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2010-03-17 Regular Meeting Kodiak Island Borough Planning Zonin g Commission MAY 2010 Minutes March 17, 2010 Assembly Chamb CALL TO ORDER VICE CHAIR TORRES called to order the March 17, 2010 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioners present were Brent Watkins, Casey Janz, Bill Kersch, and Alan Torres. Excused were Dave King and Lori Ryser. Community Development staff present was Bud Cassidy and Sheila Smith A quorum was established. COMMISSIONER JANZ MOVED to excuse Dave King -he's out of town for work and Lori Ryser -she's on vacation in Hawaii. VOICE VOTE ONMOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the February 17, 2010 Planning Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the February 17, 2010 Planning Zoning regular meeting minutes. VOICE VOTE ON MO TION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS George Kontra stated he wanted to make sure that the commissioners are familiar with Case 10 -010 and he asked if JANZ is up to speed on the notes and what was discussed. He stated ninety four percent of the variances are illegal according to a couple of the major studies of the books that you have. We do have an impact of view issue here in addition to setback issues. He submitted 2 documents for you to review prior to next month's meeting. Material damage and prejudice will be the biggest things we are going to prove beyond a reasonable doubt. We've directly approached the applicant several times stating his plans will adversely affect the neighborhood. We've mentioned compromises and he's not been forthcoming with anything productive. We are trying to work around this as a neighborhood. Pat Holmes showed his potted Azalea plant stating they are hard to grow in Kodiak. We've traditionally always got together as a neighborhood to talk whenever someone's going to build something or go for a variance. His wife and he invited the Johnston's over on 3 occasions but they couldn't make it. He feels it's good to look through someone else's window before you do something. Johnston's proposal is for basically a three story house. It's so close the three stories will have some material effect on our gardening and landscaping. His wife and he are avid gardeners and landscapers and every year we put about $2000 into plants and shrubs. If this azalea were between our 2 houses, right now it gets partial sun but we've arranged that as a partial sun area so his azalea wouldn't grow there if you had a 3 story house, as well as a deck that we use for gardening of things that are more fragile. The point is that landscaping adds value to property and he came up with 7 citations on google with a range of 7 -20% value added from 3/17/2010 P &Z Minutes Pagel of 6 landscaping with a mean of 15% and an,average of 14. The point is a big house has a big impact on your neighbor if it sits right on the line. Johnson said he'll move it back but still part of the foundation will only be 4.3 feet from the line rather than the setback. Their lot is 50% larger than ours and there is space for them to make a wider structure. Views have a range of 5 20% value and a partially obstructed view of an ocean adds 10 -20% premium value on your property. Judi Kidder stated she lives in Jackson's Trailer Park and we're trying to, with the upcoming clean up day clean up the trailer park to make our environment a nice place to live in accordance with the borough plan. She tried to find out about the solid waste bulky item program to get stuff removed free of charge once a month and called Alaska Waste and was told they didn't know the answer to this because she lives in a trailer park and they said it's commercial. She then called Tracy Mitchell at the borough who informed Kidder she lives in a trailer park and it is commercial so she doesn't qualify for the program, upon which time she told Mitchell that she owns her house, she pays taxes, and therefore she should be entitled to those services. Mitchell then hung up on Kidder so Kidder called back and basically told Mitchell that her taxes pays her wages and she would like the forms. She sent Kidder the forms and borough code. Kidder also got a copy of the contract between Waste Management and the borough. Kidder stated very clearly in the definitions it states the services the borough provide are residential bag, residential can, residential dumpster, and it itemizes that apartment complexes and trailer courts are considered residential dumpster. So trailer parks are already covered or defined in the borough code as residential dumpster therefore Kidder feels she should be entitled to that program. Upon which time she called Mitchell back and informed her that it was in the code clearly that we do qualify as residential dumpster and she should be entitled to use that service when Mitchell told Kidder she knows what's in the code and that's not the way it was intended'to be interpreted and Jackson's is considered commercial and therefore Kidder can't use it. In accordance with the Bode she would like it clarified and on public record that residents of trailer courts can indeed use the bulky waste program that's once a month for all borough residents instead of being exempted from it. PUBLIC HEARINGS A) Case 10 -014. Request a rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation IQ RNC -Rural Neighborhood Commercial. The applicants are Norman Janice Botz and the zoning is C- Conservation. Cassidy stated this is a rezone request from Conservation to Rural Neighborhood Commercial. This effort seeks to reestablish the Road's End Restaurant and Bar. It's sort of a historic and grandfathered use and it's a non conforming use. When a non conforming use ceases to exist for a year it loses its grandfather rights, it loses it non conforming status so Mr. Botz has requested a rezone from a residential area to a commercial use that is consistent with the Comp Plan for the Chiniak area. Staff recommends approval. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot I IA, U.S. Survey 3474 from C- Conservation 1Q RNC -Rural Neighborhood Commercial, subject to no conditions of approval, and to adopt the "Findings of Fact" in the staff report dated February 12, 2010 in support of this recommendation. The public hearing was opened and closed: There was no public testimony given. Brief discussion FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezoning of Lot 11A from C Conservation Zoning District to Rural Neighborhood Commercial would allow the property owner to re- establish a historical use as a permitted use within the existing structure of the zoning code. 3/17/2010 P &Z Minutes Page 2 of 6 The rezoning of Lot 11A from C Conservation Zoning District to Rural Neighborhood Commercial would allow the property owner to expand amenities and services, unencumbered by a "non- conforming" zoning designation. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezoning of Lot 11 A from C Conservation Zoning District to Rural Neighborhood Commercial would serve to implement the objectives of the-2008 Comprehensive Plan Update of the Kodiak Island Borough relating to the Chiniak community. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 10 -015. Request a rezone investigation, according to KIBC 17.205.030.11 (Amendments and Changes), to consider the development of new zoning standards, either by amending an existing zoning district or developing a new zoning classification, for possible application to a 67,763 acre area generally located around Karluk Lake and in the Karluk River drainage and which may be referred to as Interim Conveyance No. 117 under the Alaska Native Claim Settlement Act, case file No. AA- 6677 -A, recorded at Book 41, Page 875, et seq., Kodiak Recording District. The applicants are the Planning Zoning Commission. The location is generally located around Karluk Lake and in the Karluk River Drainage and the zoning is C- Conservation. Cassidy stated the commission expressed an interest to come up with a new zoning category for the Karluk River area. You also expressed interest in having presentations which you had at your work session by Koniag Incorporated, one of the major land owners there as well as U.S Fish Wildlife Service. You talked about a new zoning district and staff provided you with the framework. All of that was a premise to have you discuss where you wanted to go with this issue. Staff is recommending postponement. In response to COMMISSIONER WATKINS'S inquiry of when we will actively start working with the code revision consultant, Cassidy stated we have the RFP's in, we want to talk about a timeframe to review them, he suggests a meeting to narro them down and bringing folks to Kodiak for interviews. Cassidy thinks we can maybe have someone here by the end of the fiscal year. COMMISSIONER KERSCH MOVED to postpone indefinitely. The public hearing was opened closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY In response to COMMISSIONER WATKINS'S inquiry of if Koniag left a copy of the PowerPoint presentation, Cassidy said he will get one and send to COMMISSIONER JANZ so she can get caught up to speed. C) Case 10 -010 was postponed until the April 21, 2010 regular meeting at the request of the applicant who has paid the fee to have it postponed. D) Case 10 -016. Request a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High School and that it is similar in character to a government maintenance and service facility and storage yard that is conditionally permitted in the PL- Public Use Lands zoning district. Dvorak stated 45 public hearing notices were sent. One response was received in favor, six responses received opposed, and a petition with twenty five signatures also opposed. Staff recommends that proposed storage and occasional aeration of contaminated soil is similar in both character and impact to a government maintenance and service facility and storage yard which is a conditional use in the PL- Public Use Land Zone, subject to certain conditions of approval to limit the use. 3/17/2010 P &Z Minutes Page 3 of 6 In response to COMMISSIONER KERSCH S inquiry of if we allow them use that site for one year and then we decide we don't renew it where will the school put the contaminated soil at that point, Dvorak said they asked for 2 years and staff recommended 4 years, maybe they might come back to you for an extension, and the lead time to request the extension is within their initial 2 years. In response to COMMISSIONER KERSCH'S inquiry if someone has looked at the Municipal Airport property, Dvorak stated he would have to ask the petitioner. COMMISSIONER WATKINS MOVED to grant a similar use determination, per KIBC 17.15.090, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soils as a use similar in character and impact to a conditionally permitted government maintenance and service facility and storage yard use per KIBC 17.130.030, and to approve the findings in the staff report dated February 25, 2010 as "Findings of Fact" for this case. The public hearing was opened closed: Opposing testimony was given by Jim Ashford, Deb McCusker, Chris Wing, and Pat Holmes. Favorable testimony was given by Woody Koning, borough applicant. Ashford called for a point of order stating Koning went beyond his 3 minutes. Smith stated she forgot to start the timer. In response to COMMISSIONER WATKINS'S inquiry of screening solids over 2 will that take place at the high school site prior to moving it, Koning stated he thinks it will take place at this site but he's not sure but wherever it takes place there will be a liner underneath it so no material will escape into the environment. DEC will have to approve any process we go through in order to (inaudible). In response to VICE CHAIR TORRES'S inquiry on the DEC approval, is that a written approval or a certified inspector that would be on site, Koning stated the consultant is responsible to DEC to inspect and sample the soil, take photos of the actual cell, and the construction of the cell. The consultant is certified to do this type of business with DEC. Commission discussion. In response to VICE CHAIR TORRES's inquiry of a best guess of the physical size of these cornrows, Koning stated it's all really conjecture after it's been sitting there for 3 years covered similarly to the plan for remediation, it's all conjecture of what the actual contamination levels are in that soil. In response to COMMISSIONER JANZ'S inquiry of have you looked at the landfill, Koning stated we looked around for borough property but without clearing and the cost this was the most practical piece of borough property that we could find. In response to VICE CHAIR TORRES' inquiry if Koning would like it postponed or a decision tonight, Koning stated he would like a decision tonight: ROLL CALL VOTE ON MOTION FAILED 2 -2. THE AYES WERE COMMISSIONER WATKINS AND VICE CHAIR TORRES. THE NOES WERE COMMISSIONERS JANZ AND KERSCH. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER JANZ MOVED to postpone findings of fact for the first motion for Case 10 -016 until the April 21" Planning and Zoning regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNAIMOUSL Y COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to KIBC 17.130.030 and KIBC 17.200, to allow the storage and passive remediation of about 1,600 cubic yards of heating oil (diesel) contaminated soil on Lot 2A, Lakeside Subdivision 2 nd Addition, subject to conditions of approval, and to adopt the "Findings of Fact" in the staff report dated February 25, 2010, as findings of fact for this case. 3/17/2010 P &Z Minutes Page 4 of 6 ROLL CALL VOTE ON MOTION FAILED 2 -2. THE AYES WERE COMMISSIONERS WATKINS AND RYSER. THE NOES WERE COMMISSIONERS JANZ AND KERSCH. COMMISSIONER JANZ MOVED to postpone findings of fact for motion #2 for Case 10 -016 until the April 21' Planning and Zoning regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNAIMO USL Y OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter Regarding a Corrected Zoning Violation B) Borough Strategic Plan C) Western Planner: Planning Commission's Corner Cassidy gave a brief update on the communications. COMMISSIONER WATKINS MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule The next Planning Zoning work session is on April 14, 2010 at 7:30 p.m. in the KIB Conference Room the next regular meeting is on April 21„ 2010 at 7:30 p.m. in the Assembly Chambers. B) Minutes of Other Meetings January 26, 2010 Parks Recreation Committee Meeting Minutes COMMISSIONER JANZ MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS Brent Watkins expressed we should do the RFP discussion before adjourning to get it on record. Bill Kersch said he's really surprised by this Similar Use Determination case because of all of the work done to get that lot cleaned up and that we would actually go backwards. It would open the door for all the other soil remediation projects island wide to use that site and then we end up with that whole lot ending up as a remediation site for the whole borough. There's space at the municipal airport; there are hangars that aren't being used, there's broken down airplanes that haven't been touched in years, and he feels it would be a better site because it's already contaminated. It is a nice area to have cleaned up for the kids to use and he'd hate to see it blocked off by big piles especially when we are looking at our CIP list. Alan Torres said there are some good bullet,points on the Commissioner's Corner. Cassidy said Dvorak is project manager for the code rewrite. Dvorak stated there are 6 firms that you'll be rating based on their proposals. We've asked the consultants to basically lead the process, and staff will be there as resources and answer questions. We want to get 3/17/2010 P &Z Minutes Page 5 of 6 started as soon as possible but we want a thorough review of the proposals. The proposers will need a minimum of 3 weeks to prepare for an interview and to make travel arrangements. Discussion of possible meeting dates and locations. Smith will check to see if KFRC is available for March 31S at 7:00 p.m. ADJOURNMENT COMMISSIONER KERSCH MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMO USL Y VICE CHAIR TORRES adjourned the meeting is at 9:12 p.m. KODIAK ISLAND BOROUGH PLANNING ZONING COMMISSION B y: C- Dave King, Chair ATTEST By: :1P1� Sheila Smith, Secretary Approved: April 21, 2010 3/17/2010 P &Z Minutes Page 6 of 6