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2014-11-19 Regular Meeting RECEIVED Kodiak Island Borough Planning & Zoning Commission DEC 2 2 2014 Minutes November 19, 2014 6:30 p.m. in thdaAQgn12Kl0fALLOItil UcE 1 CALL TO ORDER VICE CHAIR SCHMITT called to order the November 19, 2014 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR SCHMITT led the pledge of allegiance ROLL CALL Commissioners present were Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Scott Arndt, and Pat Olsen. Excused was Maria Painter due to being out of the country. Community Development Department staff present was Director Pederson, Martin Lydick, and Sheila Smith COMMISSIONER ARNDT MOVED to excuse Maria Painter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER RICHCREEK MOVED to approve the November 19, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the October 15, 2014 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS A) CaseS15-004. Request preliminary approval of the replat of a Portion of Lot 12, U.S. Survey 2539, Protracted Section 1, T.28S, R.20W, Seward Meridian (ALS 89-10, Plat 90-28), vacating a 50 foot wide road and utility easement and a portion of an electrical easement, creating a new 50 foot wide road and utility easement and electrical easement (KIBC 16.40 & 16.60). The applicant is the City of Kodiak and the agent is St. Denny Surveying Inc. The location is NHN West Rezanof Drive (East end of Gibson Cove Road). The zoning is (- Industrial. Martin Lydick reported this subdivision request facilitates the City of Kodiak's development project at Pier III, the primary marine freight terminal serving the City and Borough. Expansion and reconstruction of the existing facility is currently underway. New cargo handling machinery and equipment are being installed and require upgrades to the electrical services currently provided. . Vacating existing, inaccurate roadway and utility easements, and rededicating roadway and utility easements that reflect actual conditions and needs on the ground are the focus of the action. Staff recommends approval with no conditions of approval. COMMISSIONER ARNDT MOVED to grant preliminary approval of the replat of a Portion of Lot 12, U.S. Survey 2539, Protracted Section 1, T.28S, R.20W, Seward Meridian (ALS 89-10, Plat 90- 11/19/2014 P&Z Minutes Page 1 of 4 28), vacating a 50 foot wide road and utility easement and a portion of an electrical easement, creating a new 50 foot wide road and utility easement and electrical easement (KIBC 16.40 & 16.60)and to adopt the findings in the staff report entered into the record for this case as "Findings of Fact" for case S15-004. COMMISSIONER RICHCREEK declared a potential perceived conflict of interest stating the electrical easement is for KEA's fly wheel, she's employed by KEA and she assisted St. Denny Surveying in the preparation of this application. VICE CHAIR SCHMITT asked if her job is contingent upon the outcome of this vote. COMMISSIONER RICHCREEK stated it was not. VICE CHAIR SCHMITT ruled that it's an indirect financial interest but he does not perceive it to be substantial to the extent it would preclude a vote. The commission was in agreement. Close regular meeting & open public hearing: Alan Torres called to say there is no sound in the live streaming of the meeting and he could hardly hear us on the phone. Close public hearing & open regular meeting: FINDINGS OF FACT 1. This plat meets the minimum data required by Kodiak Island Borough Code 16.40.040. 2. This plat meets the minimum design requirements of Kodiak Island Borough Code 16.40.050. 3. This plat provides a subdivision of land that is not detrimental to the public's health, safety, or general welfare. 4. This plat provides a subdivision of land that will not result in material damage or prejudice to other properties in the area. 5. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S15-005. Request preliminary approval of the subdivision of T.29S, R.19W, TL2001, Landfill Site, vacating section line easements and creating Lots 1 and 2, Kodiak Island Borough Landfill Subdivision (KIBC 16.40 & 16.60). The applicant is the Kodiak Island Borough and the agent is Robert Scholze, Borough Resource Management Officer. The location is 1203 East Monashka Bay Road and the zoning is I-Industrial. Lydick reported following discussion with sister agencies and among local staff it's been decided to proceed with this subdivision action without moving to vacate the section line easements as depicted on the preliminary subdivision plat originally presented for review and consideration. As a consequence, the applicant has withdrawn preliminary subdivision request and the action will proceed as an abbreviated plat action subject to the administrative approval of the departmental director. Director Pederson stated there were discussions about this plat over a year ago shortly after the rezone occurred to make sure all the active parts of the landfill were in the Industrial zoning district. At that time Mr. Scholze had discussions with the state about this plat and vacating the section line easements. It was his impression that they were beginning their consideration, which we were told could take 6 to 9 months, and when he was ready to submit this plat the state said no, we start from now. This is causing time delays and these section line easements don't impact any buildings at the landfill so the borough has opted to process this as an abbreviated and then come back at a future date to have the discussion of the vacation of section line easements. There were some requirements the state wanted to see about other public access and through a landfill site that is problematic so it was agreed we'll take that action separately. 11/19/2014 P&Z Minutes Page 2 of 4 Pederson clarified that we would do the abbreviated plat, final that to create the 2 parcels, then sitting behind that is the city plat application that will be coming in to create the parcel for disposal for their contractor for the composting. At such time as the discussion negotiations with the state over the section line easements there will be a new preliminary plat coming to P&Z and then the final of that. There will be a total of 3 platting actions for the site. OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A) Planning and Zoning Case Results Letters B) Letter of courtesy & Advisory dated October 6, 2014 C) Letter of Courtesy & Advisory dated October 22, 2014 D) Notice of Courtesy & Advisory dated October 22, 2014 E) Notice of Violation & Order dated October 31, 2014 Pederson stated we continued the Code Update Public Hearings to January 7th and at this time asked the commission to reschedule that from January 7th to January 12th. We will have a quorum that night. There are about 4 other steps that would follow from that. COMMISSIONER ARNDT MOVED to acknowledge receipt of the communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • December 10, 2014 work session-6:30pm-KIB Conference Room • December 17, 2014 regular meeting-6:30pm-Assembly Chambers • January 12, 2015-Code Update Special Meeting-6:30 p.m.-Assembly Chambers • January 28, 205-Code Update Special Meeting-6:30 p.m.-Assembly Chambers • February 4, 2014-Code Update Special Meeting-6:30 p.m.-Assembly Chambers COMMISSIONER ARNDT MOVED to change the January 7'2015 Code Update Special Meeting to January 12, 2015. Pederson stated KMXT may be broadcasting the January 12th meeting so the villages can listen and call in and they can also connect on the internet. There will be new PSA's starting Friday through December leading up to that meeting and display ads in the newspaper. Staff's been working on developing comparison tables for each zoning district, old to new and the uses, a matrix for each one showing what's permitted now and what's not permitted, and how that looks old to new code. There's a color coded version of the code in 3 colors that will show totally new text, verbatim or very close to verbatim from the existing code, grammar that's been cleaned up or reorganized, and things that are substantially in there but have been reworked. Most importantly there will be an updated staff report for each code title talking about these things pointing them out and listing all the comments that are specific that have been made through emails, letters, and at these meetings and identifying the section number where it's in the code, what suggestion would be if you desire to change it underline strikeout of that paragraph or line or that portion of the table showing the change in the table. The deadline will be thirty days before the January 12th meeting which will be December 12th to post on the website to allow time for everyone to absorb them. Staff recommendation on the 12th would be to divide the 3 actions unless we hear something in the interim to close the public hearings on Titles 16 and 18 and begin deliberations and then continue working on Title 17. We've looked at other possible public hearing dates of January 28th and February 4th. 11/19/2014 P&Z Minutes Page 3 of 4 There was consensus, once all public comments are received, to break up the Titles, amend, and approve separately. The public has made it clear that they want to be heard. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY B) Minutes of Other Meetings • July 22, 2014 Parks and Recreation Committee • August 26, 2014 Parks and Recreation Committee • September 23, 2014 Parks and Recreation Committee STAFF REPORT COMMISSIONER ARNDT MOVED to acknowledge receipt of the reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None STAFF COMMENTS None COMMISSIONER COMMENTS Kathy Drabek stated she appreciates staff attempting to create documents that assist not only the commission but the public in further understanding what these last 2 years have meant. Jennifer Richcreek thanked Martin Lydick for his work on the comparisons, and thanked staff and the borough for supporting the continuing education of the commission in sending us to the American Planning Association training, it was a great experience. She appreciates the opportunity of being on the commission and to learn more of how she can do the job better. Pat Olsen stated as the newest member she thanked Martin Lydick because she wasn't here for the entire process so to see the change from what it was to what the brief part will be a great help. Alan Schmitt stated he echoes Ms. Olsen and he was here for one public hearing and was pleased by the turn out. He knows the first 2 meetings had a good turn out and he'd really like the turn out to continue and we'll keep doing it as long as we have the turn out. We have spent a lot of time going through this. We can use any input the public has, it will be very interesting when we get to the point of having to vote on it. He's encouraged on seeing Mr. Horn, Code Enforcement Officer, actually ramping up the enforcement efforts. Schmitt also appreciates the support of staff in sending us to the training. ADJOURNMENT COMMISSIONER RICHCREEK MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VICE CHAIR SCHMITT adjourned the meeting at 7:18 p.m. KODIAK ISLAND BOROUGH PLANNIN AND ZONING COMMMMIISSION By: CS �---� Alan Schmitt, Vice Chair ATTEST By: l0AAlWAQe L\>LC_ Sheila Smith Community Development Department APPROVED: December 17, 2014 11/19/2014 P&Z Minutes Page 4 of 4