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2014-01-15 Regular Meeting RECEIVED Kodiak Island Borough PI nnkng & Zoning Commission MAR 5 2014 Minutes BOROUGH CLERKS OFFIC �;1. January 15, 2013 6:30 p.rr •. • e .'Sau. ' :_:a.- CALL TO ORDER CHAIR TORRES called to order the January 15, 2014 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 Requested to be excused were Maria Painter due to family emergency. Commissioners present were Alan Torres, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Scott Arndt, and Patricia Olsen. A quorum was established. Community Development Department staff present were Director Bob Pederson, Jack Maker, and Sheila Smith. COMMISSIONER SCHMITT MOVED to excuse Maria Painter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT stated he would like to add Elections for Chair and Vice Chair as New Business B. • . COMMISSIONER SCHMITT MOVED to approve the January 15, 2014 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the November 20, 2013 and the December 18, 2013 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None PUBLIC HEARINGS A) Case14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the land use designations for the following parcels: 1. A portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership; and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to 1/15/2014 P&Z Minutes Page 1 of 7 Rural Residential. The applicant is the Kodiak Island Borough. The locations are 1) 961 Mallard Way; 2) 3341 and 3391 Antone Way; and 3) 4352 Monashka Bay Road. The zoning is PL-Public Use Lands and RR1-Rural Residential One. Director Pederson reported the amendments are for the Comp Plan and for the three motions. There haven't been any amendments to the Comp Plan since adoption in 2008. COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as "Findings of Fact" for Case No. 14- 012. Close regular meeting & open public hearing: No public testimony. Close public hearing & open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO. 1 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as "Findings of Fact" for Case No. 14-012. Close regular meeting & open public hearing: No public testimony. Close public hearing & open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO. 2 (KIBC 17.205.020) 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. 2. For land to be incorporated into the North Star School Tract, a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 1/15/2014 P&Z Minutes Page 2 of 7 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as "Findings of Fact" for Case No. 14-012. Close regular meeting & open public hearing: Birch Foster sought clarification on what exactly this request was and he thanked the commission. Director Pederson stated Mark Majdic requested to purchase a small piece of land from the borough because Majdic's lot was platted to what later became the right of way for the highway. This will make his lot useable for a home site. The assembly approved the land disposal. Tonight is the action to amend the Comp Plan, and then there will be a rezone coming. There will also be a replat that joins the small piece of borough land into his parcel. Close public hearing & open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO. 3 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 14-010. Request a rezone of a ± 2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (KIBC 17.205). The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Officer. The location is 961 Mallard Way. The zoning is PL-Public Lands and RR1-Rural Residential One. 1/15/2014 P&Z Minutes Page 3 of 7 Director Pederson reported this rezone follows the Comp Plan Amendments, and this is the 2410 sq. foot portion of the school tract that would be conveyed to Mr. Van Daele. COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a ± 2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from FL-Public Use Lands to RR1-Rural Residential One and to adopt the findings of fact as presented in the staff report as "Findings of Fact" for Case No. 14-010. Close regular meeting & open public hearing: No public testimony. Close public hearing & open regular meeting: Brief discussion COMMISSIONER ARNDT MOVED to amend the Findings of Fact to include #8. The effective date is simultaneous with the recording of the final plat. FINDINGS OF FACT 1. This rezone follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, PL zoning would not be appropriate. 3. A rezone to RR1 is consistent with the zoning of the surrounding residential areas. 4. This rezone should have no adverse effect on development trends or traffic in the surrounding area. 5. This rezone will prevent split lot zoning and allow the parcel to be utilized for its intended disposal purpose. 6. A rezone of a portion of Lot 1A, Block 6, Miller Point Subdivision to RR1-Rural Residential is consistent with the adopted comprehensive plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. 8. The effective date is simultaneous with the recording of the final plat. ROLL CALL VOTE ON AMENDMENT CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS A. Introduction of Planning & Zoning Bylaws Review COMMISSIONER SCHMITT MOVED to accept at this meeting the proposed revisions to our bylaws. VOICE VOTE CARRIED UNANIMOUSLY Brief discussion COMMISSIONER RICHCREEK MOVED TO AMEND the proposed bylaws by making the regular meetings and the work sessions language consistent —Audience Comments vs. Citizen's Comments to read Citizen's Comments. ROLL CALL VOTE CARRIED UNANIMOUSLY CHAIR TORRES stated this will be on next month's agenda in the final printing for approval. 1/15/2014 P&Z Minutes Page 4 of 7 B. Elections of Chair & Vice Chair CHAIR TORRES opened nominations for Chair. COMMISSIONER SCHMITT nominated Alan Torres. COMMISSIONER ARNDT MOVED to close nominations. ROLL CALL VOTE ON ALAN TORRES AS CHAIR CARRIED 5-1. The no was Alan Torres. The 2014 Chair is Alan Torres. CHAIR TORRES opened nominations for Vice Chair. COMMISSIONER ARNDT nominated Alan Schmitt for Vice Chair. COMMISSIONER DRABEK MOVED to close nominations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY The 2014 Vice Chair is Alan Schmitt. COMMUNICATIONS A) 14-002 Rezone Ordinance FY2014-09, Action Letter, & As-built Survey Requirement Letter B) Letter of Courtesy & Advisory dated November 19, 2013 C) Letter of Courtesy & Advisory dated November 21, 2013 D) Letter of Courtesy & Advisory dated November 26, 2013 E) Request for Fire Code Inspection of Log Piles dated December 4, 2013 F) Letter of Courtesy & Advisory dated December 10, 2013 G) Notice of Violation dated December 11, 2013 H) Notice of Violation dated December 10, 2013 I) Notice of Violation dated December 13, 2013 J) Notice of Violation dated December 30, 2013 Director Pederson stated he hadn't prepared a report. CHAIR TORRES stated we went through them at the work session In response to COMMISSIONER DRABEK'S inquiry re: Communication I to Mr. Mickelson, is there an update. Director Pederson stated no. COMMISSIONER ARNDT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: The P&Z will be reviewing the draft revisions to Titles 16 (Subdivisions), Title 17 (Zoning), and Title 18 (Borough Real Property in a series of special meeting and regular meetings on the following dates. • January 15, 2014 Planning & Zoning Code Revision Title 17 Special Work Session immediately following tonight's regular meeting • January 22, 2014 Planning & Zoning Code Revision Title 18 Special Work Session at 6:30 p.m. in the KIB downstairs conference room • January 29, 2014 Planning & Zoning Code Revision Title 17 Special Work Session at 6:30 p.m. in the KIB downstairs conference room • February 12, 2014 Planning & Zoning Packet Review at 6:30 p.m. in the KIB Downstairs Conference Room 1/15/2014 P&Z Minutes Page 5 of 7 • February 19, 2014 Planning & Zoning Regular Meeting at 6:30 p.m. in the Assembly Chambers This schedule may be adjusted as necessary to make efficient use of the Commission's time. For example, P&Z may discuss Title 16 on December 4th if they have finished reviewing the current draft of Title 17. Accordingly, any Title may be discussed at any of the meetings. Please check our website for updates. During discussion the commission scheduled Code Revision Special Work Sessions on February 10, 2014 and February 24, 2014. Scott Arndt will be out of town for the January 22, 2014 Code Revision Work Session. Pat Olsen will also be out of town for the January 22, 2014 Code Revision Work Session. Alan Torres will be gone for the February 24th Code Revision Work Session. Director Pederson stated he's meeting with the Board of Realtors on Friday to talk about the concept re: options for dealing with the downtown parking and Business District; he's meeting with the Downtown Revitalization Committee Sub-Group next week on the same subject; he's met with the city and they will be doing most likely a PowerPoint presentation at the City Council's February work session on the same subject. B) Abbreviated & Final Approvals - Subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMISSIONER'S COMMENTS Alan Schmitt stated he mentioned last week's work session that he'd received a call at home but did not speak to the person; his wife took a message about a matter that might come before the commission. He gave the gentleman a call back after the work session to tell him he couldn't talk about it if it's to come before P&Z. Then yesterday Schmitt received an email from Carlie Malley, Property Manager with Brechan Enterprises and its affiliates that include Alagnak Inc. He read the email into the record and Malley talked about their uphill battle with some requests spanning over a year which were denied, and she is planning on re-submitting the request and was hoping to talk to Schmitt first. She provided the report for reference that came from the P&Z Office after the denial last year and wanted an opportunity to lay out the entire case to Schmitt and respond to any misunderstandings or criticisms before it goes before the commission again. She believes their case was misunderstood and the decision to deny the rezone may have been based on inaccurate perceptions rather than fact. Schmitt stated it's property on Cove Drive. Alagnak has a warehouse that has a flagstem lot and then there's a lot that's adjacent to their warehouse with a loading dock that is accessed and used from the residential lot. Schmitt spoke with Director Pederson about it this morning and technically it may not be quasi-judicial, it's small scale rezoning. In this particular case there may be some others things; replatting and other issues that make it far from easy to buttonhole into a legislative versus quasi-judicial. Schmitt's response to her this morning was "Thank you for your email and your offer to meet but he must decline her offer. Many of the cases that come before the commission require a quasi- judicial hearing which means that we commissioners are prohibited from ex-parte contacts. Essentially everything that comes to the commission must be on the public record. Additionally, given the quasi-judicial nature of the proceedings the commission must avoid the appearance of impropriety. Having said this, before you come back to the commission he encouraged her to meet with area property owners to discuss their concerns and possibly try to come up with some 1/15/2014 P&Z Minutes Page 6 of 7 unique or creative solutions. He is sending a copy of this to the chairman of the commission and will mention it tonight in the Commissioner's Comments section of our regular meeting." Her reply was "Thanks, she does understand and they have met with property owners and will be re- submitting this for a commission vote." He brought it up so we're all on the same page if these kinds of requests come to us and Schmitt thinks it best if everybody hears everything. He spoke with Director Pederson about in Anchorage with some of the big box stores they require people to do things with the roads as part of getting approval so the he thinks the property owners in the area were concerned about the increased traffic and may be they can come up with some kind of creative approach if they talk amongst themselves. There is Comp Plan issues to consider. CHAIR TORRES thanked everyone for putting him back as chair. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 7:13 p.m. KODIAK ISLAND BOROUGH PLANNING & ZO. - -GOMMISSION Alan Torres, Chair ATTEST�� BY: \ `J1104O ' Sheila Smith, Secretary Community Development Department APPROVED: February 19, 2014 1/15/2014 P&Z Minutes Page 7 of 7