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2012-12-19 Regular Meeting IF I' iii jy s H YV� Kodiak Island Borough u ! JAN 2 3 2013 LL tk Planning & Zoning Commission Minutes 0S:OROUG i CLERK'S OFFICE December 19, 2012 6:30 i ' . the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the December 19, 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 Bill Kersch and Brent Watkins requested excusal. Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. Excused were Bill Kersch and Brent Watkins. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Bill Kersch and Brent Watkins. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Community Development Department staff present was Martin Lydick and Sheila Smith. APPROVAL OF AGENDA The commission suggested to re- arrange the agenda in order to hear public hearing item 7 -D (rezone) before 7 -C (CUP). COMMISSIONER SCHMITT MOVED to approve the December 19, 2012 Planning & Zoning Commission agenda and re- arrange the order to hear public hearing case 7 -D before 7 -C as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES Smith didn't receive Brent Watkins message until after the meeting that he requested excusal. COMMISSIONER VAHL MOVED to approve and reflect Brent Watkins as excused from the November 21, 2012 regular meeting as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Judy Kidder sat in on the interview process when the City of Kodiak interviewed for the P &Z seat and all the questions that were asked of the candidates for the city seat were similar except one for the P &Z and she has an issue with the question; the question was if you disagree with the city's position would you go along with it. She has an issue with that question because it's basically asking someone to say I will agree with you even if I don't agree and it's not in the best interest of Kodiak. She has requested minutes from the city but have not been provided any. Marilyn Guilmet stated she attended that meeting and said that meeting was very disturbing. She sees the P &Z as people who listen to us and represent us and she's very thankful for the commission. It gives us an opportunity to express something outside the current beliefs or ideas of what is happening and to have somebody ask an applicant whether they will agree with them regardless is uncalled for, 12/19/2012 P &Z Minutes Page 1 of 11 it's out of line, it smacks against proper protocol, and to not give us the minutes. They would give us the minutes on everything except on that question. When things like this happen it diminishes the trust people have whether it's warranted or not. When that information is not given to us as citizens of this community under the right to information act then that diminishes our basic trust in those who are representing us. Every commissioner should be able to give their own opinions and that's why you are here. We want P &Z to feel comfortable to cone out with their own ideas; they may be innovative, maybe much better than what is established. She encourages the commission to stand for what you believe and not be coaxed to go along with business as usual. CHAIR TORRES said the sitting commissioners don't have a say on any of those meetings, the city makes a recommendation to the borough assembly and the mayor appoints the commissioners. PUBLIC HEARINGS A) Case S13 -010. Request Preliminary approval, per KIBC 16.40, of the subdivision and replat of Lot S and Tract E -1, Chiniak Alaska Subdivision, creating Lots SA, SB, SC and Tract E -1, Chiniak Alaska Subdivision. The applicant is the Kodiak Island Borough, and Bob Scholze, Borough Resource Officer is the agent. The location is generally located near King Crab Way in Chiniak Alaska. The zoning is PL- Public Use Land. Lydick stated this subdivision request has been submitted as a positive response to the Assembly's efforts to dispose of unneeded public lands, with an emphasis for those lands with residential potential. Previously identified by the Commission, and affirmed by the Assembly as a likely candidate for disposal, this parcel, upon further examination, has demonstrated the potential to provide more than a single lot disposal opportunity. With approval tonight, this subdivision will be scheduled to re- appear on a future agenda of the Commission in order to address unresolved disposal and zoning issues. Staff is recommending preliminary approval for the subdivision, as requested. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision and replat of Lot 5 and Tract E, Block 1, Chiniak Alaska Subdivision, creating Lots 5A, 5B, SC and Tract E -1, Block 1, Chiniak Alaska Subdivision, and to adopt the findings in that staff report December 7, 2012, as "Findings of Fact" for case S13 -010. The public hearing was opened & closed: There was no public testimony. Discussion FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S13 -005. Request Preliminary approval, per KIBC 16.40, of the subdivision of Lot 2A, Block 1, Holland Acres, 1st Addition, creating Lots 2A -1 through 2A -8, Cottonwood Cove Subdivision. The applicant is Art & Arlene Zimmer. The location is 170 Island Lake Road, and the zoning is B- Business. Lydick stated this request for preliminary subdivision approval comes back before the commission after an October 2012 postponement. The applicant, after consulting with staff following the October postponement, has adjusted expectations and incorporated the majority of staff's concerns raised at the October 2012 review. The applicant has indicated intent to proceed with a "phased plat" process. After gaining preliminary approval of the plat, the applicant will then have the opportunity to submit final plats for each phase, as they come on line. This process will allow the applicant to address issues such as building encroachments and utility services on any particular lot in an orderly manner, and 12/19/2012 P &Z Minutes Page 2 of 11 permit a more economically sustainable development of the larger tract. If the time frame exceeds the twenty -four month limit, the applicant will be required to ask the Commission for an extension. Staff is recommending preliminary approval, subject to four (4) conditions of approval. If the commission concurs with the removal of Condition #2, three (3) conditions of approval would attach to a positive recommendation. COMMISSIONER SCHMITT MOVED to grant preliminary approval, subject to the conditions of approval contained in the staff report dated December 6, 2012, and to adopt the findings in that staff report as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony Discussion COMMISSIONER SCHMITT MOVED to add Condition of Approval #5- Access to Lots 2A -1, 2A -2, 2A -3 shall only be via the access easements. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to amend Condition of Approval #2 so it reads "Add a note to the plat that prohibits non - dwelling development on Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A -5, 2A -6, and 2A -7. COMMISSIONER SCHMITT said there isn't a definition for commercial or residential but there is a definition for dwelling which encompasses various types of residential property and that's why he's going with non - dwelling development rather than commercial development. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY In response to COMMISSIONER VAHL'S inquiry about our 2 conditions of approval for your subdivision and one restricting business or non - dwelling units on most of the front lots, how does that affect your development, Art Zimmer replied perhaps none, however; in commercial zoning you may have dwellings along with a business use property and the business use usually gets the best frontage or primary access but there may be a dwelling associated with that business. I wouldn't want that opportunity to be prohibited to anyone that may want to purchase this property for such intended use where they would combine dwelling as well as their business. In response to COMMISSIONER SCHMITT'S inquiry regarding 17.90.020- Permitted Uses - Subsection CC, Single Family and Two family dwellings if located within a structure containing a permitted business use not exceeding 50% of the area of the structure and not located on the street level of the structure may be allowed within a street level business structure, so there could be some combination of business and residence, is that correct, Lydick stated those paragraphs you referenced allow a bottom floor business use, anything that's permitted in the business district and would allow up to a duplex use on the 2nd floor. The other paragraph if his recollection is correct allows a, for want of a better term, a single family dwelling towards the rear of a business structure as long as it does not present itself as the major facade of that building so under those terms with no restrictions, yes, you would be able to have dual use property business, anything that's allowed in the Business Zoning District and residential use. COMMISSIONER SCHMITT MOVED to amend to add Condition of Approval #6 -Meet Service Area # l's recommendations as stated in the September 20, 2012 email from Kelsea Kearns (page 8 of 13 from the October 17, 2012 public comment packet). COMMISSIONER SCHMITT said to clarify it requires there be 18" culverts on all driveways on Melnitsa and requires ditching on lots 2A -1 and 2A -7 on Melnitsa. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER VAHL MOVED to amend that Condition of Approval #2 be removed based on the fact it is on the plat, #8- commercial development of Lots 2A -2, 2A -5, and 2A -6 are prohibited. 12/19/2012 P &Z Minutes Page 3 of 11 COMMISSIONER SCHMITT called a Point of Order stating that was the subject of his 2nd amendment was to amend that condition of approval. FAILED DUE TO A SECOND CONDITION OF APPROVAL 1. Provide all easements requested by KEA in the letter dated September 11, 2012. 2. Add a note to the plat that prohibits non- dwelling development on Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A- 5, 2A -6, and 2A -7. 3. Obtain driveway permits as required for all existing and proposed driveways. 4. Obtain approval for water and sewer connections from City of Kodiak Public Works as indicated in the memorandum dated December 3, 2012. Shared utilities will have to be separated if the structures that they serve will be located on separate lots. 5. Access to Lots 2A -1, 2A -2, 2A -3 shall only be via the access easements. 6. Meet Service Area # l's recommendations that it requires there be 18" culverts on all driveways on Melnitsa and requires ditching on lots 2A -1 and 2A -7 on Melnitsa. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY D) Case 13 -012. Request a Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to (- Industrial Zoning District. The applicant is the Kodiak Island Borough, and the agent is Mike Patterson. The location is 1203 Monashka Bay Road (AKA - Tax Lot 2001, Township 27 South, Range 19 West). The zoning is C- Conservation and PL- Public Use Land CHAIR TORRES handed the gavel to VICE CHAIR VINBERG due to having a conflict of interest and requests a decision on the conflict. VICE CHAIR VINBERG asked the commission if they have any concerns or issues with CHAIR TORRES. There was consensus that there was no conflict of interest. VICE CHAIR VINBERG handed the gavel back to CHAIR TORRES. Lydick stated this rezone request represents step one of a two -step process in order to bring the existing land use and planned expansion into conformity with the current zoning ordinance. Step two is the associated case 13 -016, a request for conditional use permit. This request for a rezone facilitates the community's drive to provide responsible management of the locally generated stream of wastes. A rezone allows for the much needed expansion of the existing footprint, enables the modernization of facilities required to conform to regulatory requirements, and enhances opportunities to incorporate recycling efforts by the public, as well as, the private sectors. Two issues are important in staff's perspective;1) in judging the relative merits of comments opposing the rezone, no action is being proposed that does away with, or modifies, existing restrictions imposed by currently adopted ordinances defining buffers or greenbelt areas, and, 2) the Industrial zoning district actually affords a greater degree of local over -sight of the activity, and provides code enforceability, by virtue of the performance standards contained within the applicable zoning district chapter. Thirty nine (39) public hearing notices were mailed on October 17, 2012. Fourteen (14) responses have been returned commenting on this request for a rezone. Staff recommends the Commission forward a Recommendation of Approval for the rezone to the Borough Assembly. 12/19/2012 P &Z Minutes Page 4 of 11 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District YQ I - Industrial Zoning District, and, to adopt those findings in the staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012. The public hearing was opened. Public testimony was given by: Doug Mathers suggested the borough subdivide the property, take out the greenbelt, rezone the greenbelt to a restrictive zoning, and rezone the landfill to Industrial so we would have Marmot Drive greenbelt with its own property and a landfill with its own property Industrial. Martha McKinney stated she opposed both proposals for the CUP and the rezone. Her reasons are she received 5 notification maps and on one map a greenbelt boundary had been hand drawn in indicating to remain, the other four maps didn't include that and that was hardly reassuring. ADEC told herthat surface water contamination is a significant issue at the dump and there are approximately seven test wells surrounding the baler facility, some of which indicate heavy metal contamination. Lauri Aldrich (ADEC) indicated there was a plan to put a water treatment operation on the ocean side of the current baler facility, and unless residences have wells that are several hundred feet deep they are accessing surface water and not ground water. There are wells with depths of less than 150 feet on both Marmot and Three Sisters. The State of Alaska regulates public drinking wells but not private wells. What is the borough going to do to ensure the residents that surface water is not contaminated? Paul Zimmer called in to say he is not opposed to rezoning the portion of the lot where the landfill is to allow for that landfill activity. We need a landfill but he is opposed to rezoning the entire lot as Industrial. It's not consistent with the Conip Plan. The Conip Plan shows a greenbelt as a buffer along the residential area and Industrial is not consistent with that. He's concerned that if it's all rezoned what potential uses could be done there in the future. Jamie Godwin spoke in opposition and asked staff if there were 37 public hearing notices sent out and 14 responses and she would like to know what those responses were and what percentage of responses were for and against this request. Does the commissioners know what these comments were? She didn't see any packet. Lydick stated he didn't do a statistical analysis of the responses and they wereincluded in the case packets which are right outside the door. Every commissioner has read those comments. Doug Penguilly spoke in opposition and stated the question isn't is there an expansion needed, the question is are you going to rezone this 202 acres land which is now Conservation Use and Public Use into Industrial use, not just the portion that the landfill operates on. A quick fix like this is going to have more problems in the long terns. Tia Leber spoke in opposition and stated the information packets seem to be incomplete with significant things missing; 1st the map on the front is completely different from the Comp Plan map. Frederick Miller spoke in opposition as currently proposed. It has to do with the greenbelt is not properly zoned Industrial. Talked about at the work session is to separate the parcels and zone the landfill itself as Industrial and have a more restrictive zoning for the greenbelt areas. If it's rezoned Industrial it will have an effect on property values and drinking water. Penny Fish spoke in opposition stating her house is about 15 feet from this rezoning. What could happen in 10 years now with the borough, and the composting came up and it opens up too many possibilities for the future. Jean Dixon stated if you look at all the homes that border the area there are about 12 -14 lots. Most of our wells are right beyond the red line on our side. The packet is confusing and she's concerned about the greenbelt and would like it protected. There is a wonderful beach near the house and would like to 12/19/2012 P &Z Minutes Page 5 of 11 see it stay as Public Use Land because it is well used. Andy Schroeder stated he shares the same concerns heard here tonight. As Island Trails Network Executive Director with a mission to preserve trails, access, and open spaces he'd like to see the greenbelt and the Natural Use Lands downhill from the landfill preserved as a green corridor. There is a trail that runs through there across the beach just mentioned and he walks all the way to the VFW, and there's an important trail link there in the trail system. That trail is identified in the Trails Plan as a potential development one day Dave Sundberg spoke in opposition to the rezone as it's written right now. The area you want to rezone has been our playground and basically brings it right up to my back door. Industrial worries him because of the degradation of the area and pollution. Thomas Lance stated he's representing the Monashka Bay Service Area. The effort to rezone to Industrial is deceptive as it was presented. Our road service area didn't receive notice of this. The Monashka Bay Road Service Area created the request for the greenbelt. Rezone the landfill as Sanitary landfill instead of Industrial, make it its own zone and then everything else set aside for a greenbelt and Natural Use area for recreation, water quality, watershed values and to protect home values. Teresa Miller spoke opposing the request because she uses that land for recreation. When she was convinced to buy property outside the city she was assured there were multiple layers of protection for drinking water. Rezoning would strip away one of those layers of protection. Environmentally for the health of the community and the safety of her drinking water as well as property value. Marilyn Guilmet spoke in opposition stating although it helps us to get the area rezoned her heart goes out to all of you. Not one child is damaging, they have drinking water there and no one has been monitoring it. What she's been hearing is amazing. No one monitors the drinking water. Until you come to a reasonable decision that helps everyone she wouldn't feel comfortable. The health of the community, the environment, and the decisions you make will determine the health of them, their children will really determine how their future goes as far as what their lifestyle is going to be like. She feels you need more time to make a good decision for everyone. The public hearing was closed. Discussion of plat 69 -10, it's the City of Kodiak's fill site, permitting issues, the lack of screening along the highway, and the borough come forward with a subdivision. COMMISSIONER SCHMITT MOVED to amend the motion to add following after the word "site ", and before the word "from" — except the green belt described in Ordinance 98 -06. Discussion regarding beaches and other beach areas, greenbelts, proper zoning, and subdividing. CHAIR TORRES inquired if this case is approved and that lot is zoned Industrial does that change any of the greenbelt requirements and restrictions, Lydick stated no, those ordinances exist apart from this action. CHAIR TORRES asked if the only way that could change is if the assembly voted on it when it comes before them, Lydick stated, yes, that's correct. CHAIR TORRES stated the 100% unanimous public comment we received tonight stated they want an established buffer zone, more than the greenbelt ordinance and from the Island Trails Network it may be more along the shoreline that's currently not within the greenbelt. Can we postpone this case with a recommendation to applicant to consider maybe modifying the application to include for a subdivision basically, Lydick stated the P &Z is advisory to the assembly on these rezone actions. The only authority that you have is to pass along a recommendation for rezone as amended, if that is your desire or a recommendation not to rezone. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Iustification for a Change or Amendment. 12/19/2012 P &Z Minutes Page 6 of 11 Responsible management of a community's waste stream is a necessary function of local government. Providing the means and venues for managing a community's waste stream fulfills the government's responsibility as such. No other consolidated tract of land with the requisite size, accessibility, and zoning is available. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY C) Case 13 -016, Request a Conditional Use Permit, according to KIBC 17.200, to consider the expansion of landfill activities on the remainder of ADL 44355, as allowed by KIBC 17.105.020.E, subject to the approval of a rezone to I- Industrial which is pending review in related case 13 -012. The applicant is the Kodiak Island Borough and the agent is Mike Patterson. The location is 1203 Monashka Bay Road (AKA - Tax Lot 2001, Township 27 South, Range 19 West), and the zoning is C- Conservation and PL- Public Use Land. Lydick stated this request for a conditional use permit is the final step in bringing the existing municipal solid waste facility into compliance with the zoning ordinance. The petitioner is requesting formal recognition of the appropriateness of the existing use, in this locale. The conditional use permit process affords the commission, in consultation with the public, the opportunity to reasonably impose more stringent controls upon the conduct of the permitted activity than might otherwise be available through ordinary administrative tools. And, the conditional use permit process affords the commission the opportunity to direct other land use controls, i.e., potential subdivision and zoning options that may achieve or encompass relevant neighborhood or community concerns. Thirty four (34) public hearing notices were mailed on November 19, 2012 and four (4) responses have been returned commenting on the request. Staff is recommending approval for a conditional use permit. COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit, per KIBC 17.200, according to KIBC 17.200, to allow for the expansion of landfill activities on the remainder of ADL 44355, as allowed by KIBC 17.105.020.E, subject to the approval of a rezone to I- Industrial, and to approve the findings of fact in that staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -016. The public hearing was opened. Public testimony was given by: Doug Pengilly stated he is not against expansion of the dump and cannot figure out what is being proposed. He's tried to read it,. It says existing landfill, existing landfill and then there's a picture. so he claims ignorance. This is an opportunity to deal with a lot of land issues and the landfill that have been brewing for a long time. He's not sure what this conditional use is for and he doesn't think the problem is solved from the last Tia Leber stated she's not opposed to the expansion of the landfill but she's opposed to the rezoning of the greenbelt buffer. The CUP of the landfill conditional use of Industrial use is messy and doesn't seem to fit especially if you think about the closure of its lifetime. What kind of permitted uses are allowed on Industrial zoned land? She proposed that we parcel out what the borough needs for the landfill, 12/19/2012 P &Z Minutes Page 7 of 11 transfer station, including the composting / sewage sludge facility, waste water treatment plant, settling ponds, and etc. to create a Sanitary Landfill zone. In the Landfill zone description when the landfill has reached its life expectancy enclosed it will be capped and re- vegetated and reverted back to Natural Use and Wildlife Habitat. Tom Lance stated here's a great opportunity for the borough to fix a problem that's not just here but in other communities on the island too. They have issues with non - conforming landfills in the villages, why not create a landfill zone. To address the issues of after the landfill closes and preserving the integrity of the area for all the ecological services that it provides as well as home values and things like that. Why is that Industrial when it's mostly wetland and he doesn't know what kind of Industrial use it could provide? Maybe we could carve out this chunk to work on and approve what you need to tonight but with the agreement in the future a new parcel will be created and set aside as a Natural Use area which will become an enhanced greenbelt. Marilyn Guilmet stated she thought this CUP by Mike was for metal reclamation and composting and it only goes if the rezone goes. Is this specifically metal reclamation and composting? CHAIR TORRES stated no, it's for a sanitary landfill because in the Industrial District and sanitary landfill is not allowed as a strict use in the Industrial District; it's listed as a conditional use in the Industrial District. Appropriate uses in the Industrial District is also includes metal reclamation. In response to COMMISSIONER SCHMITT'S inquiry regarding 2 questions: 1. Is he'd like to confirm information he received from another source and that is basically part of the current expansion of the landfill where the hole was dug that comes up to the lot line on the front of the property on Monashka Bay Road, is that correct, Mike Patterson stated it comes up approximately 50 feet. COMMISSIONER SCHMITT asked where the fence is relative to the property line, Patterson Said it's almost on top of the property line. COMMISSIONER SCHMITT asked how close the excavation is to the fence, Patterson replied it ranges between (inaudible). COMMISSIONER SCHMITT'S second question is if you could talk about what the plans are, Patterson has applied for the plans are for the lateral expansion to move into the area that's already been identified down along the Monashka Bay Road down to the Sawmill property and over to the treatment facility including the closure of the existing landfill. Currently as testimony has been given the proposed treatment facility is within the greenbelt ordinance area, and is also on Conservation and Public Use Land which is outside the proper use for the borough, so the plan is we have an Industrial zoned area that is comparable and legal for the proposed activities on that side. The public hearing was closed. Discussion COMMISSIONER SCHMITT MOVED to amend the motion to add a condition of approval - as soon as it is practical to do so, the borough will plant trees and any other appropriate vegetation to screen the landfill from Monashka Bay Road. CONDITION OF APPROVAL 1. As soon as it is practical to do so, the borough will plan trees and any other appropriate vegetation to screen the landfill from Monashka Bay Road. FINDINGS OF FACT A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The current use of the property established at or around 1969 as an unlined dump in an area of approximately 202 acres. The conditional use will preserve the value, spirit, character, and integrity of the surrounding area by maintaining established buffers and greenbelts for abutting residential properties. 12/19/2012 P &Z Minutes Page 8 of 11 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The property was rezoned to the I - Industrial Zoning District via Case No. 13 -012. The Industrial Zoning District contains performance standards which guide the conduct of operations on the site. C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The public health, safety, convenience, and comfort will be protected and enhanced by the development of a highly regulated Class I municipal solid waste disposal facility. Regulatory oversight will be conducted by agencies of the United States Environmental Protection Agency, the Alaska Department of Environmental Conservation, and the Kodiak Island Borough. D. That 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. Sufficient setbacks, lot area, buffers, or other safeguards are provided by the size of the tract, the zoning district requirements, existing administrative protocols, and natural topography. E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. Available land options define this site as the most economical and viable solution for the processing of community generated waste streams. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY OLD BUSINESS There was none. NEW BUSINESS There was none. COMMUNICATIONS A) November P &Z Public Hearing Results Letters CHAIR TORRES stated these are the November public hearing results letters of the Planning & Zoning Commission. COMMISSIONER SCHMITT MOVE to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • January 9, 2013 work session at 6:30pm in the KIB Conference Room • January 16, 2013 regular meeting at 6:30pm in the Assembly Chambers B) Minutes of Other Meetings • September 11, 2012 Parks & Recreation Committee minutes • September 25, 2012 Parks & Recreation Committee minutes C) Abbreviated & Final Approvals - Subdivisions CHAIR TORRES stated this is our meeting schedule, minutes of the P &R Committee, and final approval of abbreviated and subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. 12/19/2012 P &Z Minutes Page 9 of 11 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Judy Kidder stated she can understand their concerns and she appreciates you taking into consideration the comments. She agrees separating it into a separate zone would allay their concerns and protect it down the road when someone else is there it will be written in stone, which will help keep it separate from the landfill. Marilyn Guilmet said knowing that there's at least 2 of you working on the code rewrite. Judy Kidder also said the Lion's Club has the initiative to plant trees so perhaps you could invite the Lions Club to help plant those trees out there. COMMISSIONER'S COMMENTS Alan Schmitt said there are four of us here tonight and Schmitt is the only one with a city position so he's more aware of what is going on. Under State Statutes because the City of Kodiak is the first class city, and under State Statute there's a certain number of seats on the borough's P &Z commission that are delegated through the City of Kodiak, and there are 3 seats on the 7 member P &Z Commission. Schmitt went through the process twice and you have to live in the city to have a city seat. Obviously, if the city has a strong position on something, it's not something ethically he would feel that he could easily say he doesn't agree with it. He may not personally for whatever reason but he would have to have some really strong reasons if he was going to say no to some specific direction from the City Council. I'm a representative of the city on the commission. The second issue, usually when we get the maps it will show the zoning legend and this one for the landfill didn't clearly break out what was the Natural Use and Public Use, it's all kind of one color. The third comment was what can we do to do some kind of Comp Plan for the landfill so it doesn't fall between the cracks. Lydick stated that map is mapped correctly. What staff need is getting the technology to portray this information. If you look in the legend, he would agree with COMMISSIONER SCHMITT that the larger parcel looks like a different color but if you look in the legend that's the white color and if you look at the bottom legend that Conservation designation. What you are seeing is a technological fault of the printer. Sonny Vinberg said he knows what it takes to get the GIS maps together and getting the right color or maybe the GIS department needs to look different color scenarios to help that process. He concurs with Alan Schmitt. Rick Vahl said he's somewhat discouraged because in whether we had no one here for public testimony he thinks having a full commission allows us to do some of the analyzing and working with staff to move things along so our community is healthy. He hopes to fill our vacant seats. One of the cases tonight really gave us a chance to do some good planning, and help Mr. Zimmer have a successful subdivision. Alan Torres said in the Comp Plan showing that other than the greenbelt that both the landfill site and part of the VFW site (leased from borough). The Comp Plan, when it was passed and all the discussions it was a live document is what they said at the time and he doesn't think we need to look at re- writing the Comp Plan, he thinks when we find issues we can make recommendations to change them. Torres was also happy that they determined that he could participate in the discussion with the landfill. Martin Lydick stated he'd like to revisit the Comp Plan and distinguish that between the zoning ordinance, the Comp Plan, and the maps that people were looking at and taking issue with clearly state on it proposed future land use, and that's the key. When we talk about rezoning lands it has to have a reasonable basis in the Comp Plan but when you're enjusting zoning district boundaries it's not mandatory and rarely is a case where it is lock step with the Comp Plan. The Comp Plan is an idealized situation where is everything went perfectly that's what one person's vision, committee's vision, or the 12/19/2012 P &Z Minutes Page 10 of 11 assembly's vision of what something should look like thirty years down the road. He doesn't think it realistic to expect that to always dictate our actions day by day, year by year because people change, economic situations change, communities change and that's why we ask you to sit here and make decisions after you look at the whole thing and take into consideration. Mr. Schmitt took me by surprise when you offered that amendment in the rezone case because he was expecting it to come in on the CUP case because that's where there's more authority. In that rezone case you are only advisory to the assembly. In the CUP that's where we have the opportunity to put something down as a condition of approval. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 9:16 p.m. KODIAK ISLAND BOROUGH PLANNING & ZO COMMIS Alan Torres, Chair ATTEST By: a_ Sheila Smith, Secretary APPROVED: January 16, 2013 12/19/2012 P &Z Minutes Page 11 of 11