Loading...
2003-01-15 Regular MeetingKODIAK ISLAND BOROUGH / PLANNING AND ZONING COMMISSION REGULAR MEETING JANUARY 15, 2003 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR WILLIAMS on January 15, 2003 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Barbara Williams — Vice Chair Gary Carver Jerrol Friend Cheryl Boehland Jake Ketscher Dennis McMurry A quorum was established. Commissioners not present Reed Oswalt Others Present Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. COMMISSIONER KETSCHER MOVED TO EXCUSE Commissioner Oswalt from the meeting. The motion was SECONDED by COMMISSIONER FRIEND and CARRIED by unanimous voice vote. III. ELECTION OF OFFICERS Staff entertained motions for Chair. COMMISSIONER FRIEND MOVED TO NOMINATE Commissioner Williams for chair. The nomination was SECONDED by COMMISSIONER KETSCHER. COMMISSIONER FRIEND MOVED TO CLOSE nominations for chair. The motion was SECONDED by COMMISSIONER KETSCHER. P & Z Minutes: January 15, 2003 Page 1 of 12 A L The question was called, and Commissioner Williams was elected Chair by a unanimous voice vote. Staff entertained motions for Vice Chair. COMMISSIONER BOEHLAND MOVED TO NOMINATE Commissioner Ketscher for Vice Chair. The nomination was SECONDED by COMMISSIONER WILLIAMS. COMMISSIONER FRIEND MOVED TO CLOSE nominations for vice chair. The motion was SECONDED by COMMISSIONER KETSCHER. The question was called, and Commissioner Ketscher was elected Vice Chair by voice vote, five yays to one nay. IV. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER FRIEND, and CARRIED by unanimous voice vote. V. MINUTES OF PREVIOUS MEETING COMMISSIONER KETSCHER MOVED TO APPROVE the minutes of December 18, 2002 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. VI. PRESENTATIONS Presentation of certificate of service to past Commissioners Rob Lindsey and Clarence Selig. Also presented an engraved gavel to past Commissioner Clarence Selig for his years of service as Vice Chair and Chair. VIL AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VIII. PUBLIC HEARINGS A) Case 02-026. Request for review of Planning and Zoning Commission Resolution 2000-01 recommending disposal of Tract A-1, Kadiak Alaska Subdivision 1" Addition and consideration of a resolution to amend the Commission's recommendation in Resolution 2000-01. P & Z Minutes: January 15, 2003 Page 2 of 12 STAFF reported that forty-four (44) public hearing notices were sent out for this rcase, with three (3) returned asking that the area be left as a green space. STAFF {k stated that this request had been postponed from the November 2002 regular meeting. Staff recommends, based on administration recommendation, to not take any action on these parcels at this time. COMMISSIONER KETSCHER MOVED TO recommend that the Kodiak Island Borough Assembly initiate the rezone of Tract A-1, Kadiak Alaska Subdivision I" Addition and Tract G, Kadiak Alaska Subdivision from PL-Public Use Land to NU -Natural Use. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Mike Sirofchuck, Parks & Recreation Committee Chair: Spoke in support of this motion and explained the reasoning behind the Parks & Recreation Committee resolution that recommends rezone of these properties and dedication for park purposes. Rob Lindsey, area resident: Stated that he was on the Commission the first time Tract Al was considered for rezone and that there was quite a bit of public concern. Stated that he felt the best use for this property has not been determined yet and that rezoning to NU -Natural Use would be premature. Recommended removing it from the Planning & Zoning Commission agenda at this time. Likes the fact this area provides some access for motorized use. Would like to see it remain Public Use land but be removed from the disposal list. Sharon Kennedy, area resident: Stated that Staff had been helpful in assisting the public through this process. Said that at the last work session, at the request of the public, staff had shown a map of the area and attempted to point out any other areas in that neighborhood that could be used for public use. It was determined that there were no other properties on that side of town that could be used for public recreation. Stated that the manager of the sewer treatment plant, at the work session, said that he felt this tract should remain green, for a buffer. Asked that the Commission move hastily to secure this property for public use. Norma Holt, area resident: Stated that she would support removal of this property from the disposal list. Isn't certain of the differences between Public Use land zoning and Natural Use, but would like to see the property remain a greenbelt for use by the residents in the neighborhood. Doesn't see any other area that could be used for this purpose, with all the recent development taking place. L ,. P & Z Minutes: January 15, 2003 Page 3 of 12 At this point, per the Chair's request, staff explained the difference between the Public Use zone and the Natural Use zone. Staff also took this opportunity to clarify that the current motion on the table is to recommend that the KIB Assembly initiate a rezone. Hap Heiberg, Sewer Treatment Plant Manager: Stated that he could not speak officially for the city, but that he is there to answer questions people may have. Stated that a portion of the city property is fenced, but not all of it, and they are starting to see an increase in vandalism from the back of the property. Feels it is important to have a greenbelt around the treatment plant and not have development near the plant. Jim Poulos, area resident: Stated that he is in favor of the Tract being removed from the disposal list. Stated that when he was on the service board that dealt with the water and sewer issues of that neighborhood they had all thought that these lots were already designated as a greenbelt. Would like to see it remain a green area with the trails left in place. Feels that the trees filter the smells from the sewer treatment plant. Would like to see it left the way it is. Leonard Roberson, area resident: Spoke via phone call. Would like to see the request to remove this lot from the disposal list move forward to the Assembly. Stated that it is one of the few tracts of land left with standing trees. Feels it acts as a dust and wind block. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED, four yays to two nays, by roll call vote. Commissioners Friend and McMurry were the two nays. COMMISSIONER KETSCHER MOVED TO adopt Planning and Zoning Commission Resolution No. 2002-07 as referenced in the supplemental staff report dated November 20, 2002. The motion was SECONDED by COMMISSIONER FRIEND. Regular session closed. Public hearing opened: Mike Sirofchuck. Parks & Recreation Committee Chair: Clarified, on behalf of the Parks and Recreation Committee, that where it states "park" in the resolution the intent was greenbelt or greenspace. P & Z Minutes: January 15, 2003 Page 4 of 12 Public hearing closed. Regular session opened: COMMISSIONER KETSCHER MOVED TO AMEND the main motion, striking the wording in Resolution 2002-07 "for park purposes" in the "NOW, THEREFORE IT BE RESOLVED" section and replacing with "as a greenbelt". The motion was SECONDED by COMMISSIONER FRIEND. The question on the amendment was called and carried five yays to one nay by roll call vote. Mr. McMurry was the one nay. The question was called on the amended main motion and CARRIED by unanimous roll call vote. B) Case 02-023. Request for review of the Zoning appeals code, Section 17.90.010, determining how a person may appeal certain administrative decisions under KIBC Title 17 and the enforcement, penalties and remedies code, Section 17.75. STAFF indicated this case was advertised in a newspaper of general circulation. The case has been postponed by the Commission several times for further consideration and at the packet review January 8, 2002 the Commission suggested that more progress might be made on this issue if discussed in a work session Format. Staff recommends removing this case from the agenda and setting a work session date in which to discuss this issue. COMMISSIONER KETSCHER questioned staff as to the possibility of requesting legal opinion regarding this issue. Staff answered that the Commission had not requested legal opinion in at least a couple years and that any request for legal opinion would have to be approved by the manager's office. COMMISSIONER FRIEND MOVED TO take case 02-023 off the regular Commission meeting agenda and to schedule this issue for a public worksession to be scheduled for February 26, 2003. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Bill Roberts. Womens Bay resident: Stated that he is very happy the Commission is undertaking this case. Understands and urges the Commission to take the time they need in deciding this issue but definitely develop some sort of an appeals process resolution. P & Z Minutes: January 15, 2003 Page 5 of 12 Jack Doyle, Womens Bay resident: Encouraged the Commission to move forward and try to develop an appeals process that levels the playing field. Feels that developing a fair and equitable appeals process is integral to a government at all stages. Understands the Commission's fears that developing an appeals process would allow anyone to appeal anything. Doesn't know what the answer to that is, but encourages the Commission to provide due process that's fair for both the applicant and other individuals. Sheila Roberts, Womens Bay Resident: Thanked the Commission for their diligence on this issue. Thinks the Commission should seek legal advice now, if they feel they need it. Believes that would be a very good use of her tax dollars. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED five yays to one nay by roll call vote. Commissioner Ketscher was the one nay. 10 Minute Break C) Case 03-001. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Lot 13A, Block 36, East Addition from Rl-Single Family Residential to R2-Two Family Residential. STAFF relayed the history of this property. Staff explained that R2-Two Family residential is consistent with the KIB Comprehensive Plan. Staff indicated that several of the property owners within Block 36 were interested in having their property rezoned as well, which would eliminate the spot zoning concern. Staff recommended this request be postponed to expand the scope of the rezone to include the entire Block 36, East Addition. Staff indicated that one hundred ten (110) public hearing notices were mailed out for this case with two (2) being returned in favor of the request, one (1) opposing the request and one (1) remaining neutral. COMMISSIONER CARVER MOVED TO postpone Case 03-001 until the next regular meeting on February 19, 2003 and to expand the scope of review to include all lots comprising Block 36, East Addition, so that the resulting request is one of expanding the nearby R2 zoning district currently applied to Block 35, East Addition, rather than a request to rezone a single lot located within a contiguous RI zoning district. The motion was SECONDED by COMMISSIONER FRIEND P & Z Minutes: January 15, 2003 Page 6 of 12 Regular session closed. Public hearing opened: Jim NaQan, area resident: Stated that they are sympathetic to the plight of the Small World Board of Directors. Stated that he is very concerned about the possibility of spot zoning and realizes that there are several non -conforming structures within this neighborhood. Some of these non -conformities contribute to on -street parking problems. Stated he is in support of postponement, with review of the current property uses and issues in the neighborhood, including Block 40 in addition to Block 36. Steven Ames, area resident: Spoke in support of rezoning the entire Block 36. Is aware that four of the existing structures within the block had contained non- conforming buildings at one time or another. Understands the parking concerns but thinks the use density would remain approximately the same. Supports the postponement so rezoning the entire block can be considered. Bob Brodie, Agent for Applicant: Explained the reason behind the Small World building going up for sale and the rezone request. Supports the rezone of the entire block, but wished to remind the Commission that there was a small sense of urgency to the request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 03-002 Request for a review of the existing ground lease, in accordance with K113C 18.40.020, for a shooting range use located on Tract A — Rifle Range Survey, a portion of USS 2539, Lot 9, in order to allow change and expansion of the lease. STAFF indicated this case was referred to the Commission from the K1B Assembly. Staff explained that this request was intended to expand an existing lease to the Kodiak Island Sportman's Association (KISA) and to make the range facility available to a Navy Seal detachment for training purposes. The significant difference in the initial proposal was that the range would be turned 180 degrees. Staff felt the proposal was somewhat conceptual, with quite a few unanswered questions. As well, the Womens Bay Comprehensive Plan is currently underway. Staff had initially proposed postponement to further review this case and get answers to the questions, but KISA, at the work session, had indicated they were more focused on a temporary 10 month lease extension. Therefore, at the Commission's request, Staff drafted a resolution and supplemental memorandum P & Z Minutes: January 15, 2003 Page 7 of 12 in support of a temporary disposal. Staff does not recommend any long-term disposal until further research on this issue can be conducted through a public planning process. COMMISSIONER FRIEND MOVED TO adopt Planning and Zoning Commission Resolution No. 03-001, recommending to the Borough Assembly that it grant a temporary 10 month disposal of an additional 1,300 plus acres of land in the Salonie Creek drainage by a negotiated lease with the Kodiak Island Sportsman's Association and to also move to remove this request from the Planning and Zoning Commission regular Commission meeting agenda to allow the applicant time to provide the required information stated in Resolution 03- 001. The motion was SECONDED by COMMISSIONER McMURRY. Regular session closed. Public hearing opened: Kevin Foster, Kodiak resident: Does not agree with the request. Reasons being that the proposed area takes in part of Kashevaroff Mountain, which has no need for KISA or the range expansion. Also, doesn't believe that the intent of having a public range was to turn it into a military range. It should remain for public use. Feels there is a lot of federal land the Seals could use. Also feels that KISA has not upheld their part of the original lease agreement and thinks that should be reviewed. Examples are: There hasn't been a consistent range use fee, it has varied greatly; There haven't been any improvements made to the range to justify the fees; Never sees the caretaker at the gate although they have a caretaker's home that is rented for a nominal fee. Casey Janz, Womens Bay Resident: Wanted to clarify the motion. Adamantly opposes the motion. Feels that the Salonie Creek area is very crucial to the Womens Bay Comp plan. Feels that the noise would be a concern. Also is concerned that property values would be reduced by the granting of this request. Jack Doyle, Womens Bay Resident: Encourages the Commission to postpone or entirely remove this case from the agenda. Feels that Staffs concerns about the recreation aspect of the range are valid and that the expansion of the range and lease to the Seals would lead to further restrictions on the public's use of the range. Stated that he does support the Navy Seals, but feels that nighttime shooting and other proposed activities are not suitable for this area. Also would like to see the area considered for other uses in the Womens Bay Comp plan process. Thinks the Salonie Creek might provide a future gravel extraction site and doesn't want it tied up with other uses. P & Z Minutes: January 15, 2003 Page 8 of 12 Dave Kine. KISA President: Thanked Staff for the work done on the r supplemental memorandum and stated that they approve of it. Stated that with {l this request the range would remain as it is now. The Navy Seals would be the only ones using the additional area. The Seals use over 20 months would amount to between ten and twenty days, approximately 5 hours per night. That is the only time the area would be used and heavier gates would be installed to be closed while the Seals are there, for safety reasons. Clarified KISA fees and what the money is used for. Norma Holt, KISA Secretary: Attempted to respond to comments from previous speakers. Provided past and present fees and membership requirements. Also outlined improvements that have been made to the range and the status of the caretakers trailer. Pointed out that law enforcement and military use of the range was outlined and stated as a benefit in the 1991 Environmental Assessment. The proposed lease was temporary to determine whether or not the Seals were good neighbors and whether or not KISA could meet all the requirements. Also stated that KISA would like to be involved in the Womens Bay Comprehensive Plan. They have some long-term goals such as ski trails and biathlon competitions, and the long-term extension would allow them time to prepare the presentation of these ideas. They would definitely like to see the 10 month lease granted at this time. Per Commissioner's questions, Ms. Holt outlined the types of members (age and occupation) KISA has and the approximate number of members at that time. Commissioner Williams questioned the distance from the closest house and Ms. Holt responded that she thought it was about 3 miles. Al Shelton, KISA Board of Directors: Spoke in support of the request. Feels it would all be good for the community. Shan Doyle, Womens Bay Resident: Spoke against the request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion FAILED three yays to three nays by roll call vote. The nays were Commissioner Boehland, Commissioner Carver, and Commissioner Ketscher. 10 Minute Recess COMMISSIONER CARVER MOVED TO extend the meeting past I1:00pm. The motion was SECONDED by COMMISSIONER BOEHLAND. P & Z Minutes: January 15, 2003 Page 9 of 12 I IX. L. The question was called and the motion CARRIED by unanimous voice vote. COMMISSIONER KETSCHER MOVED TO RECOMMEND that the Borough Assembly not grant a temporary ten month disposal of an additional 1300 plus acres of land in the Salome Creek Drainage by a negotiated lease with the Kodiak Island Sportsman's Association. COMMISSIONER BOEHLAND SECONDED the motion. STAFF explained that any new motion should have findings of fact to support the failure of the first motion. COMMISSIONER KETSCHER attempted to withdraw his motion, with COMMISSIONER BOEHLAND attempting to withdraw her second. Staff informed the Commission that once a motion is seconded, it cannot be withdrawn, but must be voted on. The question was called and the motion FAILED by a unanimous roll call vote. COMMISSIONER FRIEND MOVED TO defer a new resolution to the February regular meeting of the Planning and Zoning Commission. COMMISSIONER KETSCHER SECONDED the motion. The question was called and CARRIED, five yays to one nay. Commissioner McMuny was the only nay. OLD BUSINESS A) Review of Planning & Zoning Commission by-laws. Staff recommended the Commission removed this case from the regular meeting agenda and work on it at a work session. COMMISSIONER KETSCHER MOVED TO take the review of the Planning and Zoning Commission bylaws off the regular Commission meeting agenda and schedule this issue for a public work session on Apri12, 2003. COMMISSIONER FRIEND SECONDED the motion. The question was called and the motion CARRIED by unanimous roll call vote. NEW BUSINESS There was no new business. P & Z Minutes: January 15,2003 Page 10 of 12 F XI. COMMUNICATIONS A) Letter dated December 10, 2002 from Mr. Martin Lydick to Mr. & Mrs. James Carmichael regarding Monashka Bay Subdivision, Block 1, Lot 4. B) Letter dated December 10, 2002 from Mr. Martin Lydick to Mr. & Mrs. John Lucas regarding USS 4935, Lot 1 and 2. There were no further communications. COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of items A and B of Communications. The motion was SECONDED by COMMISSIONER FRIEND, and CARRIED by unanimous voice vote. XII. REPORTS STAFF reported the following meeting schedule: • February 12, 2003 work session at 7:30 p.m. in the KIB Conference room. • February 19, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers. • February 26, 2003 public work session at 7:30pm in a room to be announced. There were no further reports. COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. XIIL AUDIENCE COMMENTS Jack Doyle, Womens Bay Resident: Commented on the results of Case 03-002. AY1W4[1) U IMRIT00 D1T7.1CK11 a I— VWMI COMMISSIONER MCMURRY: No Comment. COMMISSIONER CARVER: Reported on the earthquake that happened that afternoon and reminded everyone that there are some community safety concerns regarding earthquakes that should be attended to. COMMISSIONER FRIEND: Said it's been an interesting first month. COMMISSIONER KETSCHER: Commented on Case 03-001. Also commented on Case 03-002. Thanked everyone for their participation P & Z Minutes: January 15, 2003 Page 11 of 12 L COMMISSIONER BOEHLAND: Thanked Staff for their support and Steve for filming the meeting. She was pleased to see the public participation. COMMISSIONER WILLIAMS: Thanked everyone who attended that evening. Thanked fellow Commissioners for electing her chair. XV. ADJOURNMENT CHAIR WILLIAMS ADJOURNED the regular meeting at 11:10 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By_,lr��� Barbara Williams, Chair ATTEST '' ll � By: �^ �✓1 e - GtJ Erin Whipple, Secretary Community Development Department DATE APPROVED: February 19, 2003. P & Z Minutes: January 15, 2003 Page 12 of 12