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2009-12-16 Regular Meeting Kodiak Island Borough FEB FEB 1 2010 Planning & Zoning Commissio L Minutes B"OUGH CIERKIS o, L—� FACE v December 16, 2009 Assembly Cham e CALL TO ORDER CHAIR KING called to order the December 16, 2009 regular meeting of the Planning and Zoning Commission at 7:34 p.m. ROLL CALL Commissioners present were Brent Watkins, Casey Janz, Dave King, Bill Kersch, Alan Torres, and Lori Ryser. A quorum was established. Staff present was Bud Cassidy, Community Development Department Director and Sheila Smith, Community Development Department Secretary. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER WATKINS requested changing the order of Old Business items B and C, reversing the order. COMMISSIONER WATKINS MOVED to approve the December 16, 2009 Planning & Zoning agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER RYSER MOVED to approve the November 18, 2009 Planning & Zoning Regular Meeting Minutes. VOICE VOTE ONMOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 10-007. Request an investigation, according to KIBC 17.205, of a rezone fimm RR1- Rural Residential One to B-Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. The location is 4210 Otmeloi Way, and the zoning is RR1- Rural Residential One Cassidy gave a brief staff report stating the commission seen this request in March 2008 when it was voted down. Cassidy recommended the commission use the Comp Plan to guide their decision. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 4, Block 5, Miller Point Subdivision fr-om RR1-Rural Residential One W B- Business December 16, 2 0 09 P&Z Minutes Pagel of9 The public hearing was opened & closed: Public testimony given in support of the request was Amy Tubb and Kevin Arndt. Testimony given opposing the request was Pete Thompson, Barbara Rabold, and Opal Oliver. During discussion there was consensus to follow the Comp Plan and not mix Business and Residential zoning, and public sentiment. ROLL CALL VOTE ON MOTION FAILED 5-1. The noes were WATKINS, JANZ, KERSCH, TORRES, and RYSER. The aye was KING. COMMISSIONER TORRES MOVED to adopt the Findings of Fact in the staff report dated December 16, 2009 in support of the denial of Case No. 10-007. Discussion FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205,020 A. Findines as to the Need and justification for a Change or Amendment. No justification for the rezone has been offered, nor has any need for the rezone been shown. 17,205,020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be inconsistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone to B - Business Zoning District would add to an existing under-utilized inventory of Business zoned lands. 17,205.020 C. Recommendations as to the approval or disapproval of the change or amendment. By majority vote, the Kodiak Island Borough Planning & Zoning Commission recommends disapproval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were WATKINS, JANZ, KERSCH, TORRES, and RYSER. The noe was KING. B) Case 10-008. Request an investigation, according to KIBC 17.205, of a rezone from RB- Retail Business t_Q 113-Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. The applicant is Lester Leroy Russell. The location is 2522 & 2620 Selief Lane, and the zoning is RB-Retail Business. Cassidy stated you granted a Similar Use Determination in 2008 that would have allowed multi- family housing to be developed on that site. In the RB zoning the multi-family takes place not on the ground floor but on the 2nd floor and above. The ground floor is reserved for retail use. That project didn't come to fruition. Staff recommends approval of this rezone. Should you approve there is an ongoing subdivision for this property. Public comments received were 4 opposing and 1 in favor of the rezone. COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A and a portion of Lot 7, Industrial Park Subdivision as granted preliminary approval in related Case S10-004, fmm RB-Retail Business W 113-Multi-family Residential, subject to an effective clause requiring the recordation of a new plat based upon the preliminary approval in related Case S10-004. The public hearing was opened & closed: Testimony given in support of the request was Dick Rohrer and Sam Rohrer. Testimony opposing the request was Dennis Symmons, Gary (Turk) Martin, and Kathleen Ballenger (called in). December 16,2009 P&Z Minutes Page 2 of 9 Smith read Rogers comment into the record (directed by Rogers). During discussion, there was consensus to follow the Comp Plan and not mix Business and residential zoning. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER TORRES MOVED to postpone the Findings of Fact until January 20 Planning & Zoning meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 10-009. Request a review of recommended policies, developed by the KIB Parks & Recreation Committee, to address recreational shooting on borough land, including (but not limited to) appropriate signage, cleanup of non-recommended locations, and an informational brochure to be developed in conjunction with the Kodiak Island Sportsmen's Association. The applicant is the Parks & Recreation Committee. Cassidy stated people have taken fire from people shooting irresponsibly and this is a public safety issue. Staff recommends the Commission approve and forward them on to the Assembly. COMMISSIONER JANZ MOVED to recommend to the Borough Assembly that policies for shooting be adopted in a manner similar to other recreational rules. The public hearing was opened & closed: Given testimony in support of this request was Mike Sirofchuck, Parks & Recreation Committee Chair. Testimony given in opposition was Tom Schwantes. During discussion it was the consensus that the irresponsible behavior be addressed before someone is hurt or killed, and the public access issue should be addressed with KISA. CHAIR KING stated the NRA has education programs that range from pre-school through retired people concerning guns and safety. The NRA is willing to come at no cost to the borough to implement these programs. He has the programs for people to look at that includes CD's, coloring books, work books, etc. SUGGESTED ACTION 1. Current unauthorized target practice sites be cleaned up and signs posted; 2. At White Sands Beach a sign also be posted stating Shooting not Recommended Here; 3. KISA and the Committee work together on an informational brochure identifying the location where shooting can legally occur such as at the KISA range in Salonie Creek; 4. Develop an education process that allows citizens to file a citizen's complaint when they notice illegal shooting along the road system. This effort encourages folks not to confront the shooters, but simply write down license plate numbers and report the incident to the state troopers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 10-001. Request a review and recommendation of the 2010 - 2014 Capital Improvement Projects. The applicant is the Planning & Zoning Commission. Cassidy gave background information on the FY 10 - FY14 CIP list and recommends it be postponed indefinitely. He suggests they discuss how best to proceed with a FY 2011 to FY 2015 CIP process at the January work session so we can do an advertising campaign to really get the word out. COMMISSIONER TORRES MOVED to postpone indefinitely the Kodiak Island Borough's five (5) year 2010-2014 Capital Improvement Program (CIP). The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY December 16,2009 P&Z Minutes Page 3 of 9 OLD BUSINESS A) Case S10-001. Request reconsideration, per KIBC 16.90.010.A, of Case S10-001. An approval by the Commission of a preliminary plat according to KIBC 16.40, subdividing Native Allotment AA7118, Parcel A, Lot 3, T20S R21W, Sections 26 & 35, Seward Meridian and creating Lots 1 - 6, Laurel Louise Earl Subdivision. The applicants are Martha Randolph, Lila Schwantes, and Myrtle Olsen. The location is Larsen Island, Lot 3, and the zoning is C- Conservation. COMMISSIONER WATKINS MOVED to grant a request to reconsider a previously approved motion made in Case S10-001, a preliminary approval, according to KIBC 16.40, of the subdivision of Native Allotment AA7118, Parcel A, Lot 3, T20S R21W, Sections 26 & 35, Seward Meridian creating Lots 1 - 6, Laurel Louise Earl Subdivision. CHAIR KING announced that testimony should be limited to the 3 criteria: 1. There was a clerical error in the decision; 2. The decision resulted from fraud or mistake; or 3. There is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing. Petitioner testimony was given in support of the reconsideration: On behalf of Martha Randolph (doesn't hear well) Vicki Kluever gave testimony; Lila Schwantes who was not feeling well requested her husband, Tom Schwantes speak on her behalf; Myrtle Olsen requested her daughter, Petrina Peterson speak on her behalf. Laurel Earl (called in) gave testimony opposing the reconsideration. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER TORRES MOVED to adopt the Findings of Fact as contained in the staff report dated November 11, 2009 in support of the commission's denial of the request to reconsider Case S10-001 with the conditions of approval: Subdivider must provide conclusive documentary evidence that the lot areas meet the zoning district minimum standard of five (5) acres and shall not include any land subject to tidal action below the mean high tide line [16.40.040 (B)]; and The subdivider must provide conclusive documentary evidence that the lot widths, as measured according to the procedure in Kodiak Island Borough Code 16.20.130(l), equal or exceed the zoning district minimum standard of two hundred fifty (250) feet. Committee discussion CONDITIONS OF APPROVAL 1. The subdivider must provide conclusive documentary evidence that the lot areas meet the zoning district minimum standard of five (5) acres and shall not include any land subject to tidal action below the mean high tide line (16.40.040 B); and 2. The subdivider must provide conclusive documentary evidence that the lot widths, as measured according to the procedure in Kodiak Island Borough Code 16.20.130 (1), equal or exceed the zoning district minimum standard of two hundred fifty (250) feet. FINDINGS OF FACT 1. There were no clerical error(s) in the original decision; 2. The previous decision did not result from fraud or mistake; or 3. There is no new evidence or a change in circumstances which by due diligence was discovered before the original hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY December 16,2009 P&Z Minutes Page 4 of 9 C) Adoption of appeal findings in support of the Planning & Zoning Commission reversal, in whole, of an Administrative Order to Cease and Desist an unlawful use in a RR1 - Rural Residential One Zoning District. The appellant challenged the declaration that he was conducting a commercial rock quarry operation on a parcel zoned for residential use in violation of KIBC 17.15.080 on Lot 13A, Block 1, Monashka Bay Subdivision. Cassidy stated the commission deferred findings of fact until the December meeting and in the packet is a revised list of findings based on discussion at the work session. COMMISSIONER JANZ said looking back at her notes #10 on the old findings was left out of the revised findings that should be condition #6 but we can read it into the findings. COMMISSIONER WATKINS MOVED to adopt the revised findings as "Findings of Fact" in support of the reversal by the KIB Planning & Zoning Commission, in whole, of an Administrative Order to Cease and Desist an unlawful use in a RR1 - Rural Residential One Zoning District. The appellant challenged the declaration that he was conducting a commercial rock quarry operation on a parcel zoned for residential use in violation of KIBC 17.15.080 on Lot 13A, Block 1, Monashka Bay Subdivision. Brief discussion FINDINGS OF FACT 1 The lot has been excavated to the profile specified in the permit. 2. It has not been shown that Mr. Brown dumped rock illegally on the road side or pushed it over the cliff. It was responsibly taken care of and used to enhance the neighborhood Mr. Brown lives in. 3. The neighbors have a right to their homes just as much as Mr. Brown. The disposition of the remaining rock pile on the site has been raised as an issue. Mr. Brown should address this situation in the upcoming construction season of 2010. 4. A building permit and zoning compliance needs to be obtained prior to foundation forming and pouring. S. The borough claims that Mr. Brown is conducting a commercial rock quarry operation on his E parcel zoned residential, yet provides no factual evidence of this. He does profess that he is, f instead, involved in the incidental removal of rock in preparation for home construction on Lot 13A, Block 1, Monashka Bay Subdivision. 6. The Monashka Bay Comprehensive Plan (KIBS284857; adopted April 1985), though more than 20 years old, gave clear direction to guide the long -term development of the area. "Goals and objectives are the expression of the desires of a community. They serve as the basis for decision - making and the formulation of a land use plan. A. Land Use Goal: To work towards eliminating existing conflicts in the land use patterns within the Monashka Bay area and to plan for low intensity development that preserves the land use integrity of the residential areas and concentrates commercial and industrial development in strategic locations. Objective (4) Discourage residential development that requires significant amounts of extraction and fill. Objective (5) Promote development that is consistent with the contours of the land. Objective (6) Promote zoning regulations as a method of implementing these land use goals and objectives, and promote active zoning enforcement." ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY COMMISSIONER WATKINS MOVED to take a 5 minutes recess. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY December 16, 2009 P &Z Minutes Page 5 of 9 I CHAIR KING reconvened the meeting at 10:02 p.m. B) Case 10 -006. Request Reconsideration of the vote on an appeal, in accordance with KIBC 17.220.010B, to overturn an Administrative Order declaring that the homeowner is exceeding the standards of a home occupation in accordance with KIBC 17.25.090 A -F and to discontinue an unlawful use (vehicle repair); And the homeowner has established and is maintaining a junkyard that exceed the standards of KIBC 17.25.110. Lot is located in the RR1- Rural Residential One zoning district. Lot 4A, Block 4, Bells Flats Subdivision. The applicant is the Planning & Zoning Commission. The location is 10742 Chiniak Drive, and the zoning is RR1 -Rural Residential One. Cassidy stated the commissioners on the prevailing side of the decision to overturn an { administrative decision have petitioned for Reconsideration of the original motion. COMMISSIONER TORRES MOVED to reconsider the action taken on Case 10 -006. Commission discussion ROLL CALL VOTE ON THE MOTION TO RECONSIDER FAILED 3 -2. The noe votes were: Brent Watkins, Alan Torres, and Lori Ryser. The aye votes were Dave King and Bill Kersch. COMMISSIONER TORRES MOVED to adopt findings contained in the memorandum dated December 14, 2009 as "Findings of Fact" in support of the reversal, in whole, of an Administrative Order declaring that the homeowner is exceeding the standards of a home occupation in k accordance with KIBC 17.25.090 A -F and to discontinue an unlawful use (vehicle repair); And the homeowner has established and is maintaining a junkyard that exceed the standards of KIBC 17.25.110.B. c Committee discussion about changing some of the findings. FINDINGS OF FACT HOME OCCUPATION 1. The borough failed to show that Graves were running a home business; no fees were charged no business [conducted]. 2. There is no substantial evidence of an auto repair shop in progress. Mr. Graves does not have a valid business license and is not registered with the state as a licensed auto mechanic. He has a full time regular place of employment. I would consider Mr. Graves activities in his garage are hobby based and does not constitute a home occupation. 3. There is no code that states a maximum number of vehicles that can be parked on a person's property at one time. Given the state of some vehicle that I've seen on the roads of Kodiak, I would not consider the current vehicles he has parked on his property as junk. The bus that is parked is not in any violation JUNKYARD 1. Considering the rural setting, the graves lot does not meet the definition of a Junk Yard. 2. Upon receipt of notice the Graves continued to comply with the wishes of the Borough even though they did not agree with the Boroughs findings about a junk yard. 3. The code they are "charged "with is an unrealistic burden on the property owners of the area outside the city limits. 100 sq ft of product that may or may not be junk is too open to personal /emotional interpretation. It does not provide for an even enforcement policy. The "standard" is not quantifiable in a way that a commissioner can reasonably judge. It is more of a "what is art" call. 4. At the time the initial pictures were taken, Mr. Graves had just purchased the home six weeks before that. Other pictures represented that he was in the process of cleaning up the yard as there was a trailer with what one may consider to be junk. As I did my inspection of the December 16, 2009 P &Z Minutes Page 6 of 9 i i r property, I didn't not see any substantial evidence that Mr. Graves was establishing a junk yard. It appears in the pictures that tires have been utilized to line their lawn as part of decor, not to establish a junk yard. BLUE BUS 1. As all the other issues of 'junk" and home business have been dealt with the recurring comment I is about the parking of the Blue Bus. It seems to be the proverbial "straw that broke the back ". It is a legally parked vehicle - period. Is it a great view? -no, but it is legal none the less. 2. The blue bus is a nonissue, because it is legally parked vehicle. During discussion certain deletions were to be made to the findings but due to no amended motion being made original findings were adopted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY NEW BUSINESS I There was no new business. COMMUNICATIONS { A) Letter of concern by landowner about the use of business zone land for an industrial use on Near Island. B) Request for a Zoning Certificate to clarify the zoning of a parcel. C) Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. D) Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. E) Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. F) Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. G) Notice of Violation - Conversion of a four plex into a five - plex without a Zoning Compliance i Permit or building permit. I H) Letter of Courtesy & Advisory - operating a B &B without operator residing on premises. I) Letter of Courtesy & Advisory rescinding previous letter citing that the storage of fishing gear was occurring without the presence of an owner occupied dwelling. 's J) Letter of Courtesy & Advisory that property is being used as a food service concession in violation of the R -2 zoning district. K) Letter of Courtesy - Conversion of a business - use without a zoning compliance permit. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: January 13, 2010 P &Z work session and January 20, 2010 P &Z regular meeting B) Minutes of Other Meetings October 27, 2009, November 10, 2009, and November 24, 2009 Parks & Recreation Committee Meeting Minutes COMMISSIONER WATKINS MOVED to accept reports as presented. December 16, 2009 P &Z Minutes Page 7 of 9 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Vicki Kluever stated the issue of reconsideration was postponed at the November meeting based on staff recommendation and that recommendation was about more information. No new information e has come forward yet that issue was not discussed. How can you approve something with so many mistakes knowing you have to come back to look at it again. The code for final approval says "a final plat differing substantially from the approved preliminary plat shall require submittal to the commission for public hearing and approval" so you just created a lot more work for yourself and everyone involved. In her opinion that's not good use of taxpayer dollars. She has to challenge what has happened here is in the best interest of the community. She has to challenge that there are errors in the originating document that were not corrected, they were passed on. She challenges errors in the staff report and those errors were made part of the complaint letter that you have in your packet as a communication. She has to challenge you as commissioners to look at issues and look at both sides. She realized the commission relies heavily on staff reports but you have months of testimony differing substantially from what you have in front of you, and it appears that wasn't given a whole lot of credence. We have a plat approved with conditions and whose responsibility is it to make sure those conditions is met; it's staff. Kluever feels the department is not doing its job. E As commissioners you have to rely on staff but she believes you also have to rely on your own knowledge of the code, and she doesn't believe that's been done. Martha Randolph agreed with Kluever. Randolph stated nothing has been more frustrating than to gather information to bring forward and then to have it totally disregarded or not even heard. We have done part of Community Development Department staffs work. She told Cassidy that staff is not doing its job. Your staff is presenting information to the commissioners and they are expected to act on information that is provided to them, and it really hasn't happened. This is a nightmare that is not going to be over with for a long time because of your conditions of approval. Laurel Earl will not be able to have 6 lots so how can you approve her subdivision. It should have gone back to square one to start over. By the time all the necessary details are completed some of you probably E � won't be on the commission so we will be dealing with a whole new ballgame. She expressed that f the Community Development Department needs to do a much better job. COMMISSIONER'S COMMENTS Brent Watkins stated he understands their concerns about the S10 -001 preliminary plat and the final plat and it may seem like we're making a lot of work to come back to review a second plat if it's needed, but the preliminary plat gives us our first working idea of what a subdivider wants to do and it lets us bring your concerns into it. Without that preliminary plat process we wouldn't have the mean high water issue or the lot width issue or any other concerns the neighbors have for the different subdivisions. If the person who initiates a subdivision doesn't have their act together it's going to cost them more money and extra time to come back to do it again to make sure that it meets the codes and satisfies all the requirements that have been set. Watkins feels staff would disagree that we take staffs views on things without issue or content; we often find ourselves on the other side of staff. He thanked everyone for sticking with this. Alan Torres agreed with Watkins and he thinks if the reconsideration was passed starting over from square one would be a lot more work for this body and staff than meeting conditions of approval on a preliminary plat even though it may come back to us. Torres stated they don't always agree with staff but he values their input. He also said regarding the Wandersee rezone case that someone talked about a salvage yard across the street from the subject property and he is not aware of any salvage yard there. Torres also stated the commissioners were provided new copies of the code at the work session but he doesn't remember any code changes coming through this body. It seems like if there were code changes to Title 16 and 17 that they would come through the P &Z before going to the Assembly. December 16, 2009 P &Z Minutes Page 8 of 9 Casey Janz said in relation to this reconsideration and preliminary plat, she does believe it is part of the process; it's not a perfect process but it is the process and codes we have to work with. Starting over would mean a lot more work. It's important to know there is a process built in even though it can be frustrating. Cassidy stated Brown needs 2 permits; a Zoning Compliance Permit from Community Development and a Grading Permit from the Building Officials. If he's going to build he gets a Zoning Compliance from us and a Building Permit. Janz expressed concerns within the permitting that Brown is allowed to continue indefinitely as it is written because as long as he continues and doesn't stop working for 6 months he can go on forever. It concerns her that we have created this problem. There is no check or balance there. When it affects your neighbors year after year the neighbors have no rights it kind of leads to the enforcement policy that is complaint based that pits neighbor against neighbor and it's de- humanizing. If codes and attorney opinions based upon the code are disregarded and it goes on opinion she would wonder how that is enforceable. Janz also heard Bob Brodie on the radio talking about the P &Z meetings, how homeowners ask for variances, subdivisions and such. He was saying ! to be involved and pro- active because all of this affects your property values. Janz also thanked the Parks & Recreation Committee for their work. Cassidy stated our Zoning Compliance is good for 6 months unless you are doing substantial work. The Building Officials are the eyes and ears of folks because they are the field people. Dave King said he can't believe no one brought this up tonight and he wished everyone a Merry I Christmas and a Happy New Year! ADJOURNMENT COMMISSIONER JANZ MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR KING adjourned the meeting at 10:50 pm. KODIAK ISLAND BOROUGH PLANNING & nN C MMISSION B y / P Dave King, Chair ATTEST By: OC'51noA On � Sheila Smith, Secretary APPROVED: January 20, 2010 December 16, 2009 P &Z Minutes Page 9 of 9 J