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2013-01-16 Regular Meeting RECEIVED Kodiak Island Borough Planning & Zoning Commission APR - 1 2013 Minutes January 16,2013 6:30 p.m.in th s e.3f151pcg! rfbe?S`'s OFFICE CALL TO ORDER CHAIR TORRES called to order the January 16, 2013 regular meeting of the Planning and Zoning Commission at 6:31 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl, Sonny Vinberg, and Kathy Drabek. Absent was Brent Watkins. A quorum was established. Community Development Department staff present was Martin Lydick and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the January 16, 2013 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the December 19, 2012 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Wing Poon Eng had no opinion on Case 13-017 other than he wanted to make sure the property owner met the setback guidelines because he owns Lot 26C. PUBLIC HEARINGS A) Case 13-018. Request a Rezone investigation, according to KIBC 17.205, of proposed Lots 5B and 5C, Block 1, Chiniak Alaska Subdivision and a portion of Tract El, Chiniak Alaska Subdivision, from PL-Public Use Land to RR2-Rural Residential Two zoning. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is Lots 5B and 5 C, Block 1, Chiniak AK Subdivision, and the zoning is PL-Public Use Lands Lydick reported that due to unusual administrative demands, the applicant has requested postponement until the February 20, 2013 regular meeting. COMMISSIONER SCHMITT MOVED to postpone consideration of Case 13-018 until the February 20, 2013 regular meeting of the Planning& Zoning Commission. The public hearing was opened &closed:There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 13-019. Request a Land Disposal review, according to 18.20.030.A, of proposed Lots 5B and 5C, Block 1, Chiniak Alaska Subdivision and a portion of Tract El. The applicant is the 1/16/2011 P&Z Minutes Pagel of 4 Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer Lydick reported that due to unusual administrative demands, the applicant has requested postponement until the February 20, 2013 regular meeting. COMMISSIONER VAHL MOVED to postpone consideration of Case 13-019 until the February 20, 2013 regular meeting of the Planning& Zoning Commission. The public hearing was opened &closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was no old business, NEW BUSINESS A) Case 13-017. Request a Screening Review, according to 17.90.050.C, to allow an office use and fishing gear storage on a lot zoned B-Business which is located adjacent to a residential use or district,where the petitioner is proposing to provide no screening. Lydick reported the applicant brought forward this request in order to fulfill the requirement as outlined in KIBC 17.090.050.C. Past practice of the commission have entirely waived the requirement for screening, have allowed minimal fencing, and have allowed chain link fence options with aluminum privacy panels. Each decision was based on peculiar circumstances of each request. Decisions allowing minimal or no fencing options were almost always predicated upon the ability of the applicant to provide or retain natural landscaping features; mostly notably Alder brush. Staff offers no recommendation regarding this application. COMMISSIONER SCHMITT MOVED to reject the applicant's screening plan for Lot 26B, U.S. Survey 3098, instead lot 26B shall remain screened from the adjoining residential lots either by natural vegetation (such as it currently exists) or by a sight obscuring fence at least eight feet high. COMMISSIONER SCHMITT stated of Bancroft being primarily a residential area. One lot owned by the applicant, Lot 26A, is residential and Lot 26B is the subject Business lot. It's important to protect the integrity of residential character of the neighborhood by screening Business uses away from residential uses. From the aerial photo it shows a lot of vegetation. It appears that a section of the residential lot that is distant from Mill Bay Road has had some clearing done already. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Elections-Chair&Vice-Chair CHAIR TORRES opened nominations for CHAIR. COMMISSIONER SCHMITT nominated Alan Torres. There were no further nominations. COMMISSIONER SCHMITT MOVED to close nominations for chair. VOICE VOTE ON CLOSING NOMINATION CARRIED 4-1. The ayes were COMMISSIONERS SCHMITT, VAHL, VINBERG, and DRABEK. The no was CHAIR TORRES. ROLL CALL VOTE ON ALAN TORRES AS CHAIR CARRIED UANIMOUSLY CHAIR TORRES opened nominations for Vice Chair. COMMISSIONER SCHMITT nominated Sonny Vinberg for vice chair. There were no further nominations. COMMISSIONER SCHMITT MOVED to close nominations for VICE CHAIR. VOICE VOTE ON CLOSING NOMINATION CARRIED UNANIMOUSLY 1/16/2011 P&Z Minutes Page 2 of 4 ROLL CALL VOTE ON SONNY VINBERG AS VICE CHAIR CARRIED. COMMISSIONER VINBERG abstained. COMMUNICATIONS A) December Planning& Zoning Results Letters B) Memo to the Planning&Zoning Commission re: Case 13-015 Appeal to Board of Adjustment C) Letter of Courtesy&Advisory re: Unpermitted Occupancy of Recreational Vehicles Lydick stated he just made a note to himself that the indication is that currently Wren has a permitted use of warehousing within an enclosed structure and some outdoor storage, and the note he made was to go back and re-read the Conditional Use Permit to see if, in fact, those were stated uses as currently occurring on the property when he made the application. He understands they are permitted uses in the district but he doesn't recall that application stated that he is currently conducting those uses on the property. He wanted to clarify for his own mind anyway. CHAIR TORRES said the appeal is tomorrow night and he plans to attend. Lydick let the commission know that he'll be on leave for the next month. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • February 13, 2013 work session at 6:30pm in the KIB Conference Room. • February 20, 2013 regular meeting at 6:30pm in the Assembly Chambers. • January 22, 2013 Parks & Recreation Committee Trail Summit at 7 p.m. in the Kodiak High School Commons-Gym Entrance Smith stated she put Trail maps and Trail Summit flyers out with the packet materials for the public. B) Minutes of Other Meetings • September 25, 2012 Parks & Recreation Committee • October 9, 2012 Parks & Recreation Committee • October 23, 2012 Parks& Recreation Committee • October 30, 2012 Parks & Recreation Committee • November 13, 2012 Parks & Recreation Committee C) Abbreviated and Final Approval - Subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Rick Vahl welcomed Kathy Drabek to the commission. Sorry he missed the work session. Sonny Vinberg welcomed Kathy Drabek also. Alan Schmitt welcomed Kathy Drabek and will be a good compliment to the commission. He commended CHAIR TORRES, last month we approved a rezone for the landfill but we accepted the greenbelt in the initial ordinance that went to the Assembly butdidn't have that exception in it . Mr. Torres caught that so it will go to the assembly. Schmitt attended the Parks & Rec meeting last week where they again worked on the Trail Management Objectives for the Russian Ridge Trails.At the Trail 1/16/2011 P&Z Minutes Page 3 of 4 Summit they'll summarize the work they've done so far on the Russian Ridge Trails, get input from the community, and then they'll talk about the Jack&Lee Lakes area next. Alan Torres also welcomed Drabek aboard. He said he won't be here for the February meetings and requests to be excused. He read in the paper the appeal is tomorrow night and also the rezone of the landfill lot. Martin Lydick stated this concerns an email notice that we received from Nova Javier, the Borough Clerk stating the pertinent point for this commission is last night during the Strategic Plan meeting the Assembly changed the language in the plan to say that they will only meet if needed. If needed means invitation or request by the Assembly, Planning & Zoning, or Parks & Recreation. The upshot of clarification is that there will no longer be regularly scheduled quarterly strategic planning meetings. If the commission feels the need to meet with the Assembly on a point or several points we are expected to put in a request to do so. Alan Torres asked if the one for January 31st is still scheduled. Lydick stated as far as he knows, it is. Smith stated she replied to her email stating we have 5 people confirmed from P&Z and Parks & Rec. Alan Schmitt said he thought they were quarterly updates to check in but this is part of their strategic planning process,just a little clarification please. Schmitt said he'll be out of town for this meeting. Lydick stated apparently that's what was unclear in an email from the Borough Clerk, and he had to ask exactly what was being said and what it meant, and that's the response he received. Alan Schmitt said at the work session last week he brought up the screening out at Bells Flats and then Smith sent the letter written to Mr. Zbitnoff about 2 years ago, so if that can be brought up to the Assembly about what can be done about enforcement on cases where the commission directs someone to do something and they just don't do it. Alan Torres said there was another case we talked about which was the Lorensen case so he'll talk to them about them. Lydick stated we will put the P&Z case in the Dropbox but there's also an assembly appeal decision that should go into the Dropbox too because it's the Assembly appeal is the one that set the timeline; 18 months to comply with the commission's directives. Alan Torres said if you could put both our results letter and the Assembly's results letter in the Dropbox because it was the Assembly modified it and actually put the time limit on that case. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. CHAIR TORRES adjourned the meeting at 7:13 p.m. KODIAK ISLAND BOROUGH PLANN &ZONING COMMISSION B : Alan Torres, Chair ATTEST /,------ z By: 51 Sheila Smith, Secretary APPROVED: March 20, 2013 1/16/2011 P&Z Minutes Page 4 of 4