Loading...
2005-11-16 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING cOMMISS REGULAR MEETING NOVEMBER 16, 200 MINUTES -;:;- IE <<: IE ~ \VI lE ~ I to! DEe 2 8 2005 BOROUGH CLERK'S OFFICE I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on November 16, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Excused Absent Others Present X Mary Ogle, Director X Community Development Dept. X Sheila Smith, Secretary X Community Development Dept. Jerrol Friend - Chair David King Casey J anz Gary Carver Dennis McMurry Brent Watkins Vacant X X A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED 5-0. IV. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO ACCEPT the October 19th P&Z minutes as submitted. The motion was SECONDED by COMMISSIONER KING, and CARRIED 5-0. V. AUDIENCE COMMENTS AND APPEARNACE REQUESTS J ames Van Atta asked the Commission if and when there would be a site visit by the Commission. His concern stemmed from the case being postponed in 2003 because there hadn't been a site visit. Van Atta also inquired about the Draft Amendment of Transient Accommodations and the definitions. He would like to have the option to serve his clients a lunch instead of breakfast. John Miller came to give an update on the Chiniak Comp Plan Steering Committee. He expects that the Borough has received their information along with the community input and he hopes this information will be considered for the new plan. The Chiniak Steering Committee is also contemplating participating in the Village Rural Forum since Chiniak is a village. Miller also stated as an individual landowner he supports Jim Van Atta's request. Joanne Brody spoke in support of the Chiniak Comp Plan Steering Committee. P & Z Meeting Minutes: November 16,2005 Page 1 of7 l VI. PUBLIC HEARINGS A. Case 06-001. A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision 2nd Addition Lot 1 C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G - Screening. Zoned I - Industrial. Ogle stated 47 public hearing notices were distributed on October 11, 2005. This request was brought forward by the applicant in anticipation of a proposed use of the property as a milling site for raw lumber products. As part of the requirements for the ordinance, he is required to do a screening plan review before the Planning & Zoning Commission as well as to indicate conformance with the performance standards. Staff recommends working with the applicant if he were here tonight to address how he will meet certain performance standards being noise, odor, dust, smoke, and screening. He has indicated he would put an 8 foot tall wooden fence on the property line outside the right of way, but he hasn't indicated how he will address the noise, dust, odor, or smoke concerns. The options are trying to anticipate some issues that would arise from the neighbors and place those conditions on this review or you could elect to continue this for a month and wait until the applicant is present to have an open discussion with him. A brief discussion on the issues. COMMISSIONER JANZ MOVED TO APPROVE the applicant's screening and development plan relative to the installation of a portable sawmill to be located on Lot lC Lakeside Subdivision 2nd Addition, subject to the specific performance standards of KIBC 17.24, further clarified below as Findings for Case No. 06-001 COMMISSIONER KING SECONDED the motion. FINDINGS Relative KIBC 17.24.060 Performance Standards [A] The specific criteria related to 17.24.060 A - Noise shall be adhered to. [8] The specific criteria related to 17.24.060 8 - Lighting shall be adhered to. [C] The specific criteria related to 17.24.060 C - Fire & Safety Hazards shall be adhered to. [D] The specific criteria related to 17.24.060 D - Odor shall be adhered to. [E] The specific criteria related to 17.24.060 E - Dust & Smoke shall be adhered to. [F] The specific criteria related to 17.24.060 F - Open Storage shall be adhered to. [G] The specific criteria related to 17.24.060 G - Screening, as approved by this Commission, shall be adhered to. Regular session closed: Public hearing open: Public hearing closed: Regular session open: After a brief discussion, it was the consensus of the commission there are too many unanswered questions and they would like more information. P & Z Meeting Minutes: November 16, 2005 Page 2 of7 Ogle stated that Condition B, C, and F can be handled through the Zoning Compliance application review being lighting, fire, safety hazards, and open storage. COMMISSIONER CARVER MOTIONED TO POSTPONE this case until the December 21 regular meeting. COMMISSIONER KING SECONDED the motion. The commission requested the applicant address directly the performance standards and provide more information on his request. The question was called, and it CARRIED 5-0. VII. OLD BUSINESS A. Case S02-009. Request to extend the compliance deadline in Condition of Approval #2 from November 18, 2005 to January 20,2006. Ogle stated she believes the commission is aware of this subdivision and this condition. It came before the commission several months ago for a three month extension in order for the property owner to complete the conversion of the barn structure under single family residence. Because of personal reasons he wasn't able to meet the condition and requests another extension until January 20,2006 COMMISSIONER CARVER MOVED TO APPROVE the amendment of preliminary plat approval for Case S02-009, to extend the compliance date set forth in Condition of Approval #2 until January 20, 2005. COMMISSIONER KING SECONDED motion, and it CARRIED 5-0. CONDITION OF APPROVAL (as amended) 2. Within twenty-nine (38 months including three extensions) months (by January 20,2006), applicable inspection reports and/or certificate of occupancy required by the Building Department must be issued for conversion of the barn on proposed Lot 3 to a single-family residence, or it must be otherwise brought into compliance with Title 17 Zoning. Absent this, zoning enforcement action will be initiated. B. Draft Amendment ofP&Z Commission By-Laws Ogle stated at a work session previously the P&Z Commission voiced concerns about the process of getting staff reports out to the applicants as well as the commission members, and how it relates to the packet review session and the formal meeting. She drafted some changes, with the first being in Article 10 Section A where the notice for the public hearing would run fourteen days before the public hearing, and the general circulation of the newspaper. The public will be able to see the legal ad two weeks in advance before the hearing. The second change is in Article 11 Reports and Minutes. The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing, which would be the Friday before the packet review. The packets would be available to the applicant and the Commission that Friday and have up until Wednesday to review the materials before the packet review. P & Z Meeting Minutes: November 16, 2005 Page 3 of7 COMMISSIONER FRIEND stated the only thing he notices is in Article 7 - A -2. Will it be a problem coming on the first working day for the prior month, since we shortened you up? Ogle stated she has reviewed this with staff and the only adjustment would be to move up a week sending out the agency review letters. COMMISSIONER FRIEND stated COMMISSIONER McMURRY is a big pusher in this issue, and he feels this should be postponed to allow COMMISSIONER McMURRY time to look at this. C. Draft Amendment of Transient Accommodations. Ogle stated this is the first time this is coming before a formal meeting. The primary reason for bringing this forward is because a woman wanted to open a B&B in her quad plex. She was told she couldn't do it because it didn't meet the existing definition of a B&B. The existing definition states you have live within the same premises and the word premises has no definition. There are also a few B&B, lodge, and vacation home situations that are out of compliance. We wanted to take this opportunity to open this discussion up to look at the different possible uses that would meet the transient accommodation criteria. Ogle has provided all possible definitions and portions of the code that deal with these types of uses to evaluate. You may want to leave them as is, delete them, or further edit them. For public information, what she is talking about are B&B' s, hotels, boarding houses, lodges, motels, recreational cabins, and vacation homes are primarily what they consider transient accommodations. Staff has worked up a few edits; the first being the definition of Bed & Breakfast - instead of renting out up to a maximum of two rooms, it has been upped to five rooms within the unit. The second edit being Bed & Breakfast's must provide two additional parking spaces beyond the normal requirements for a single family dwelling unit. A new definition has been created for "premises" which means a lot together with all buildings and structures therein. "Guest room" has been further refined to include B&B' s. It was omitted to clarify common sleeping arrangements, like some of the larger lodge settings where there is a large room with bunks establishing the interior density, each room is considered 100 square feet. Recreational cabin was also edited to include "this use is usually associated with remote areas." The new definition for vacation home is "a one family dwelling unit that is rented or leased in its entirety for periods not to exceed thirty days in length." Ifit's rented for more than thirty days, then it is just a single family dwelling that is rented out. Ogle has included some definitions out of Title 3 which deals with the finance. There was talk at the staff level to address a Borough government concern of residents and business people not coming forward to pay their bed tax, so a proposal is that in order to have a legal B&B, hotel, motel, lodge, etc. you have to come to get a zoning compliance certificate from the Community Development Department. In order to get a zoning compliance certificate besides meeting the standards in zoning ordinance you have to verify proof of applying for your transient accommodation tax or proof of exemption from that tax that is issued by the Finance Department. The last of the code change is to look at where these various uses are permitted. The proposal for B&B's is to have it permitted in the Conservation District. The P & Z Meeting Minutes: November 16, 2005J Page 4 of7 only other change is the vacation home they are proposing to permit in any zone that permits residential use. COMMISSIONER FRIEND stated there is still some work to do on this. He would like to see a copy of the letter sent to the hotels and motels, B&B' s, lodges, realtors, and the Visitors Bureau. Friend would also like to have another work session on these issues. Bring it up for discussion at the December meeting, and then set up a work session. VIII. NEW BUSINESS A. Comprehensive Plan Steering Committee Appointments. Ogle stated that because this is a large project and she has received a dozen requests to be on the Steering Committee, she feels it would be appropriate to follow Chapter 2.39 to establish a formal Steering Committee. It is similar to the creation of the Gravel Task Force, make recommendations, people will apply, and then the decision is made at the Assembly level of who will be on the Steering Committee. B. KMXT radio coverage recommendations. Ogle stated this topic has come up before from a Kodiak resident. If the Commission feels strongly about this they would direct her to write a formal letter to KMXT requesting that these meeting be put on the air. It was suggested that the meetings be web cast on the Borough website, but after discussion they came to the conclusion that the Borough is not prepared to be webcasting the meetings, along with the rest of the community. It is more feasible to broadcast meetings on public radio. C. Recommendation of support for Alaska Trails Grant. Ogle explained that the Community Development staff is also the support staff for the Parks & Recreation Committee. The committee is working with the Fort Abercrombie Parks Office to apply for a grant that is due December 1 st through DNR Parks & Recreation Division for an Alaska Trails Grant to do upgrades on the Piedmont Point Trail. They are proposing a training element where they have a contract with the Rivers, Trials and Conservation group for professional assistance. They will come and train ten people on how to train other people on how to do maintenance work on the trail. We would then have a group of volunteers that would be professionally trained in trail maintenance for all future trail projects, which will save time and money. With your direction she would write a letter of support for this grant. CHAIR FRIEND directed Ogle to write the support letter. IX. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT the Communications. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5-0. X. REPORTS P & Z Meeting Minutes: November 16, 2005 Page 5 of7 l Ogle reported the Parks & Recreation Committee is currently working on proposed changes to the Borough's subdivision control ordinance to create a scenario when new subdivisions come in, the developer would be required to put in either a pocket park, open space, and/or sidewalk or a trail connection. Based on recent subdivisions, there has been a community desire for a park within a subdivision or open space for wetlands or trail connections or sidewalks, but there isn't anything in the ordinance to require it. Last year the Assembly's strategic plan was to look at the creation of pocket parks within subdivisions. The Parks & Recreation Committee is requesting to have a work session with the P&Z Commission at your December 14th packet review to discuss the general concepts. It could be left conceptual or highly quantitative. The Commission wishes to invite the Parks & Recreation Committee to their December 14th packet review. Ogle stated the postponement letters for the postponed cases were sent out. Van Atta will be going before the commission at their December regular meeting. Everyone else is still postponed. Ogle stated she has begun work on the ham radio antenna ordinance. Several months ago P&Z directed staffto write language within the code under the zoning ordinance to match how the state code reads. Her question to the commission is would you prefer just to cite the state code reference or would you prefer to have all the criteria within the ordinance itself. COMMISSIONER WATKINS inquired how hard it would be to cross reference it. Ogle said she would just reference the state code. Ogle stated the commission initiated the Bolton/Shryock cases be split into two cases. Mr. Shryock has elected not to pursue the R1 to R2 portion. Ogle stated that lastly we are moving along with our consultants with the update to the Coastal Management Plan. It is due to the State to be forwarded to the Federal Government at the beginning of March. Does the P&Z want to see a draft of that plan at your December meeting, comment on it, he can make changes, and then bring you the final in February? Or do you just want to see the final in February? CHAIR FRIEND asked if it would warrant a work session. Ogle stated yes, we could do a work session. It would be advertised because it is coming formally before the commission as a public hearing item. COMMISSIONER CARVER MOVED TO ACCEPT the reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5-0. XI. AUDIENCE COMMENTS J ames Van Atta owns a B&B and he pays the accommodation tax. He feels one parking space per room is a bit excessive. He said a lot of people come in one car with two couples. He feels one parking space per two rooms is adequate. Van Atta also stated he is please with the new Community Development Director. XII. COMMISSIONERS' COMMENTS P & Z Meeting Minutes: November 16, 2005 Page 6 of7 1- CHAIR FRIEND stated that he is very happy with the staff also. With him being the chair and being with the commission for so long, he does feel more a part of staff and Community Development than he ever has. VI. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION /' /.c;7 ~ By: '! /dJzlt~~ .J. _ I . Jerrol Fnend, Chair ATTEST {, , By: Olp&~ ~O-rn~ Sheila Smith, Secretary Community Development Department DATE APPROVED: December 21,2005 P & Z Meeting Minutes: November 16,2005 Page 7 of7 l