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2014-07-16 Regular Meeting RECEIVED KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSIO SEP 2 2 2014 MINUTES BOROUGH CLERK s .._ ICE J y 16, 2014 6:30 •.m. in t - - - - : i-• : ..i.i,:. 4 CALL TO ORDER CHAIR TORRES called to order the July 16, 2014 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES will lead the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Maria Painter, Scott Arndt, and Pat Olsen. Community Development Department staff present were Director Pederson, Sheila Smith, Martin Lydick, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the July 16, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the May 21 , 2014 and the June 18, 2014 Planning & Zoning Commission minutes. COMMISSIONER PAINTER MOVED to amend the May 21 , 2014 minutes on page 6 of 8 on Findings of Facts 17.66.050 which are from the old code, it's changed to 17.195.050 so all the findings need to reflect 17.195.050. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY COMMISSIONER PAINTER MOVED to correct the code references on page 3 of 9 of the June 18, 2014 minutes to reflect the correct code section. Motion withdrawn. COMMISSIONER RICHCREEK MOVED that the minutes of the May 21 , 2014 and June 18, 2014 Planning and Zoning Commission shall be administratively amended to reflect the current code citations. Motion withdrawn. COMMISSIONER SCHMITT MOVED that we direct staff to correct the clerical errors in the minutes relative to the code citations. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None 7/16/2014 P&Z Minutes Page oi7 PUBLIC HEARINGS A) CaseS14-012. Request preliminary approval of the subdivision of the School Reserve, Portion of Block 16, Port Lions Subdivision, First Addition creating the Native Village of Port Lions Tract and School Reserve Tract A (KIBC 16.40). The applicant is the Kodiak Island Borough and Native Village of Port Lions and the agent is Sta. Denny Surveying, Inc. The location is 2008 Airport Road, Port Lions and the zoning is PL-Public Use Lands. Director Pederson reported this case is not ready to move forward and recommended the commission table this case. COMMISSIONER ARNDT MOVED that the public hearing for Case No S14-012 be laid on the table. There was no second. CHAIR TORRES stated this motion is out of order because you can't table a case without a motion on the floor. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the subdivision of the school reserve, portion of Block 16, Port Lions Subdivision 1st Addition creating the Native Village of Port Lions Tract and School Reserve Tract A. COMMISSIONER SCHMITT MOVED to table. ROLL CALL VOTE ON MOTION TO TABLE CARRIED UNANIMOUSLY B) Case 14-014. (Continued from June 18, 2014 P&Z Regular Meeting) Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205). The applicant is Alagnak Inc. The location is NHN Cove Drive and the zoning is R2-Two-family Residential. Lydick reported this request is for an amendment to the 2008 Comp Plan changing the designated land use of the Alagnak Acres Lot 1 from Urban Residential to Commercial/Business. The master plan is a comprehensive long range plan intended to guide the growth and development of a community that typically includes inventory and analytical sections leading to recommendations for the community's future economic development. Staff is unconvinced that the applicant has entered into the record any convincing evidence or a need, trend, or justification or has identified any positive impact resulting in the requested plan amendment that promotes the objectives of the Comp Plan. Staff recommended the commission deny forwarding this request to the Borough Assembly with a recommendation of approval. Public Hearing was held at the June 18, 2014 regular meeting. The motion as amended on the floor made by Scott Arndt at the June 18th Regular Meeting is: To recommend a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1 , Alagnak Acres Subdivision from Urban Residential to Commercial/Business. In response to COMMISSIONER SCHMITT'S inquiry of did the applicant review staff's recommendation and if he agrees it is currently zoned R2, Mark Anderson stated he 7/16/2014 P&Z Minutes Page 2 of 7 continues to believe it is zoned Business because of the ordinance, there hasn't been a repeal of the ordinance, and this problem needs to be fixed. Discussion ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-3. The ayes were COMMISSIONERS RICHCREEK, TORRES, PAINTER, and ARNDT. The noes were COMMISSIONER SCHMITT, DRABEK, and OLSEN. COMMISSIONER SCHMITT MOVED to postpone the Findings of Fact to the August meeting. ROLL CALL VOTE CARRIED UNANIMOULSY C) CaseS14-016. Request a vacation of a portion of a utility easement identified on Plat 2014-8 for Pillar Creek Hatchery Tract (KIBC 16.60). The applicant is the Kodiak Regional Aquaculture Association. The location is 9547 Monashka Bay Road and the zoning is C-Conservation. Maker reported this request for vacation is for a portion of a utility easement on the Pillar Creek Hatchery Tract. The overhead utilities to the main hatchery building pass through this easement and KRAA intends to relocate those installations to an underground installation that will serve only the buildings on the tract. Borough code does not require such utility installations to be located in an easement so the easement is not required for the current utilities or the new utility installation. Staff recommends approval with 1 condition of approval. COMMISSIONER ARNDT MOVED to approve the vacation of a portion of a utility easement identified on Plat 2014-8 for Pillar Creek Hatchery Tract (KIBC 16.60), subject to one (1) condition of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. S14-016. Close regular meeting & open public hearing: Lee Robbins, KRAA representative, was there to answer any questions, Close public hearing & open regular meeting: Discussion - Amendments may be offered at this time. CONDITIONS OF APPROVAL 1 . The property owner shall perfect the approved vacation by filing a plat depicting the vacation using the abbreviated plat procedures of Chapter 16.30 of the Borough Code. FINDINGS OF FACT 1 . KEA and ACS support the vacation. 2. The vacated portion of the utility easement is not required by Borough Code. 3. The condition of approval will ensure the vacation meets the requirements of approval under Chapter 16.60 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None 7/16/2014 P&Z Minutes Page 3 of 7 NEW BUSINESS A) Case 14-021. Request a fencing review for outdoor storage on an I-Industrial zoned lot. The applicant proposes no fencing (17.105.060.F). The applicant is Dayton Wandersee and the agent is Paul Johnson. The location is 8100 Rezanof Drive and the zoning is I-Industrial. Maker reported this request is for no fencing between outdoor storage on an Industrial zoned lot. The site is well above Rezanof Drive and blocked off by Rezanof Drive and the area behind the site is of such a height that the screening or fencing will not have any effect. Staff recommended approval. COMMISSIONER ARNDT MOVED to approve the applicant's "no screening required" option for the establishment of outdoor storage use on Lot 13, Seaview Subdivision. Discussion —Amendments may be offered at this time. COMMISSIONER SCHMITT MOVED TO AMEND the motion to read as presented with the addition of "and to adopt Findings of Fact presented in the staff report as Findings of Fact for this case." FINDINGS OF FACT The site is adequately screened by topographical features so that passing motorists will not unduly burdened by the proposed permitted use. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY B) Case 15-001. Request a Screening Review for no screening other than natural vegetation as adequate screening for outdoor storage on a B-Business zoned parcel (KIBC 17.90.050.C). The applicant is Brechan Enterprises, Inc. and the agent is Mark Anderson. The location is Green Mountain Gravel Pit, NHN West Rezanof Drive and the zoning is B-Business. Maker reported this is a screening review where the applicant proposes no screening other than natural vegetation between outdoor storage on a Business zoned lot and adjacent Conservation zoned lots. The proposed site will be cut into the hillside and will be level with Rezanof Drive when completed. The topography of the surrounding area renders conventional screening impractical. Staff recommended approval subject to 1 condition of approval. COMMISSIONER ARNDT MOVED to approve the use of natural vegetation as adequate screening for outdoor storage on a Portion of Parcel A, U.S. Survey 1673, Gibson Cove, subject to one (1) condition of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 15-001 . Discussion CONDITION OF APPROVAL 1 . A twenty-five (25) foot buffer of natural vegetation extending inward from the outer boundaries of the parcel that do not abut West Rezanof Drive shall be retained as screening. 7/1.6/2014 P&Z Minutes Page 4 of 7 FINDINGS OF FACT 1 . The topographical features of the site, combined with the use of natural vegetation, will provide adequate screening between outdoor storage and the adjacent parcels zoned C. 2. The condition of approval will ensure preservation of the natural vegetation used for screening. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) FY2015-2019 Capital Improvement Projects Director Pederson reported that the commission's recommendations are passed on to the borough assembly and they formulate a list that goes to the Governor and Legislature for their actions. COMMISSIONER ARNDT MOVED to adopt the Planning and Zoning's Capital Improvement Project Resolution FY2015-01 . COMMISSIONER DRABEK MOVED to amend #3 Anton Larsen Bay Road Extension to Ice-free Water- An extension of the Anton Larsen Bay Road to ice-free waters will provide year around access to those communities located in this Kupreanof Strait and Kizhuiak Bay areas as well as those who use the island's west side for commercial and recreational purposes. Many times during the year travel by vessel to Kodiak is treacherous. Extending the road to ice free waters makes traveling safer, providing access to critical service located int eh City of Kodiak including hospitals and businesses. This is envisioned to be a cooperative effort between KIB, AKDOT, Ouzinkie Native Corporation (surface estate owner), Koniag Inc (subsurface estate owners) and other tribal entities. This route was identified in the Kodiak Transportation Plan as an importance upland facility. Some or all of the aforementioned parties may participate in funding this, and to add #6 from last year's resolution on page 10 of page 15, having both on the list together. Director Pederson stated to list them as 3A or 3B. COMMISSIONER SCHMITT MOVED TO AMEND the motion to have paragraph 3A be Ms. Drabek's proposed language on the Anton Larsen Bay Road Extension to ice-free water and sub-paragraph B be item #6 from last year's Borough Assembly CIP List. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Brief discussion. COMMISSIONER ARNDT stated that the e911 is partially funded through our monthly phone bills where there is a charge for e911 . ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY COMMUNICATIONS A) June Planning and Zoning Commission Case Results Letters B) Notice of Violation dated June 9, 2014 Director Pederson stated he didn't have any presentation scheduled. COMMISSIONER RICHCREEK MOVED to accept communications as presented. VOICE VOTE ON MOTION 7/16/2014 P&Z Minutes Page 5 of 7 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. • August 13, 2014-Packet Review Work Session-6:30 p.m.-KIB Conference Room • August 20, 2014-Regular Meeting-6:30 p.m.-Assembly Chambers This schedule may be adjusted as necessary to make efficient use of the Commission's time. Accordingly, any Title may be discussed at any given meeting. Please check our website for updates. Director Pederson said we've incorporated the comments made into the public notice and we're ready to send that out on the code review. We are preparing a staff report that will all go on the website and have set up separate email address for folks to send comments on. COMMISSIONER ARNDT MOVED to advance Titles 16, 17, and 18 to public hearing in reference to memo dates. COMMISSIONER PAINTER MOVED TO AMEND the motion before it goes on the website the commission needs to review the final draft. Discussion of having enough time to review to ensure all proposed changes were made. ROLL CALL VOTE ON MOTION TO AMEND FAILED 6-1. The noes were Commissioners Torres, Schmitt, Drabek, Richcreek, Arndt, and Olsen. The aye was Commissioner Painter. COMMISSIONER ARNDT MOVED TO AMEND the motion to read October 1, 22, 29, and November 5 for public hearings. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 6-1. The ayes were Commissioners Torres, Schmitt, Drabek, Richcreek, Arndt, and Olsen. The no was Commissioner Painter. ROLL CALL VOTE ON MOTION AS AMEDED CARRIED UNANIMOUSLY B) Minutes of Other Meetings • March 25, 2014 Parks and Recreation Committee C) Abbreviated & Final Approvals - Subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Pederson stated staff will adjust the schedule accordingly. Pederson will be out of the office for the September meetings and Martin Lydick will be there in his place. 7/16/2014 P&Z Minutes Page 6 of 7 CITIZEN COMMENTS Mark Anderson stated he wanted to clarify with staff where he is left. The motion passed and construction season is ahead of us. He's been waiting 21 months and would like to move forward. CHAIR TORRES stated this was a request to change the Comp Plan and will not be forwarded to the assembly until after next month's meeting when the Findings of Fact are adopted. It will then go to the Assembly for approval and once the assembly approves it you will need to apply for a rezone that will also go to the assembly for their approval. COMMISSIONER COMMENTS Jennifer Richcreek stated she's happy to see the code revision move forward to the public arena and she thanked everyone for all of their work on it. She's looking forward to seeing the clean version and reviewing it. She will be talking to people in the community urging them to get involved and she encouraged everyone to get the word out there so that this is as collaborative and public of a process for shaping our community in a direction that we want to go. Alan Torres echoed what Richcreek said and he's glad to see this go into the public hearing phase. It will allow us to formally vote and change to come up with a final document taken into consideration what we hear from the public. It's been a long process. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 8 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: t_LS .vai Alan Torres, Chair ATTEST: By: C\112a1„-Inio Sheila Smith, Secretary Community Development Department APPROVED: September 17, 2014 7/16/2014 P&Z Minutes Page 7 of 7