff report; the property was designated last month as surplus, available for potential disposal but the
property isn't ready for disposal because it needs subdivision, rezoning, all of which we would expect
to see happen to this parcel as well as the other parcels proposed for disposal last month. It will
eventually come up for sale and the petitioner will be able to bid on the property. In the alternative we
provided a positive motion recommending that the commission recommend to the assembly that the
assembly extend a courtesy to the petitioner allowing an offset or matching bid when this comes up for
disposal which seemed like a better compromise than direct negotiation and disposal. Staff feels going
with the regular borough land disposal process would be better.
COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -03
recommending disposal of Parcel 1 of a portion of U.S. Survey 2539, located near the end of
Panamaroff Creek Drive, by direct negotiation with the applicant for fair market value.
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The public hearing was opened and closed. Public testimony was given by:
Nancy Kracke, applicant, stated borough representatives trespassed on her daughter's property
adjacent to the subject parcel instead of asking permission, and they've created their own narrative
about her future intentions instead of talking to her. Last week Mr. Scholze submitted late material at
the work session not included in the work session packet leaving her no opportunity to respond until
tonight. He presented pictures that he falsely stated is a recently constructed driveway on her
property indicating intent of building a home. The road is over a year old and on her daughter's
property, not hers. Mr. Dvorak and Mr. Scholze outlined 4 arguments against allowing her to buy the
land at fair market value. #1. In the August 1 memo Mr. Scholze stated "being adjacent to the parcel
doesn't mean she should have the option to buy it." Kracke used adjacent in her request to describe
location only. Regardless, being adjacent shouldn't preclude her from having the opportunity to buy
the property. #2. The borough cannot determine a fair market value without going to an auction. She is
confident the borough appraiser has a handle on the property values in Kodiak. In his August 3 memo
Mr. Scholze stated " #3. That the proposed land does not meet its current Conservation zone
requirements and cannot be disposed of until rezoned into smaller pieces." This seems to be a
statement of the borough's lack of preparation, not whether she should be considered the option for
buying it for fair market value. #4. Allowing her to buy the property fails to fill needs of local realtors
and builders because she already owns land. This argument is without merit because her plan would
be to sell her current two -story home and build a one -story home while her daughter and son build
homes on their properties. She fails to see how this plan doesn't support local realtors and builders.
The borough insinuated that she built a fence without their knowledge of some sort of land grab. The
fence was for additional grazing for her livestock and she never intended it as a claim on the property.
Mr. Scholze knew she had permission for the fence but neglected to share that information with the
commission. There are so few opportunities for someone her age to live outside city limits; she wants
to remain in her own home surrounded by a support network of her family and live her remaining
days with dignity in Kodiak. Kracke thanked the commission.
Bob Scholze, KIB Resource Officer, stated he had no intention of mischaracterizing her intent for her
daughter's property or the fence on a portion of borough land. Ms. Kracke had expressed that she had
permission granted in the 1990's to fence that portion of the land, but there was nothing in writing so
there was no permit issued. Scholze tried to track down if that permission was granted and he couldn't
establish that. It's not a substantial fence and it could be easily removed. It does serve the purpose of
excluding the public from public land. This wouldn't have colored the recommendation in this case,
and Scholze apologized to Ms. Kracke. One way to establish fair market value is by an auction and it
wasn't meant to imply that's the only way.
In response to CHAIR TORRES'S inquiry on prior requests to purchase borough land, isn't it normal
practice that when the request comes through to have the survey work done, Scholze stated that one
case recently was not for a piece of property that could consist of a separate lot, it was for a portion of
adjacent borough land. In that case the applicant does bear the cost of surveying and appraisal above
and beyond fair market value. The determination was made last month that this is surplus to borough
need and based on that we would proceed to a sale of the lot. Ms. Kracke or anyone can purchase the
lot at fair market value. If there is going to be an alternative method of disposal that's for the assembly
to do.
Brief discussion
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY
COMMISSIONER SCHMITT MOVED to recommend that the assembly consider the grant of an option
for the applicant to match a high bid on proposed Parcel 1 of a portion of U.S. Survey 2539, located
near the end of Panamaroff Creek Drive; and to adopt the findings contained in the staff report dated
August 3, 2012 as findings of fact for this case.
FINDINGS OF FACT
1. The commission has previously reviewed Parcel 1 of a portion of U.S. Survey and recommended it
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to the assembly as surplus to the borough's needs.
2. Assuming that Parcels 1, 2 and 3 of a portion of U.S. Survey are approved for disposal by the
assembly, it would be more efficient to have all three parcels prepared concurrently in a single
development process which could include rezoning, surveying, appraisal and other disposal
related preparations.
3. A competitive disposal would provide an opportunity for the applicant in this case to make a bid
for the parcel in question, while ensuring the assembly goal of making developable land available
to the community as a whole is met.
4. A competitive disposal would ensure that the market value of the property is determined through
competitive process rather than by appraisal which is always subject to changes in market
conditions based on the variables of time and location between comparable land sales.
5. The assembly can grant the applicant a preference or option during the disposal process and allow
them to match a high bid in the competitive disposal process if they are convinced that the needs of
the applicant are compelling and persuasive.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case S13 -004. Request Preliminary approval, per KIBC 16.40.080 - Private roads, replatting
the location of a private road (Spruce Haven Lane) crossing Lot S Spruce Haven Subdivision,
according to KIBC 16.40 - Preliminary Plat. The applicants are Rose & Alan Wolfe. The location
is 2138 Spruce Haven Lane and the zoning is RR1 -Rural Residential One.
Dvorak reported 10 public hearing notices were sent out for this request. We received 1 objection
from a review agency; ACS was concerned about adequacy of an easement coverage for the telephone
line. The day after the work session the petitioners brought in an alternate plat that was included with
a supplement memo with your packet. It identified the location of the telephone pedestal and we sent
it to ACS who replied that their concerns have been met but upon further review we were concerned
that the substantial utilities are the water and sewer lines. Typically we would expect to hear from
Public Works but these particular utilities belong to the homeowner association in this area so City
Public Works wouldn't have commented. When you size an easement it's based upon the type of
equipment that would be necessary to dig up the line so we do see a potential need to widen the
easement 5 feet out board of the center of the water and sewer lines so a backhoe could dig up these
lines if they are ever broken or in need of maintenance it could be done within the easement. Also
there's no setback from an easement so to ensure that the building of a home foundation doesn't
interfere with the utility, to ensure the maintenance of the utility doesn't interfere or undermine a
building foundation that extra 5 foot clearance seems to be justified. We did recommend the 1
condition of approval that we would expect to be executed on the final plat.
COMMISSIONER SCHMITT MOVED to grant Preliminary approval, per KIBC 16.40.080 - Private Roads,
replatting the location of a private road (Spruce Haven Lane) crossing Lot 5 Spruce Haven Subdivision,
according to KIBC 16.40 - Preliminary Plat, subject to one (1) condition of approval, and to adopt those
findings of fact in the staff report dated August 3, 2012, as Findings of Fact for Case No S13 -004.
In response to CHAIR TORRES' inquiry regarding the condition not being listed in this staff report,
Dvorak said the motion in the supplement does reference August 3
CHAIR TORRES said he will just read the condition of approval because it's the same.
The public hearing was opened & closed:
Rose Wolf, applicant stated her and her husband met with borough staff this week and are in
agreement with adding 5 feet to sides of the easement, the existing easement is 12 feet so 5 feet on
both sides would add 10 more feet for a total of 22 feet width utility easement.
In response to COMMISSIONER SCHMITT'S inquiry that the idea is that you will put your house on the
side of the road away from the water, Rose Wolf said they don't want to be on a cliff.
CONDITION OF APPROVAL
1. The width of the utility easement located outside of the platted right -of -way easement shall be
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increased in width by at least 5 feet outboard from the centerline of the noted water and sewer
utility lines noted on the preliminary plat.
FINDINGS OF FACT
1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area.
2. This plat meets the minimum standards of survey accuracy and proper preparation of plats
required in Title 16 of the Borough Code.
3. This plat meets all the requirements of Title 17 of the Borough Code.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case 13 -004. Request a height Variance, per KIBC 17.160.040 - Height limit, allowing the
construction of a detached accessory building to exceed the maximum allowable height of 25
feet, according to KIBC 17.195.050 - Approval or denial, and, subject to a replat of Tracts G4 &
G5 United States Survey 1396, according to KIBC 16.30 - Abbreviated Plat. The applicant is
Kevin Suydam. The location is 1414 Larch Street and the zoning is R2- Two - family Residential.
Dvorak reported 61 public hearing notices were sent out for this request. Two responses were
received in favor. The applicant was unable to be at tonight's meeting and they were emailed a packet
and staff recommendation around the time of the work session last week. We discussed it over the
phone and they've provided an email reply based on their reading of staff's analysis and
recommendation. Staff expressed concerns that they had conforming alternatives. They're breaking
ground with a permit for a single family residence but they're awaiting the outcome of this request to
decide whether they'll go forward with an abbreviated plat that's already been granted preliminary
approval that would erase the property line between their existing home and this new structure. Staff
was also concerned about the scale although it wasn't reflected in the end recommendation. The limits
imposed on an accessory building is the 10% lot coverage and the 25 foot building height that usually
ensures accessory buildings are accessory both in purpose and in scale to the main structure but in
this case if you grant the variance you'll have a 2500 square foot principle dwelling unit and then a
6500 square foot 3 story accessory building. With those concerns staff recommended denial of the
variance.
COMMISSIONER SCHMITT MOVED to grant a height Variance, per KIBC 17.160.040 - Height limit,
allowing the construction of a detached accessory building to exceed the maximum allowable height of
25 feet, according to KIBC 17.195.050 - Approval or denial, and, subject to a replat of Tracts G4 & GS
United States Survey 1396, according to KIBC 16.30 - Abbreviated Plat.
The public hearing was opened & closed: There was no public testimony.
Brief discussion
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY
COMMISSIONER SCHMITT MOVED to adopt the findings in the staff report dated August 3, 2012 as
Findings of Fact in support of the commission's denial for Case 13 -004.
FINDINGS OF FACT -
17.66.050 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.
Exceptional conditions applicable to the intended use of the property do not exist.
Zoning districts in Kodiak do not exhibit homogeneous topography. The appropriate unit of
comparison is the similarly zoned properties within the neighborhood.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or
unnecessary hardships.
Some degree of practical difficulty or hardship may result from the strict application of the zoning
ordinance.
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However, the applicant does have conforming alternatives available in order to proceed with the
construction of the permitted structure and achieve the utility he desires, i.e., a street level parking
garage for his personal pleasure craft.
17.66.050 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.
Granting the variance will not result in material damages or prejudice, nor be detrimental to public
health, safety, and welfare.
The finished edifice would not result in an appreciably diminished view scape.
17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
The 2008 Comprehensive Plan Update is a general policy guideline. It does not address site specific
standards / requirements such as permitted uses and height limits.
17.66.050 A.5.That actions of the applicant did not cause special conditions or financial
hardship or inconvenience from which relief is being sought by the variance.
The applicant is seeking relief from a self- imposed inconvenience.
The applicant had ample opportunity to methodically develop specific plans in order to develop the
property to his specific requirement prior to undertaking the current construction activity.
17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the
district involved. •
Granting the height limit variance will not permit a prohibited use, per se, in the applicable zoning
district.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case 13 -005. Request a detailed site plan review, according to KIBC 17.130.020 H - Nursing
Home, allowing for the construction of a long term care facility. The applicant is the Kodiak
Island Borough and the agent is Bob Scholze, Borough Resource Officer. The location is 1909
Rezanof Drive East and the zoning is PL- Public Use Lands.
Dvorak reported 56 public hearing notices were sent out for this request. We received 1 response in
favor. When we introduced this case at the work session he didn't realize he had omitted the site plan.
Mr. Koning, Engineering & Facilities Director was there and handed out copies and since then we've
added them to your dropbox. We've reviewed the site plan and there's also a floor plan included. It
appears everything has been addressed that we would look at for parking. There is some drainage
noted and there's the topography. We recommended approval subject to standard conditions. The
Parks & Rec Committee had also made a comment on the prospect of a trail that was discussed at the
packet review and it seemed in the past that the impediment in improving the trail was the adjoining
property owner, the Baptist Mission property where they've accepted some public use but were
reluctant to approve a more formal recognition and improvement of this trail corridor. Staff
recommended approval, and the Engineering & Facilities representative, Dave Conrad, is here to
answer questions.
In response to COMMISSIONER KERSCH'S inquiry of how they're going to access this because of the
topography, Dvorak said access will be from the Chichenoff cul -de -sac, the road actually sidehills the
topography somewhat to where the slope is out of normal parameters there. It will probably require
some additional maintenance for snow removal and that type of thing.
In response to CHAIR TORRES' inquiry of it's not a road, it's a driveway, Dvorak stated that's correct
and the driveway standards are a little more liberal than the road standards but at a minimum it still
has to meet the fire code.
In response to COMMISSIONER SCHMITT stated he presumes this is to scale but the main entrance to
the hospital looks pretty close to the same width as the driveway, Dvorak stated yes.
COMMISSIONER SCHMITT MOVED to grant approval according to KIBC 17.130.020(H) (Site Plan
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Review - Nursing Homes) of a detailed site plan of the proposed Long -Term Care Facility to be located
on Lot 2A, Block 1, Hospital Subdivision, as described in the Memo submitted by the KIB Resource
Management Officer dated June 28, 2012, and to adopt the conditions of approval and findings of fact
in the staff report dated August 4, 2012 for Case No. 13 -005.
The public hearing was opened & closed. Public testimony was given by:
Andy Schroeder, Parks & Recreation Committee member, stated he's here to ask for the protection of a
trail segment that could be affected by Case 13 -005. These comments echo and amplify 2 motions
recently passed by the Parks & Recreation Committee at our last 2 meetings, also calling for the
protection of the trail. The Chichenoff Trace Trail is used by local hikers, runners, dog walkers, and
elementary school students walking to and from East Elementary. The trail is part of the traditional
route of the Earth day Triathlon, a long standing community event hosted by the City of Kodiak. The
Chichenoff Trace begins at East Elementary behind the hospital and weaves through a stand of Spruce
trees to East Addition Subdivision near Chichenoff Street, The trail passes near or through, and it looks
like, from this site plan, it goes through the area proposed for development. Then the proposed route
follows a city right -of -way through East Addition Subdivision behind Spenard Builder Supply through
Baranof Park and ultimately connects to the Main, middle school, and high school campuses. Most
lands along the route are public lands or rights -of -ways. Future plans for the Chichenoff Trace would
connect the current bike path to the new bike path to be constructed south of town making it the
centerpiece of a continuous non - motorized route from Bells Flats to Monashka Bay. The Chichenoff
Trace was one of many cited in the Kodiak Road System Master Trails Plan adopted by the borough
assembly and we ask for the continued existence of the Chichenoff Trace. We fully support the plan for
the senior housing project and we hope that future residents and its employees of this facility will be
able to use this trail in their neighborhood
In response to COMMISSIONER VINBERG'S inquiry regarding the provision you just described, would
that potentially delay any of the development for the long term care facility, Schroeder stated he
doesn't think it has to and it looks like the site plan sits squarely on top of where the trail is right now
but what were looking for is the spirit of cooperation between the borough, the developing entity, and
the trails community to ensure the trail can stay.
During discussion COMMISSIONER SCHMITT suggested an additional condition and read it to the
petitioner for his approval.
In response to CHAIR TORRES' inquiry of what staffs opinion is on the condition that COMMISSIONER
SCHMITT read, Dvorak stated that staff recognizes the trail's existence and whatever can be done to
relocate the trail to co -exist with the new development makes sense. There's still a need for this trail to
continue and as mentioned it may be considered an amenity to the site.
COMMISSIONER SCHMITT MOVED to amend the conditions of approval to add #4 that reads "The
Engineering & Facilities Department shall work with Island Trails Network to preserve and reroute as
necessary what is known as Chichenoff Trace Trail."
In response to COMMISSIONER SCHMITT'S inquiry regarding the motion and findings of fact are
different in the staff report and the guidelines, Dvorak said he cuts and pastes from previous staff
reports and it may have been taken from the school site plan review. The motion, conditions and
findings should be used from the staff report.
COMMISSIONER VINBERG stated there's an opportunity to introduce space for a dumpster location on
the back side because there is plenty of curb space there.
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 long term care facility
site.
4. The Engineering & Facilities Department shall work with Island Trails Network to preserve and
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reroute as necessary what is known as Chichenoff Trace Trail.
FINDINGS OF FACT
1. Development of a new Long -Term Care Facility will address many existing compliance deficiencies
which exist in the existing facility which is an adaptive re -use of a facility that was never designed
for the purpose.
2. A new LTC will increase the number of beds available for long term elder care which will address a
growing need in the community as people are living longer and as the demographic studies
indicate the number of names on waiting lists for existing beds will only continue to increase.
3. This site plan review balances the community need for an expeditious review of the proposed LTC
with the need to ensure that the proposed facility is a good fit in the location and context it is
proposed to be developed within and which meets the minimum standards of a site plan review
required under KIBC 17.130.020.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
There was no old business.
NEW BUSINESS
A) Case 13 -007. 2013 -2017 Capital Improvement List
Dvorak reported the commission discussed at last week's packet review. Staff had presented a draft
resolution based on last year's adopted resolution which we updated it based on some of the funding
received through the state capital appropriation process. Some projects were granted partial funding
and still may need to remain on the list. Between the packet review and the regular meeting tonight
we've done a roll up of all the projects that were determined should remain on the list. We've talked to
the city and the borough, and we've received additional input from Parks & Rec that we've put into a
new revised resolution, 2013 -02. That was distributed to you as a supplement to the packet. Staff has
taken off the numbering that was held over from the last one so these aren't presented in any
particular order, some items may still be in the order that it was in, and we took some items out, we
inserted a few items but it's up to the commission to determine the order. We put everything in this
resolution, and some of the items from the Parks & Rec Committee were updated, in here is from their
last meeting and has some new items without project scope, description, or cost estimates. We added
them to the end of the list and gave each one a $50,000 price tag as a placeholder as potential new
entrance to the list. We've taken your comments into account in this final draft.
In response to COMMISSIONER SCHMITT'S inquiry regarding Bud Cassidy's cover memo dated August
7, 2012 to Meagan Christiansen that has a proposed resolution attached to it, is that the one you were
referring to because none of them are numbered, Dvorak stated that's a resolution that Christiansen is
working on for Cassidy for the assembly and it's still subject to some amendment before, presumably
based on what your recommendations may be that's still going to be amended but Dvorak did adopt
that style in this draft.
COMMISSIONER SCHMITT'S said he's looking for the one Dvorak's been talking about, CHAIR TORRES
let SCHMITT look at his and the other one didn't have Pier 3 on it, Dvorak said the revised resolution
would be in a separate folder from the main agenda packet because all the supplemental information
was put in folders according to case numbers.
In response to COMMISSIONER KERSCH'S inquiry regarding the Antone Larsen Road extension, $21
million, where do they come up with that figure, Dvorak stated there was a study done some years ago
by the State of Alaska and $21 million was the estimate to bring it up to state road standards from
about the golf course area where the existing pavement stops out to the end to the boat dock area
which is what the state maintains on a seasonal basis. One of the most substantial costs of that project
is bridging the switchback right past the golf course when you start to gain elevation. There were
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several alternatives looked at but putting a bridge over the chasm seemed to be the most efficient way.
The rest of it was straightening out the curves in the road to Antone Larsen Bay. One thing not noted in
the attachment was a $450,000 appropriation to the Spruce Island Development Corporation. Ouzinkie
is the native land owner from the boat dock and launch area on out. There's been an initiative in the
past to extend the road to an ice free harbor further out on the point between Antone Larsen Bay and
Sharatine Bay, and the $450,000 was for surveying and preliminary design of a road extension.
COMMISSIONER SCHMITT MOVED to adopt Resolution 2013 -02, a Resolution of the Planning and
Zoning Commission recommending a 2013 -2017 Capital Improvements Projects list with the existing
batting order just putting the numbers in sequentially.
COMMISSIONER VINBERG stated he didn't realize that Koniag had involvement with the road
extension and he wanted to make clear Koniag is his employer.CHAIR TORRES stated if VINBERG is
asking him to make a determination if it's a conflict of interest, CHAIR TORRES doesn't see a financial
gain here so he has no objection participating in this.
Discussion
In response to CHAIR TORRES' inquiry regarding Parks & Rec's list, the Urban Trails Plan
Implementation Phase 1, TORRES thought the Trails Plan was done, Dvorak said the Trails Plan is done
and that establishes several policy guidance but what they're talking about in the plan are some
recommendations are forward looking towards certain projects establishing certain priorities and
getting funding to actually do projects described or recommended in the plan.
In response to CHAIR TORRES' inquiry of could that and the trailhead improvements be incorporated
into one, Dvorak said yes, and he thinks they were describing it as urban projects and rural projects or
road system projects. That's how it's broken down in the plan; the need for urban trails, sidewalks,
paths, and trail connections to make it more into a system. They're working with Trail Summits on the
Russian Ridge trail system, it's not just a single trail, there's a whole network of trails on the Russian
Ridge area.
During discussion CHAIR TORRES said regarding five out of the six projects of Parks & Rec's doesn't
have a description, TORRES feels it's not a good practice for us to forward on to the assembly the list
without some sort of description. COMMISSIONER VINBERG asked Dvorak if there's a way to get that
information expounded on and move it forward. Dvorak said he doesn't think there's time to do any
more researching but he thinks the commission should take action tonight in order for your
recommendation to be considered by the assembly. at their September 16th meeting. COMMISSIONER
SCHMITT asked if a message can be relayed to Parks & Rec that it would be in their interest to provide
narrative for these items at the assembly meeting, Dvorak stated he thinks we can do it, and he doesn't
disagree with what CHAIR TORRES suggested about lumping those together given they don't have
descriptions now, they're all projects described in the plan and perhaps this is the initial request to
simplify things to make them one line item and then let the Parks & Rec Committee really come
forward with some priority projects and do some scoping of their own. Some of the P &R list is already
on the CIP list so it's only a small group of items that were added.
In response to COMMISSIONER VAHL'S question about if P &Z is making any recommendations for
these items with descriptions, CHAIR TORRES stated we had staff correct some of the dollar values
that's already been awarded money for some projects, some projects on the old list were fully funded
and taken off, three or five were taken off, so the rest of the projects were prior projects that came out
of here. He doesn't think there were any additional projects that came from the commission.
COMMISSIONER SCHMITT MOVED to amend the draft resolution FY 2013 -02 to combine the final 2
items at the bottom of page 3 into 1 item at $50,000 and to delete the first 2 items and the last item on
page 4.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY
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B) Case 13 -008. City of Ouzinkie Resolution 2012 -11 requesting the Planning & Zoning
Commission to initiate a rezone of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from
R1- Single- family Residential to UNC -Urban Neighborhood Commercial.
Dvorak reported this request is similar to the request considered last month for the City of Port Lions.
There was a complaint filed because of a GCI communications facility constructed on city land. There
was misunderstanding about the zoning and now that the city is aware of the problem they've
requested this initiation of a rezone. They've looked at the Comp Plan and the guidance does seem to
be somewhat favorable to the request. It's designated for mixed use which includes some commercial
uses and we felt like the Urban Neighborhood Commercial zone given that it has that neighborhood
checks and balances built into it, it could be a good fit but it does require some review and discretion
by the commission and ultimately the assembly would make the final decision. Staff recommends
initiating this request. It would appear on your October agenda if you initiate this investigation.
COMMISSIONER SCHMITT MOVED to initiate an investigation for Lot 2, Block 17, Ouzinkie Townsite
Subdivision for a rezone from R1- Single - family Residential to UNC -Urban Neighborhood Commercial;
and,
To initiate a concurrent conditional use permit (CUP) review for the existing satellite ground station as
a conditional utility facility that will be located in the UNC zoning district if the rezone is successful.
Discussion
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
COMMUNICATIONS
A) Notice of Violation and Order Re: a Similar Use Determination Previously Granted Dated July 27,
2012
B) Notice of Compliance Re: the Use of Property for the Storage of Vehicles dated July 11, 2012
C) Notice of Compliance Re: a Home Occupation dated July 16, 2012
D) Letter Re: Actions Related to Expansion of Borough Landfill dated August 2, 2012
Dvorak reported basically these correspondences bring the commission up to date on some open
enforcement actions as well as some that may be closed.
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• September 12,2012 work session at 6:30pm in the KIB Conference Room.
• September 19, 2012 regular meeting at 6:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
• May 22, 2012 Parks & Recreation Committee
• June 12, 2012 Parks & Recreation Committee
C) Abbreviated and Final Approval - Subdivisions
Dvorak reported gave a brief report on reports items.
COMMISSIONER VAHL MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
Nancy Kracke thanked the commission for their patience. The whole scenario is kind of backwards.
She submitted her application on June 22nd thinking it would be on your July agenda. If she would have
researched the codes sooner she would have made this request much sooner. If she had her preference
8/15/2012 Page 9 of 10 P &Z Minutes
she hopes they would keep that area for a trail system because we have so many people who use that
area; skiers, horseback riders, bicyclists, 4 wheelers, and such. One of staff's comments on this area
says it would open up the area for fire trucks, last year when they did the culvert on the main highway
they detoured through this back area and upgraded it so fire trucks can access through there. For that
to be a particular reason to open it up that was already taken care of.
CHAIR TORRES thanked Kracke and encouraged her not to give up and to attend when the land
disposal goes to the Assembly.
COMMISSIONER'S COMMENTS
Rick Vahl apologized for not being at the work session and said one thing he thought was interesting
tonight was the height Variance, and that he read in the staff report about the debate of a ratio,
accessory building, and a home. As you look in the community you see a lot of accessory buildings that
look like they're 6 times bigger than the house. He agrees with the accessory building being huge
because it gets you out of the elements but as a planning perspective is that what our community
should be laid out as.
Alan Schmitt stated he noticed they're doing the site work for the library and it looks like there may be
a sidewalk or at least a path along the side of the road. He doesn't see it on their site plan but he's all
for a path. SCHMITT found it challenging this month with using the ipad; it's nice when the packet is a
packet.
Alan Torres stated as . he's getting around better in the ipad but with all the different supplementals he
doesn't think it went as well this month. He'd like to see a printed copy we can share when there are
questions. It's easier when we have a printed copy. He also agrees with COMMISSIONER SCHMITT that
maybe the big agenda packet could be changed and the supplementals added to the packet instead of
all the different files. It would be easier if they were in that case in the packet.
Smith said she can do that but it requires her to replace the document so you would have to re-
download it.
Alan Torres stated he didn't have to download the whole packet but he did have to download about 10
individual documents before the meeting started so he would prefer one amended packet instead of a
whole bunch of supplementals.
Rick Vahl stated he found the (annotate with the tabs at the top he can stay organized as he uploads
those from the Dropbox. What he's using is the typewriter and pencil as he goes through the packet so
if he uploads a new packet all those annotations will be gone.
DELIBERATIONS
The commission did not go into deliberations.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
•
CHAIR TORRES adjourned the meeting at 8:40 p.m.
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
Alan Torres, Chair
ATTEST
By: C'CP,Pl l'CIY 61
Sheila Smith, Secretary
APPROVED: September 19, 2012
8/15/2012 Page 10 of 10 P &Z Minutes
