City and Borough of Sitka PLANNING & ZONING COMMISSION Minutes of Meeting September 2, 2008

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1 City and Borough of Sitka PLANNING & ZONING COMMISSION Minutes of Meeting Present: Don Alexander, Larry Crews, Brian McNitt, Richard Parmelee, Jeremy Twaddle, Planning Director Wells Williams, Planner Sara Russell, Planner Melissa Henshaw, and Secretary Ptarmica McConnell. Members of the Public: Mark Rowley, David Dobler, Scott Brylinsky, Dan Jones, Kirk Payne, Joe Dorienzo, John Delong, Jerry Jacobs, Jim Dinley, Jack Ozment, John Klutz, Matt Hunter, Mark Gorman, Rebecca Poulson, and Shannon Haugland. The Chair called the meeting to order at 7:00PM. Consideration of the Minutes from the August 19, 2008 meeting: M/S McNitt/Twaddle moved to approve the minutes from the August 19, 2008 meeting. Motion PASSED unanimously on a voice vote. The evening s business: CONCEPT PLAT SHELDON JACKSON COLLEGE CAMPUS SUBDIVISION PLAN 801 LINCOLN PACIFIC TOWERS PROPERTIES, INC. Public hearing and consideration of a concept plat for a major subdivision of the Sheldon Jackson College Campus at 801 Lincoln Street. This request is filed by Pacific Towers Properties, Inc. on behalf of Sheldon Jackson College. The property is also known as Sheldon Jackson College Subdivision of USS 407-B. Mr. Williams reviewed the request. At the last meeting, Mark Rowley of Pacific Towers Properties (PTP) Inc. spoke to the Board about the overall campus subdivision plan for the Sheldon Jackson College Campus. After some discussion, the board and PTP agreed it would be best for the seven lot subdivision along Lincoln Street to be incorporated into the overall campus subdivision rather than handling it as a separate request. In all, 18 lots will be created from the campus. Hames PE Center, Stratton Library, and the childcare center will all be located on their own individual lots. The main core of the campus will remain as one lot. Some of the housing along Jeff Davis Street will be created into individual lots as well as Pears Cottage and Ocean Vista, along Lincoln Street. The splitting up of a college campus is unprecedented in Sitka s history. Staff s initial analysis suggests a number of special situations in the parcels that are being created that need to be evaluated individually. Page 1 of 7

2 Mr. Williams asked the Board for direction as to whether they thought it would be best to look at the individual lots from a parcel standpoint to make sure dimensions meet code, or whether it would be best to look at the current and future uses and characteristics as well as zoning issues. The Board agreed that this would need to be looked at with regards to use and zoning issues first because it is not raw land; it does have existing uses that need to be considered. Mr. Twaddle noted that access and utility easements also need to be worked out. Mr. Rowley explained that he plans on having cross-maintenance agreements drawn up when the time comes. Mark Rowley, the applicant, came forward and explained that the only difference with this plat from the last meeting is that there is now a line separating the Hames PE Center and the Incinerator site. Mr. McNitt asked for clarification as to the role of the SJC Board, to which Mr. Rowley responded that the SJC Board owns the real estate and he works for them. Mr. Williams asked for clarification regarding the Indian River Valley because Chilkat Services had originally proposed adding an alternative access to the Indian River Valley so that they could further develop and subdivide the land. Mr. Rowley responded that the plan for the Indian River Valley is to sell it. They are not in a position to develop it; that would be up to the purchaser. Mr. Williams reviewed the Concept Plat by going through the plat on the overhead and pointing out some of the issues surrounding the properties. Childcare Center-Currently there is an issue with an outstanding unsecured note for the childcare center. This could pose a problem because the note holder could have rights to the property under it if it was subdivided. Mr. Rowley explained that Alaska Growth Capital has agreed to work with USDA to pay off the loan and that without making a lot, there is no solution to this problem. Hames PE Center-On the plat, the property line is going right through the gravel parking lot. Mr. Rowley s understanding after speaking with O Neil is that there is enough parking for each of the lots (Hames and childcare center) to meet minimum parking requirements. After some discussion it was decided that the most reasonable approach would be to move the property line down a bit to increase the parking. Mr. Parmelee recommended using Lot 12 for more parking. A second issue with the Hames PE Center is that the Appraisal assumed a 3-acre lot size, and as platted now it is a 2-acre lot. Mr. Rowley said that the appraisal would be adjusted accordingly. Lot 11 (Corner of SMC and Jeff Davis)-This is currently zoned R-2 MHP. It is completely wooded and doesn t give to commercial uses. Lot 10 (Incinerator Site) This lot is now in the multi-family district. If it were rezoned residential, there would be high clean-up costs. The best use now would be industrial or manufacturing. One thought would be to incorporate Lot 10, 11, and the Hames PE Center lot and change the zoning to Commercial. Mr. Dobler said that the boiler on the lot only services the Hames PE Center now. It is the only source of heat for the Hames PE Center at this time. Fish Stream-Work needs to be done on how to protect the fish stream with easements and it would be appropriate to get feedback from Fish & Game. SJ Museum Parking-the parking for the museum is right up against the Rasmussen Building. Maybe a joint-use agreement or expansion of the museum property could be a solution. Page 2 of 7

3 Mr. Twaddle asked about the National Park Service s interest in Lot 18 (the wooded lot) adjacent to the park, to which Mr. Rowley responded that they are in the preliminary stages of discussion. Mr. Twaddle mentioned that there would be access issues if someone else were to buy that property. Mr. Williams also pointed out access issues with regards to the cottages. Mr. McNitt expressed appreciation at having the plan as a whole. He also mentioned that there were issues with Lot 11 with regards to burial sites on the property. Student housing was brought up, to which Mr. Rowley responded that the SJC campus would still have over 200 beds for student housing. VARIANCE REQUEST SAWMILL COVE INDUSTRIAL PARK REDUCTION OF THE FRONT SETBACK TO 2 INCHES FOR THE CONSTRUCTION OF AN ADDITION 4651 SAWMILL CREEK ROAD CITY AND BOROUGH OF SITKA Public hearing and consideration of a variance request filed by the City and Borough of Sitka for 4651 Sawmill Creek Road. The request is for a reduction of the front setback to 2 inches for construction of an addition. The property is also known as Lot 3 of the Sawmill Cove Industrial Park Subdivision #1. The City and Borough of Sitka is requesting this variance for construction of an addition at the Sawmill Cove Industrial Park between the scale house and the concrete recycling center building. The single-story addition is needed to provide an office for workers and also house a shower in the event workers are exposed to toxic chemicals. The request is to reduce the front setback from 20 feet to 2 inches, which will be the closest point at two corners. Scott Brylinsky, Public Works Operation Chief, has indicated the majority of the building will be two to five feet from the front property line. The addition will be 26 feet long and 14 feet high with widths varying from 7 feet to 12 feet. The existing structures originally used for the Alaska Pulp Corporation operations were built close to the right of way so there is not much room for expansion. The scale shack at the site actually straddles the front property line. Mr. Brylinsky came forward and explained the request to the Board and showed them the plan on the overhead. There were no public comments. M/S McNitt/Twaddle moved to approve the variance request to reduce the front setback to 2 inches for the construction of an addition at 4651 Sawmill Creek Road. Page 3 of 7

4 M/S McNitt/Twaddle moved to approve the following findings in support of the approved variance request: 1. There are special circumstances to the intended use that do not apply generally to the other properties; 2. The variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties but are denied to this parcel; 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property nearby parcels or public infrastructure; 4. The granting of such a variance will not adversely affect the Comprehensive Plan. CONDITIONAL USE PERMIT NATURAL RESOURCE EXTRACTION (ROCK QUARRY) AND MINING SUPPORT FACILITIES GRANITE CREEK INDUSTRIAL SITE GRANITE CREEK ROAD CITY AND BOROUGH OF SITKA Public hearing and consideration of a conditional use permit request for the natural resource extraction (rock quarry) and mining support facilities. The location area is in the Granite Creek Industrial Site at the end of Granite Creek Road. The request is filed by the City and Borough of Sitka. The property is also known as a Portion of Lot 1 of USS Earlier this summer the Board approved a subdivision plat for three lots in the Granite Creek Industrial Area. The purpose of the subdivision was to provide additional lease lots on City and Borough land for the development of rock quarries. Dan Jones, Municipal Engineer, has submitted supporting documentation with the conditional use application to explain the project and also give an idea of what a sample lease document looks like. An important point to note is that the three lease lots are located further back in the Granite Creek Industrial Area than the already existing rock quarry operation. This location should have less of an impact on the public than the existing operations. Mr. Williams explained that all the normal conditions that are placed on Conditional Use Permits are already in the lease agreement. Staff recommends approval with the condition that the standard municipal lease agreement is followed. M/S Twaddle/Crews moved to recommend approval of the Conditional Use Permit for Natural Resource Extraction and Mining Support Facilities at the Granite Creek Industrial Site with the condition that the standard municipal lease agreement is followed. M/S McNitt/Crews moved to approve the following findings in support of the recommended approval of the Conditional Use Permit: 1. It will not be detrimental to the public health, safety, and general welfare; Page 4 of 7

5 2. It will not adversely affect the established character of the surrounding vicinity; 3. It will not be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located. DISCUSSION ZONING AND TEXT CHANGE REQUEST DELTA WESTERN Discussion of potential alternatives to the Delta Western zoning text change requests. Mr. Williams summarized what has led up to the discussion. The Assembly held a special meeting to discuss the Delta Western proposals in July. There were significant concerns about including Bulk Fuel Storage and Commercial Docks as conditional uses in the Public Zone. The perception was that 1) there were a large number of text changes and conditional use permits that were required to make the Delta Western proposal work, and more importantly 2) it would open the dock to tank farms in the large number of areas that are zoned public. The Assembly kicked the issue back to the Planning Commission for a detailed review of potential proposals. The concern that permeated the Assembly discussions was that the current and potential alternatives may have unintended consequences that should be carefully explored. It appears that there is only one zoning map change option that makes sense. It would be a twopart change that involves 1) bringing the Waterfront zone that includes Alice Island over to encompass Sealing Cove and the Japonski Island Boathouse, and 2) rezoning Charcoal Island to the P Public zone since it is part of the airport property now. The map changes would have a companion text change to make Bulk Fuel storage a conditional use in the Waterfront zone. The potential unintended consequence is what to do with the Delong/Schmauss Island (currently zoned GI) that is attached to the area that would be rezoned Waterfront. Logic dictates that they will argue for their island, since it is so close, to be included in the expansion of the Waterfront zone. Mr. McNitt asked Mr. Williams to read the text that defines the Waterfront district. According to WD waterfront district: Intent. The waterfront district is intended to be applied to lands with direct access or close proximity to navigable tidal waters within the urban area of the city and borough. Uses are intended whenever possible to be water-dependent or water-related with particular emphasis on commerce, tourism, commercial or industrial enterprises which derive major economic or social benefit from a waterfront location. Mr. Alexander asked what the proposed change would do in regards to the island property (Delong/Schmauss Island). Mr. Williams explained that the district is now zoned GI-general island district, but that they may want to be included in the proposed zone change. The Commission was split in deciding whether or not the island should be included. Page 5 of 7

6 Mr. Twaddle wanted to see more detail on the boundaries, but thought the idea made sense. Mr. McNitt thought that if the Commission initiated the change at this time, a more detailed map could be provided at the next meeting. He proposed to initiate the changes with the Island included because it is easier to drop something from the proposal rather than adding something later. Public Comment: Joe Dorienzo, Maritime Heritage Society Board member stated that he encourages the Board to support the request for rezoning. He thought that by changing the zoning to waterfront district, it would end the concerns some people have had regarding spot zoning. Kirk Payne of Delta Western spoke in support of the zoning changes. John Delong of Sitka Sound Ocean Adventures and owner of No Name Island (Delong/Schmauss Island) came forward. He stated that he would like to see the island included in the waterfront district re-zoning plan. He also expressed concern that if the Delta Western plan passes, there will be motorized vehicles on both sides of the channel and could cause a hazard to nonmotorized traffic like kayakers. He would like the Planning Commission to keep that in mind. M/S McNitt/Crews moved to initiate the changes that include a map change to expand the WD Waterfront District to include part of the ASLS including the Maritime Museum, Sealing Cove, and the Delong/Schmauss Island and a rezoning of Charcoal Island to P Public. M/S McNitt/Twaddle moved to initiate the zoning ordinance text change to make bulk fuel storage a conditional use in the WD Waterfront District. Motion PASSED 4-1 with Parmelee opposed. M/S McNitt/Crews moved to direct staff to prepare the necessary paperwork and applications for the proposed changes. PUBLIC BUSINESS FROM THE FLOOR None PLANNING DIRECTOR S REPORT Mr. Williams had three items to report: 1. The Assembly approved the Auction for the Indian River Valley Land, which will take place on October 14 th. Sales brochures are available at the City Offices. 2. Tomorrow at 8am, Melissa will have her first full day in the Planning Office. 3. Mr. Williams showed the Board the equipment being used in conjunction with the GIS. It allows staff to go out and locate man-holes, fire hydrants, electric poles, and catch basins, then download the information into the GIS system. Page 6 of 7

7 ADJOURNMENT The meeting adjourned at 8:55PM. Don Alexander, Chair Ptarmica McConnell, Secretary Page 7 of 7