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2014-10-01 Regular Meeting RECEIVED Kodiak Island Borough DEC 2 2 2014 Planning & Zoning Commissio Minutes eoR0 gDAKEA�S(AFICE ‘S5 el'October 1, 2014 6:30 p.m. in e Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the October 1, 2014 Code Update Special meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Kathy Drabek, Jennifer Richcreek, Maria Painter, Scott Arndt (late), and Pat Olsen. Excused was Alan Schmitt. Community Development Department staff present was Director Bob Pederson, Jack Maker, Martin Lydick, and Jenny Clay (for Sheila Smith). COMMISSIONER DRABEK MOVED to excuse Alan Schmitt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS COMMISSIONER PAINTER MOVED to extend public comment from 3 minutes to 5 minutes for Titles 16, 17, & 18. COMMISSIONER ARNDT arrived. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER DRABEK MOVED to combine the comments for Titles 16, 17, & 18 so as folks that can't make it to all meeting could represent their concerns. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY A) Case - Update of KIBC Title 16-Subdivisions, Title 17-Zoning, & Title 18-Borough Real Property. Request a review of the recommendations for amendments to the Borough Code. The applicant is the Kodiak Island Borough and the agent is the Community Development Department. Director Pederson stated tonight is the first step in the next aspect to this project. The commission has worked on these a little over a year and has held 29 public work sessions. The purpose of tonight's meeting is to get public input on the draft codes. COMMISSIONER ARNDT MOVED to advance Titles 16, 17, and 18 with a recommendation to the Assembly for passing. COMMISSIONER PAINTER requested that Pederson cite the inspection process in the current Title 17 because it would help folks to understand it is the same as proposed. Pederson stated in the existing code it's 17.210.020 Administrative Inspections and it's in Chapter 210 that deals with enforcement penalties and remedies and in the proposed code it's 10/112014 P&Z Special Meeting Minutes Page 1 of 7 Section 17.40.040.J on page 14 of the draft code in line 515. Pederson stated the borough has never went to court to get a search warrant, usually we work with the property owner if there's a complaint filed and we are investigating a possible violation. CHAIR TORRES stated it's not only been the twenty-nine meetings that the commission has had, this process has been in place for four years now. It started with the Project Advisory Committee who had nineteen public meetings, and Maria Painter, before she was appointed to the commission, attended almost every one of those meetings. This has been a process that's been in place and working for several years trying to work through a lot of issues. Pederson stated in 2008 the borough adopted the new Comp Plan and according to Alaska State Statutes you are supposed to periodically update your plan and review those documents and modify as necessary. It was in 2010 when the Assembly appointed the Project Advisory Committee after the consultant was hired. After the nineteen PAC meetings they signed off on it in July 2013 and it was transmitted to the commission who started working on it in July 2013. COMMISSIONER RICHCREEK wanted to clarify the structure of today's meeting stating we've moved to forward these draft codes, but if we can have an overview of whether we're going to hear from the public and then take those comments from the public and have opportunities to amend the drafts, and if you can give guidance on what that structure is that's rendering the more formal process rather than the work sessions where we just verbally hashed it out. She requested an overview of today's meeting. CHAIR TORRES said when we open the public hearing and with the permission of the commission he'd like to leave the public hearings open through the meeting and not close them, not take any actions until we've heard all public comments on this. Torres stated he'd like to hear all comments before changes are made. Director Pederson stated because we let the public know that we wanted to focus on Titles 16 and 18 tonight, Bob Scholze, Borough Resource Management Officer, is here to answer any questions about Title 18. Close regular meeting & open public hearing for Titles 16, 17, & 18 Dennis Symmons thanked the commission and stated that the commissioner's stipend doesn't even cover a babysitter. There's a distinct difference between paid government officials and not paid. If he's not mistaken, Title 17 gives borough staff permission to come onto properties. He doesn't think any government entity including troopers, police or anyone without more submitted permission has a right to do that ever in the future, past, or present in the United States of America. He thinks it's bizarre and a blatant disregard for deliberated people of this country, and he thinks it's asking for trouble. It's a serious step beyond the laws of the land. He isn't finished with Titles 16 and 18 yet but he does know there will be bank accounts drained. We are heavily taxed here, there's a tax bond coming for $10 million. He will be back to speak more once he's finished reading it. Todd Hiner stated it's our right as property owner's to know what you are up to at all times. Be transparent, work with the people to come up with solutions that are doable, break things down for the communities so they can speak to each one individually. He grew up in Kodiak and will spend the rest of his life here. He owns several properties, owns two businesses, and has five kids with families and working. We're going to be here when a lot of you leave, make decisions for the good of this community. You were elected to serve the people, not to stay on the agenda that the last assembly members were trying to push on us. Work at staying within the budget like the rest of us have to, don't pay hired outside firms $500,000 to tell us how to run our island and mess us up like the lower 48.Work within our means. You want to have borough cops come into our house without warrants and then fine us $1000 per day, then take our homes away when they can't pay. How many homeowners can afford that? Everything about Title 17 is about 10/1/2014 P&Z Special Meeting Minutes Page 2 of 7 fees and more money for the borough. There is a fee for everything we do now. Don't force people and families out of Kodiak. Give more time for the commission to go over this before it moves on. Help make Kodiak an affordable island to live on. Be transparent, work with the community, and listen to them. Dana Carros stated he'd like someone to explain why you are even doing this. What was wrong with the existing code and why have you gone to a three year process to come up with a new code. Please explain what's different from the last one, why is it necessary. Carros stated that Director Pederson read from the existing Title 17 the part about going on people's property, is it really verbatim in the draft code. Why and what in a nutshell? Mel Stephens stated he has two suggestions about process: one is related to what the gentleman before him said, what Stephens would like to see is this proposed code taken and the sections placed in one of three different categories, this language is completely new in one font, this language is verbatim from the existing code in a different font, and this section has some language from the existing code and some from the draft in a third font. Stephens requested this some time ago informally and it was never done but one of the things that has kept him from going all through this is because he basically has to read both codes to try to figure out what you're doing. With the word processing capabilities now you actually can show what is absolutely new, what's not new, and what has been changed. Along with that, if that had been done maybe some of the misunderstandings about the knock and I have reason to believe that there's a violation here can I come on your property problem may have went away. The second suggestion is we have a zoning map of the existing zoning, he'd like to see the same zoning map showing which parcels are going to change in zoning, and by that he means either the designation of the zoning or have the same designation but that designation materially changes in what can be done on your property so that I, the property owner, can look and say they changed something about the zoning of my property, ,maybe I should go look at this, maybe it's important to me because it is and isn't true that this code if adopted will speak only going forward. There's a lot of work for attorneys on nonconforming uses and what is nonconforming. If he owns a lot the code does apply to it going forward. You may not be able to make me take my slaughter house off my property if it was properly zoned to begin with. Nevertheless a map that would allow people to see there are no material changes in the zoning to my property or there are would be very helpful. Debbie Refior stated Title 17.140 - 17.220. Her concern is it's changing downtown business and designations and it shows vehicle repair is prohibited as well as major vehicle repair and auto body shops. That's what she has been doing there since 67'. Is that just thrown in, did he walk around to see what is presently available, what is actually happening, and do we need to change it? She's worked very hard at reading this and this is all she's been able to decipher and that's been one of her biggest problems with it. COMMISSIONER PAINTER said to Refior that on that citing Painter still has problems still and there are documents so thick for each title and it's very confusing. Painter has attended almost all of the PAC meetings and now as a commissioner and it's still very difficult. The citing you gave was really broad. CHAIR TORRES said it's the use chart for existing uses on page 51. Refior said there are a lot of specifics and it scares her. Rick Ellingson stated he was blindsided by the rural development getting zoned Conservation. He spends about ten to eleven months of the year on the south end of the island. He bought his land in 83' and he had it rezoned in 87' or 88' so we could do what had already been done on the land. We've expanded our operation from a setnet site to farming and other things. Giving the rural folks a way to participate in the public hearing would be wonderful. If you can give 10/1/2014 P&Z Special Meeting Minutes Page 3 of 7 advance notice of the topics for discussion ahead of time would also be helpful so he doesn't have to make extra trips into town. CHAIR TORRES explained that the public hearing notice that was mailed out gives the dates of future scheduled meetings and their suggested titles. We are taking comments on all 3 titles but we are focusing on Titles 16 and 18 right now. COMMISSIONER PAINTER stated when you have an important issue to not only address staff but also address the commission in your writing and also include the assembly to ensure everyone has a copy of your comments that we can refer to and then it's public record. Dana Carros said concerning the property in the Chiniak area by Roselyn Beach, the World Peace Training Center (used to be the winery) property has always been used going back to it being a sawmill and lodging for the sawmill, it's always been a commercial use. There are several houses there and we'd like to keep it viable and in order to do that we have to bring in income from it. He thinks it should be put back to commercial use. Alexandra Ardinger stated the draft titles are very concerning and she heard that we may have to get an engineer to go through everything that we want to fix when it comes to small home improvements or on our store. If we or anyone else has to hire an engineer when people already have a hard time affording those things she doesn't know how people will keep up with their homes or businesses. She requested the commission have more time to work on this before it moves forward. Reed Oswalt stated his wish is that the P&Z Commission would spend more time on planning than on zoning. We have a situation where there's no new properties opened up and there's over 500 acres of land above here that could be opened up. With the situation here and all the things that you are adding you are killing the engine that has run Kodiak and that's the young people that come in here and are able to get a piece of land, live on that land as soon as they get it, and continue on. We've had areas out here in Monashka Bay and that's how they were settled. Those areas are generating a large tax fund. We're in the situation where our taxes are no longer stable, the borough needs more money and goes out to re-assess. That's what is taking place because there isn't any new land opened up for several years. There's a subdivision up here that was put together in 1982 at the end of Von Scheele. He'd like to see the commission do some planning instead of all this zoning, rehashing the code. He doesn't think there's been anyone killed in a house by it falling down. There is some interesting situations, when Oswalt was running the sawmill there was a man who came in to buy 3 boards, as soon as he paid for them he said "these are the last boards I'm going to buy from you because he was going to go home to nail up these last 3 boards and then he's done with his house. As you well know the bank doesn't own anything because it wouldn't give me any money to build it with." That house has been sold at least 4 different times since Oswalt has been out there and the valuation has probably tripled or quadrupled from when it was started. This is what the Planning and Zoning Commission should be doing and that is planning. Quit the zoning, we have too many things that we have to try to comply with and none are simple. You're talking about taking a Philadelphia lawyer to get this done and then to have someone come out do the (inaudible). You are making a job for someone else and you're not helping anybody who comes into this town. Judi Kidder stated a number of years ago when she worked with the Lion's Club on the Bus Shelter Program one thing that became very evident in some of the planning with the roads with the zero lot lines in Kodiak and that comes back to what Oswalt said about planning. School buses are stopping in dangerous intersections because there's nowhere for it to safely pull over. All it's going to take is for someone to blow by the bus for some kid to get hurt. The planning side of things is really important and it's important to take into account the consequences of the decisions you make. She's seen a lot of gung ho, let's get this done and fallout at the other end. 10/1/2014 P&Z Special Meeting Minutes Page 4 of 7 The sludge thing out in Middle Bay is a classic example. She's very interested in Title 18- Borough Lands. Kodiak Cleanup goes out and does a lot of cleanups in public spaces and they try to get the public involved because it's a safety issue. They want a place to recreate. Things are coming up on her radar about easements for public access to beaches that private residents have blocked off. They've even blocked off pedestrian access to a certain beach and the owner scares the kids away. There's a development going on in Woodland Acres where they have jumped the gun on permits, etc. Public access to public lands and designated uses, conflict in uses, you designate spaces. There was an issue at Island Lake with ice skaters and snow mobiles, etc. that was a big conflict. If you take the time to plan and designate uses for the different user groups on public lands you'll have less conflicts, less issues, and things will run smoothly. Instead of taking things away and telling people what they can't do then they are just going to go tear something up illegally but if you give them a designated use you'll find a lot of the issues associated with the illegal use will go away. Kevin Arndt stated that he's probably done ten or twelve subdivisions that have flaflots. He knows all the property that's not subdivided on Spruce Cape, to subdivide it under these new rules with a 30 foot wide stem only will turn them from 4 lots to 3 lots. They will be bigger lots but they will cost a lot more money. Arndt feels that if you are able to keep the flags together at 20 feet is the only way you can do it. He realizes there are issues with some people down the line that have these lots that have a problem with access because they have a problem with their neighbor and he doesn't think it has anything to do with the access, you've got 40 feet with a common flag through the stem. We put 1 road in that's approximately 18 feet wide and it accommodates everybody and if they want to add to it and put parking on it they do. He hasn't heard of anyone that he's sold to that has had an issue but it's probably other people down the line. As a subdivider he's totally in favor of going with 20 foot wide if they are common and 30 feet if they're not. Arndt lives on a flaglot and the last 2 places he's lived were flaglots and he likes them because you are back off the road. Arndt sees there are 4 options for downtown parking; downtown seems to be a problem anytime someone wants to go with on-street parking. He has several properties downtown and all of them have a parking issue. They will all go away with option 3. He was planning to bring before you an on-street parking for one of our properties but now we aren't going to at this point. We want to see where this ends up. If there's a problem it can be down in the Industrial area when you have 80 to 100 cannery workers all trying to get to work and a place to park. One of his Shelikof properties there's really not a time when you can't find a parking space, whether it's on someone else's property, on the street, or down the road. He reiterated that he's in favor of Option 3. Mr. Stevens request for comparisons from old to new code and color coded is not a lot to ask for to get this code put to where you can tell what's being changed and what isn't, this is major. Michelle St. Clair stated she is opposed to the change from RR to RR1 mostly due to lot size and some of the conditional uses as well. The reason she moved to the area was for the lot size and the number of homes. ? stated that Chiniak Residential 2 and Chiniak Residential 5, is that lot size? It says while maintaining the low density residential use as the primary use of these areas the new districts also allow limited commercial uses with focus on serving the recreational tourism industry, the new districts also allow each district to be tailored to the characteristics of each area over time. Alexandra Ardinger stated on the new provisions for accessory dwelling units, it says in the current code that ADU's are allowed and in the new code it says they won't be allowed. Judi Kidder stated that Kevin Arndt was talking about parking on Shelikof Street, again with planning there's an idea that she had to develop an off-site parking lot for canneries on Shelikof so they could do like a park n ride system. (Inaudible) using successfully using the vans to move their employees back and forth to alleviate some of the parking. If you work towards having 10/1/2014 P&Z Special Meeting Minutes Page 5 of 7 even an undeveloped lot where the workers could park and canneries could run shuttle buses to take some of the pressure off and maybe eliminate some requirements for having so many parking spaces take up their lots. Jake Hartley stated in Title 17, you made a comment about being able to come onto my property with reasonable cause. What would be reasonable cause? Also, you said with the way it's written that you can just go get the warrant, that you didn't have to approach the homeowner. Hartley stated he is opposed to this. Todd Hiner asked if there are any fines as far as the homeowner if they don't comply. James Selker stated he bought land that's federally patented and it states in there what he can use the land for. How does your regulations going to affect his land. Do you override the federal government? It states on the patent that it can be used for commercial mining, commercial fishing, basically whatever we need to use it for but he needs to know how do we move forward in the future and stay within our federal given rights and the borough rights. Alexandra Ardinger wanted to know why aren't we tweeking the existing codes, and why are we spending all this money to send someone here to find these problems when we could just tweek what we have. It is to the point where no one can understand it, it's complex, and so much to it. CHAIR TORRES stated this public hearing will be continued at the October 22, 2014 special meeting. OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS None REPORTS A) Meeting Schedule: • October 8, 2014 Work Session-6:30 p.m. in the KIB Conference room. • October 15, 2014 Regular Meeting-6:30 p.m. in the Assembly Chambers. • October 22, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers • October 29, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers. • November 5, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers VOICE VOTE ON MOTION STAFF COMMENTS COMMISSIONER COMMENTS Alan Torres stated if there are still more comments coming in then we will schedule more public hearings Jennifer Richcreek asked when does the commission have the opportunity to offer amendments. She also thanked the public for participating. Alan Torres answered stating when the public hearings are closed and we go into discussion. Kathy Drabek thanked the public for participating. Pat Olsen also thanked the public for participating. 10/1/2014 P&Z Special Meeting Minutes Page 6 of 7 Maria Painter thanked the public for participating and to write down and submit comments. Alan Torres wanted to emphasize again his appreciation for the public coming out and making comments on this. It's a hard task to do without it and with public comment we can come up with a product that's user friendly. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 8:04 p.m. KODIAK ISLAND BOROUGH PLANNINAND ZONING COMMISSION By: ��NIV Alan Schmitt, Vice Chair ATTEST By: cOtZDAQ(t K ,rn GD Sheila mith Community Development Department APPROVED: December 17, 2014 10/1/2014 P&Z Special Meeting Minutes Page 7 of 7