Loading...
2010-01-20 Regular Meeting KODIAK ISLAND BOROUGH PLANNING &ZONING COMMISSION MR REGULAR MEETING MINUTES January 20, 2010 A�i�tnb` Chfrbers CALL TO ORDER L j J CHAIR KING called to order the January 20, 2010 regular meeting of e Planning and 7oning Commission at 7:30 p.m. ROLL CALL Commissioners present were Brent Watkins, Casey Janz, Dave King, Bill Kersch, Alan Torres, and Lori Ryser. Community Development Department staff present was Bud Cassidy and Sheila Smith. A quorum was established. APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the January 20, 2010 Planning Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the December 16, 2009 Planning Zoning Regular Meeting Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Amy Tubb, Case 10 -007 agent, stated the objections against the rezone were for a heavy construction business. They want to start a rental business but not with heavy equipment. There's a significant amount of traffic from the coffee shops that cross that bike path. There's an open view from both sides on the property (inaudible) traffic pulling in or pedestrians, etc crossing the paths. Barbara Rabold, neighbor, spoke in opposition of Case 10 -007 stating she submitted a petition, and asked that tonight's vote be denied and you continue to support this property staying residential. She requests Thompson's concerns be addressed. Residents are frustrated because this keeps coming up and there's little support for the residents who want this kept residential, and we encourage you to support the developmental plan that does not call for developing this into commercial property. She feels the radius for notification should be more than 500 feet. Kevin Arndt, property owner, spoke in favor of Case 10 -007 stating it was said that there is one hundred sixty two pieces of vacant business /industrial property but none of this is for sale. He thought when they were taking rock off that lot that it would be commercial. It's across the street from Business property- Bayside Fire Department and it seems to fit. PUBLIC HEARINGS A) Case 10 -10. Request a variance, according to KIBC 17.195.020, to allow a new 22 by 26 foot garage with below grade storage to encroach 25 feet into the required 25 foot front yard setback and a variance to allow an existing nonconforming single family residence to be expanded by two additional stories where the structure encroaches 16 January 20, 2010 P &Z Minutes Page 1 of 7 feet into the required 25 foot front yard setback, located in the 112- Two family Residential zoning district (KIBC 17.80.040.A); and, A variance to allow the garage to encroach 10 feet into the required 40 from centerline and the single family residence to encroach 1 foot into the 30 foot additional setback required of all properties along Mission Road (KIBC 17.155). The applicant is Jay Johnston. The location is 1110 Mission Road and the zoning is 112 -Two Family. Cassidy stated staff recommends postponement due to the applicant isn't ready to move forward on the case and he requested postponement until he's able to provide the needed information. COMMISSIONER WATKINS directed staff to provide the commission with the additional information that references the new building height to the old building height. Right now there's a single story on a finished basement kind of setup. Are we shifting the height of the building overall or are we starting the first floor higher, stepping the building up. What's the benchmark of that building compared to the one that's on site now. In response to COMMISSIONER TORRES' inquiry if the motion should include a time certain because it seems like an open postponement, Cassidy said the deadline is the first day of the month for the next month's cases so we were hoping to have information from him by January 1St for the February meeting, and the next deadline is February 1St for the March meeting. Smith stated it does need a date certain. If it's postponed indefinitely then it's killed and he will have to reapply. COMMISSIONER RYSER MOVED to postpone action on Case 10 -010 until the petitioner provides new or additional information to supplement the original application after which time the case will be rescheduled on the next available Planning Zoning Commission agenda. The public hearing was opened and closed: There was no public testimony. COMMISSIONER TORRES MOVED to make an amendment to the motion to postpone it until the March 17th meeting of 2010. COMMISSIONER WATKINS and CHAIR KING said they both occasionally gets materials from Jay Johnston but do not receive any discounts or anything. COMMISSIONER TORRES stated if he is providing the service and you aren't receiving a discount then what significant financial advantage do you have. CHAIR KING said it doesn't sound like there's a conflict. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY B) Case S10 -005. Request preliminary approval, according to KIBC 16.60, for the vacation of a 10 foot portion of a 20 foot wide utility easement located along the rear lot line of Lot 2B -1, Block 6, Miller Point Alaska Subdivision, First Addition. The applicant is Robert S. Currie. The location is 562 Lilly Drive and the zoning is 112 -Two Family Residential. Cassidy stated you're being asked to vacate the utility easement on the property and approve the replat. There weren't any objections from the utility companies, and staff recommends approval of both. January 20, 2010 P &Z Minutes Page 2 of 7 In response to COMMISSIONER TORRES' inquiry if Cassidy got the information regarding the sewer running behind there, Cassidy said it's not on Currie's property but he doesn't have any definite description of exactly where it is. CHAIR KING suggested some corrections to the motions; the end of the motions should read "subject to 1 condition of approval and to adopt Findings of Fact" so we don't have to go back to amend. COMMISSIONER TORRES MOVED to approve the vacation of a 10 foot wide utility easement according to KIBC 16.60, as shown on a preliminary drawing dated November 18th, 2009 by Horizon Land Surveying, Inc. subject to 1 condition of approval and adopt the Findings of Fact for Case S10 -005. The public hearing was opened and closed: Public testimony was given by Danielle Curry in support of the request. During discussion COMMISSIONER WATKINS suggested when we rewrite the code; vacation of easements are done lot by lot, and when there's an easement we don't need we could go in to this initial section, clear the easement and put a note into the different property files. When folks come in to replat all our background work is done so they can pay their fees and get their lot redrawn with that chunk taken off. CONDITIONS OF APPROVAL 1. The granting of the vacation is not effective unless reviewed and approved by the Borough Assembly. FINDINGS OF FACT 1. It has been demonstrated by the responses from utility companies that the area being considered for vacation has no value to these authorities. 2. All utilities serving this home and neighborhood are installed and are not within the area being considered for a vacation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER WATKINS stated he's making the same corrections to this motion as in the previous motion. COMMISSIONER WATKINS MOVED to grant approval of a plat vacating a 10 foot wide utility easement as shown on a preliminary plat submitted November 18th, 2009 by Horizon Land Surveying, Inc. subject to 1 condition of approval and adopt the Findings of Fact by staff for this case. CONDITION OF APPROVAL 1. Approval by the Borough Assembly to grant a vacation of the 10 foot utility easement. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS January 20, 2010 P &Z Minutes Page 3 of 7 A) Case 10 -008. Adopt findings of fact in support of the commission's denial of a rezone from RB- Retail Business Imo. 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 at the last meeting you denied the rezone request and delayed adopting Findings of Fact until the January meeting. COMMISSIONER JANZ MOVED to adopt the findings contained in the memorandum dated January 8, 2010 as "Findings" in support of the decision to deny a rezone from RB- Retail Business to 113- Multifamily Residential for Lot 7 and Tract A, Industrial Park Subdivision. During discussion COMMISSIONER TORRES suggested deleting #2 because it's too subjective. It was the consensus to keep it in the findings because it shows the neighborhood sentiment. FINDINGS OF FACT 1 Spot zoning: A residential lot (111, R2 or 113) should not be placed in the middle of a business /industrial zoned area. 2 Public Comment: With the number of comments against the rezone it is clear the local residents of this area don't support the rezone. 3 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Commercial development. As indicated in Table 4.1 in the KIB Comprehensive Plan currently there are 128 acres designated as Multi- Family Residential (113) and 8 acres designated as Retail Business (RB) in the Borough. Based on this information if this is rezoned to R3 were approved the amount of RB zoned land would be reduced to approximately 5 acres. This would substantially reduce the availability of RB property. 4 The proximity of this property fits the character of other businesses in the area. By putting a multi family residential land use in the middle of a business district that has Retail Business and Industrial zoned lots nearby appears to look unorganized with poor planning and creates a piece meal and hodge -podge of buildings and equipment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 10 -007. Request Reconsideration of the Commission's vote to recommend denial on an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One W 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 said the commission denied this rezone request. A formal reconsideration affidavit was submitted and tonight you will first vote on a motion to reconsider your previous action denying the rezone request. COMMISSIONER TORRES MOVED to reconsider action taken on Case No. 10 007. COMMISSIONER RYSER stated she feels this property should be rezoned to Business but her voting decision was swayed by the public testimony last month. CHAIR KING stated Pete Thompson's letter references a conflict of interest with Lori Ryser which King proceeded to read it aloud. COMMISSIONER RYSER stated she doesn't have a conflict of interest or a direct /indirect financial gain. During discussion COMMISSIONERS JANZ, WATKINS, and KERSCH expressed it shouldn't be rezoned because they took public testimony, comments, and the petitions seriously and felt January 20, 2010 P &Z Minutes Page 4 of 7 they need to stand firm with what the borough code and Comp Plan has already set in place. COMMISSIONER WATKINS feels someone should build a residence and put in a home occupation to show the neighborhood and try to get support for a rezone. ROLL CALL VOTE ON THE MOTION FAILED 4 -2. THE NOES WERE BRENT WATKINS, CASEY JANZ, BILL KERSCH, ALAN TORRES. THE AYES WERE DAVE KING AND LORI RYSER. NEW BUSINESS A) Elections Chair Vice Chair CHAIR KING opened closed the nominations for Chair. COMMISSIONER KERSCH nominated Dave King. There were no further nominations. VOICE VOTE ON DAVE KING FOR CHAIR CARRIED UNANIMOUSLY CHAIR KING opened closed the nominations for Vice Chair. COMMISSIONER KERSCH nominated Alan Torres. CHAIR KING nominated Brent Watkins. There were no further nominations. #1 Ballots counted: Alan Torres 3 votes Brent Watkins 3 votes Tie vote #2 Ballots counted: Alan Torres 3 votes Brent Watkins 3 votes Tie vote Brent Watkins conceded to Alan Torres. VOICE VOTE ON ALAN TORRES -VICE CHAIR CARRIED UNANIMOUSLY COMMUNICATIONS A) Letter regarding the need for zoning compliance permit for fill dated December 15, 2009 Cassidy stated this communication talks about the need for a zoning compliance permit because fill was put in and issues with drainage. COMMISSIONER WATKINS MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule The next Planning Zoning meetings are the February 10, 2010 work session at 7:30pm in the KIB Conference Room and the February 17, 2010 regular meeting at 7:30pm in the Assembly Chambers. B) Minutes of Other Meetings Parks Recreation Committee Meeting Minutes of December 8, 2009 and December 22, 2009. C) Abbreviated and Final Approval Subdivisions Cassidy stated that based on comments he's been in communication with Koniag about what they're doing or planning to do on Karluk River. Koniag is one of the larger land owners on the island and they've requested an opportunity to set down with the commission to talk about long range plans. COMMISSIONER JANZ MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY January 20, 2010 P &Z Minutes Page 5 of 7 AUDIENCE COMMENTS Kevin Arndt stated he appreciates what the commission does for the community. It's like the service districts; all you ever hear is complaints and no one ever thanks you for what you do or what kind of job you do. He commended the commission for what they do. COMMISSIONER'S COMMENTS Dave King expressed dissatisfaction with the Community Development Department staff regarding packets and Koniag. COMMISSIONER WATKINS MOVED to rescind the staff actions of waiver of subdivision for the Koniag applications in the Karluk River Drainage. This is a council level action not an administrative level action as per Kodiak Island Borough Code 16.110.010. (Invalid Motion) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY (Invalid Motion) Brent Watkins expressed dissatisfaction with the Community Development Department staff regarding Koniag, and stated he wants the commission to look at a one of a kind, experimental, Rural Eco- Tourism zone. Any non manufacturing, eco- tourism based activity and construction would be permitted. This zone would be all of the land transferred from the refuge around the Karluk Drainage with one condition of approval. 1) All the land in this zone is taxed as improved. That's it! He said the manufacturing is meant to allow "home based style" crafts and art work and small scale opportunities that would provide local incomes. All the area is in the watersheds of the applicant so there's no direct impact on anyone downstream that's not involved in the project. COMMISSIONER WATKINS MOVED that we open an investigation into the recently transferred Karluk properties to look at forming an experimental zoning district for a one of a kind Rural Eco- Tourism Development zone in the Karluk River drainage lands. (Invalid Motion) In response to Alan Torres inquiry of what Watkins would like to see in this experimental zoning, Watkins said the bare minimum of requirements. Casey Janz said she knows there are issues but she doesn't know what it is speaking to, the rural eco tourism development zone. She suggested looking at developing codes appropriate for villages because their needs are different and the experimental zone is along the same lines, and time is of the essence because this is happening now. Brent Watkins said that was his intent to open it for discussion to see if it's an avenue that's productive or not. Watkins said Koniag has the grants for the solar and wind generation for a 48 person lodge that can't be built, so yes, they've already applied for the grants. Bill Kersch stated they're not allowed to build it because of the zoning but they weren't allowed to do the duplexes either and they did that anyway, so we can safely assume they're just going to do what they want anyway. Cassidy stated Koniag's intention is to put a door between the two units. It's my understanding they are still under construction and they've relocated the bunks inside the building. It is a single family structure under the code. In response to Casey Janz' inquiry where we are in the process of our RFP, Cassidy said the RFP is going on February 1St. In response to Casey Janz' inquiry if there's a ballpark timeline how long that process will take, Cassidy replied the RFP is advertised for 3 weeks. The commission reviews the RFP's, January 20, 2010 P &Z Minutes Page 6 of 7 narrow them down to folks you want to interview, then there's the selection process, contract negotiations, and then we put out a schedule. Cassidy said even though you put your resolution together January it wasn't funded until July 1St so we didn't have any money to do anything until July 1St. Duane and he put the finishing touches on RFP today and it's down in the Manager's Office to be advertised. VOICE VOTE ON MOTION CARRIED 4 -2. THE AYES WERE BRENT WATKINS, DAVE KING, BILL KERSCH, AND LORI RYSER. THE NOES WERE CASEYJANZ AND ALAN TORRES. (Invalid Motion) Alan Torres said tonight is a perfect example that we need this code rewrite. He also said if you look at the Wandersee lot it's a commercial lot but he just can't disregard the number of public comments. Casey Janz said at the Parks Rec meeting we talked about the Winter Rules of the Lake which they will be posted. The Summer Rules of the Lake seem to be working. The Miller Point turnaround has been sent back to the State and back to the drawing board. It really renewed her belief in the public system that voicing your opinion can have an effect. We discussed the Buskin River Plan (airport extension EIS) and she encouraged people to go on the website. The public comment period is coming up so hopefully that will have an effect on which direction they will extend the runway. Lori Ryser said she doesn't have any history of what's happened in the Karluk area and requested from staff previous packets to review. She thinks this experimental zoning motion is a good start and it could be a good thing if it works. She also understands the resident's issues with the Wandersee lot but she feels because of the mixed zoning and land use around the area it really should be a commercial lot. COMMISSIONER TORRES thanked the commission for making him vice chair. ADJOURNMENT VICE CHAIR TORRES MOVED to adjourn. CHAIR KING adjourned the meeting at 9:17 p.m. KODIAK ISLAND BOROUGH PLANNING ZONING COMMISSION By Dave King, Chair ATTEST By: QnL Sheila Smith, Secretary APPROVED: February 17, 2010 January 20, 2010 P &Z Minutes Page 7 of 7