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1995-01-18 Regular Meetingi PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 18, 1995 KODIAK ISLAND BOROUGH ASSEMBLY CHAMBERS 7:30 pm AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS Regular meeting of December 21, 1994 V AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) CASE: 95-001 APPLICANT: Dan Ogg & Eric Blankenberg REQUEST: Planning and Zoning Commission review and approval, in accordance with Sections 17.24.060 F, Open Storage, and G, Screening, of the Borough Code, of a proposed screening plan on an I --Industrial zoned lot. LOCATION: Parcel P-19, City Tidelands ZONING: I --Industrial VI PUBLIC HEARINGS VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS X REPORTS A) Community Development Department Monthly Status Report XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS A) Date of next regular Planning and Zoning Commission meeting XIII ADJOURNMENT Minutes for this meeting are available upon request; call the Community Development Department at 486-9363. The public is invited to attend the packet review worksession for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. P & Z Commission Agenda Page 1 of 1 January 18, 1995 I II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 18, 1995 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chair Friend on January 18, 1995 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Bruce Barrett Donna Bell Ken Gordon Jeff Knauf Pat Szabo Darlene Turner Commissioners Absent: None A quorum was established. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. Staff reported the following additions to the agenda: VII. OLD BUSINESS A) CASE: S94-020 APPLICANT: AGENT: Omar Stratman Ecklund Surveying P & Z Minutes: January 18, 1995 Page 1 of 9 REQUEST. Preliminary approval of the subdivision of Lot 6, Brookers Lagoon, creating Lots 6A through 6G, Brookers Lagoon (Postponed from the July 20, August 17, September 21, and October 19, 1994 regular meetings). LOCATION: 37632 Chiniak Highway ZONING: RRI--Rural Residential One VIII. NEW BUSINESS Election of Officers IX, COMMUNICATIONS A) Letter dated December 29, 1994, to Mike Haggren, from Tom Bouillion, RE: Fishing gear storage on Lot 3, Block 1, Monashka Bay Subdivision. B) Letter dated January 4, 1995, to Tom Bouillion from Mike Haggren, RE: Fishing gear storage on Lot 3, Block 1, Monashka Bay Subdivision. C) Findings of fact, adopted by Borough Assembly at their January 6, 1995 meeting, supporting their decision to deny the appeal of Case S94-028. D) Letter dated January 18, 1995 to Louis Gatson from Tom Bouillion, RE: Alleged occupation of a second dwelling unit on Lot 33, Block 6, Aleutian Homes Subdivision. E) Points of discussion concerning the Tugidak Island Critical Habitat Draft Management Plan at the January 4, 1995 Planning and Zoning Commission Worksession. COMMISSIONER KNAUF MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the December 21, 1994 Planning and Zoning Commission regular P & Z Minutes: January 18, 1995 Page 2 of 9 J QJ meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS The following audience comments were all made in reference to Case 95-001, Appearance Request Item A. Marya Nault, representing Pearson Cove/Mission Road Community Association, appeared before the Commission to express concern about the proposed screening plan for Parcel P-19, in Pearson Cove. The concerns were about the economic impact inadequate screening would have on the area, the safety of the people residing in the area and those using the adjacent park, and the aesthetics of the proposed screening. Ms. Nault presented the Commission with a copy of a letter, dated October 24, 1994 to the applicant from the U.S. Army Corps of Engineers, asking for more specific information on their proposed project. She suggested that the Commission include in its decision, a process by which the screening plan can be reveiwed for compliance with its stated goal to "keep with the character of the area". She concluded by stating that she felt making decision tonight was premature, considering that issues of access remained unresolved. Mike Haggren appeared before the Commission and stated that he felt a minimum four (4) foot high, maximum eight (8) foot high rock wall (from the road bed of Father Herman Street) with vegetation, was acceptable. He felt that a wood fence would be poor in that, being so close to the ocean, it could have a tendency to deteriorate and would be difficult to maintain. He also thought that any decision made tonight was premature, considering that issues of access remained unresolved. Pat Holmes appeared before the Commission to address the appropriateness of certain vegetation being used as screening. He felt that some of the vegetation proposed for screening could become very intrusive to the park and neighbors. He stated that using vegetation that did not grow too tall and did not spread would be least likely to block the view of the channel for surrounding residents. P & Z Minutes: January 18, 1995 Page 3 of 9 9 LINDA FREED reported that a revised screening proposal had been submitted by the applicant, and copies were available for the public in the slots outside of the Assembly Chambers. A) Case 95-001. Planning and Zoning Commission review and approval, in accordance with Sections 17.24.060 F, Open Storage, and G, Screening, of the Borough Code, of a proposed screening plan on an I --Industrial zoned lot. Parcel P-19, City Tidelands. BOB SCHOLZE reported that a revised screening proposal dated January 16, 1995 had been submitted by the applicant and included for the Commission's consideration. He pointed out that a memorandum from the City of Kodiak, Engineering Department was also provided, which stated that the revised plan was satisfactory to them. Staff had recommended postponement of this request, in the staff report, until the February regular meeting, to allow time for a comprehensive discussion of what constitutes appropriate and adequate screening, in accordance with the code sections referenced. COMMISSIONER BARRETT asked staff if any screening plan reviews had been postponed in the past, and wondered why, at this point, staff was making that recommendation, and questioning the intent of the Borough Code, considering that they had addressed other screening reviews without difficulty. LINDA FREED reported that prior screening reviews had related to B--Business property (not I --Industrial) next to residential property, and that other proposed screening plans had not been as controversial as this one. She pointed out that the postponement was recommended to allow the Commission time to visit the site, and consider their decision carefully, because there was an aesthetic concern in this case that made it more prominent than other cases. It was noted that I -- Industrial screening, typically, was to be site obscuring. However, if that were to be enforced in this case, it would also block or obstruct, what neighbors felt to be, a very important aspect of their view of the channel. MS. FREED stated that the Commission needed to carefully weigh these two competing values (screening the industrial use vs. protecting the view) in determining appropriate screening for this lot. P & Z Minutes: January 18, 1995 Page 4 of 9 COMMISSIONER KNAUF MOVED TO POSTPONE approval of a screening plan for Parcel P-19, City Tidelands until the regular February meeting, in order to allow time for a comprehensive discussion of what constitutes appropriate and adequate screening, to meet KIBC Section 17.24.060 F & G. The motion was seconded. The Commissioners agreed that they did not feel that postponement would accomplish anything, and that they should make a decision tonight on this request. COMMISSIONER SZABO MOVED TO AMEND BY SUBSTITUTING with a motion to approve the screening plan submitted for Parcel P-19, dated January 16, 1995. The motion was seconded. The Commission discussed the most appropriate height for the fence and/or wall. COMMISSIONER SZABO MOVED TO AMEND the main motion to specify that the fence and/or wall shall be no less than five (5) feet in height, and no greater than eight (8) feet in height. The motion to amend was seconded and carried by unanimous roll call vote. The Commission then discussed what they felt would be the most appropriate type of fence and/or wall. They discussed rock walls vs. wooden fences. COMMISSIONER SZABO MOVED TO AMEND the main motion by requiring that if any part of the screening is constructed of wood, it shall consist of a double -sided picket fence, as illustrated in the drawing accompanying the January 16th proposal. The motion to amend was seconded and carried by unanimous roll call vote. P & Z Minutes: January 18, 1995 Page 5 of 9 COMMISSIONER SZABO felt that the applicant should be allowed some flexibility with his screening plan. However, she also felt that changes should still be subject to the Commission's approval. To ensure that additional review does not cause additional fees to be incurred, she proposed the following motion: COMMISSIONER SZABO MOVED TO AMEND THE MOTION by requiring that, should the applicant feel that conditions have changed and he wants to amend the plan, the revised plan must be reviewed and approved by the Planning and Zoning Commission, at no additional charge to him. The motion to amend was seconded and carried by unanimous roll call vote. COMMISSIONER SZABO MOVED TO AMEND THE MOTION by adding that the January 16, 1995 screening plan, as amended, meets the requirements of Sections 17.24.060 F (Open Storage) and G (Screening) of the Borough Code. The motion to amend was seconded and carried by unanimous roll call vote. Their was some concern expressed about the finished grade of the lot, as this would be used to determine the height of the fence. Several suggestions were made, and Commissioner Barrett presented the following motion for consideration: COMMISSIONER BARRETT MOVED TO AMEND THE MOTION to say that finished grade (for measuring the height of the fence) will be determined from the manhole cover located closest to Parcel P-19, on Father Herman Street. The motion to amend was seconded, and carried by a roll call vote of 5-2. COMMISSIONERS SZABO and GORDON voted no. The question was called. The motion to substitute the original motion to postpone, with the amended motion to approve, was before the Commission. P & Z Minutes: January 18, 1995 Page 6 of 9 ,� For clarification, LINDA FREED read the substituted motion, and reconfirmed the amendments approved by the Commission. The motion to substitute carried by unanimous roll call vote. The motion to approve as amended carried by unanimous roll call vote. Discussion of findings of fact was deferred until the end of the meeting. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS There were no public hearings. VII. OLD BUSINESS A. Case S94-020. Request for preliminary approval of the subdivision of Lot 6, Brookers Lagoon, creating Lots 6A through 6G, Brookers Lagoon (Postponed from the July 20, August 17, September 21, and October 19, 1994 regular meetings). BOB SCHOLZE reported that, at the October 19, 1994 regular meeting the Commission postponed action on this case until the January, 1995 regular Commission meeting and scheduled it as an Old Business Item. Subsequently, the applicant has been negotiating the sale of a portion of Lot 6, to an adjacent property owner. This will require a redesign of the plat to include the adjacent property (Lot 7). As a result, the applicant has again requested postponement of preliminary approval of the plat until the redesign is completed. Staff concurrs with this postponement. COMMISSIONER TURNER MOVED TO POSTPONE action on Case S94-020 and to schedule it as a public hearing upon receipt of a revised preliminary plat. The motion was seconded and carried by unanimous roll call vote. P & Z Minutes: January 18, 1995 Page 7 of 9 There was no further old business. VIII. NEW BUSINESS Election of Officers. COMMISSIONER FRIEND was re-elected as CHAIR by unanimous consent. COMMISSIONER KNAUF was re-elected as VICE CHAIR by unanimous consent. COMMISSIONER KNAUF was appointed as the Planning and Zoning Commission representative to the Parks and Recreation Committee. IX. COMMUNICATIONS COMMISSIONER KNAUF MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. There were no further communications. X. REPORTS COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER BARRETT expressed concern about the length of time in which the proposed fence and/or wall in case 95-001 might be completed. He asked about the possibility of adding a condition P & Z Minutes: January 18, 1995 Page 8 of 9 which would require that the fence be completed within a certain period of time. MS. FREED pointed out that, if the Commission wished to do this, they would need to move to reconsider their motion to approve the screening plan, so they could amend it. COMMISSIONER TURNER MOVED TO RECONSIDER Case 95-001. The motion was seconded. Mr. Ogg, applicant, was asked about his plans for completion of the project and the fence/wall. He responded by stating that his intent was to start the fence/wall during the upcoming summer. He stated that when the Corps permit was issued, it was valid for a 3 year period of time, and that he would be required to have his project done within that time constraints. According to his proposal, his fence/wall would be completed within that same period of time. After the Commission discussed this issue with Mr. Ogg, the question was called, and the motion to reconsider failed by a roll call vote of 0-7. The Commission then discussed their reasons for approving the proposed screening plan, so that staff could draft findings for their consideration at the February meeting. XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 10:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION � c By: J ro �0en hair ATTEST By: �-� P/- a' -. Eileen Probasco, Secretary Community Development Department DATE APPROVED: February 15, 1995 P & Z Minutes: January 18, 1995 Page 9 of 9