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2010-11-19 Regular Meeting KODIAK ISLAND BOROUGH l PLANNING AND ZONING COMMISSION f F E a 8 2011 MINUTES November 19, 2010 6:30 p.m. in the KIB CALL TO ORDER CHAIR KING called to order the November 19, 2010 regular meeting of the Planning & Zoning Commission at 6:31 p.m. PLEDGE OF ALLEGIANCE CHAIR KING led the pledge of allegiance. ROLL CALL Commissioners present were Dave King, Brent Watkins, Casey Janz (arrived 6:35 p.m.), Bill Kersch, Alan Torres, and Jay Baldwin. A quorum was established. Community Development Department staff present was Bud Cassidy, Director and standing in for Sheila Smith, Secretary was Jessica Kilborn (Clerk's Office). APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve this evening's agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMISSIONER TORRES MOVED to approve the October 20, 2010 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUES'T'S There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 11 -007. Request a Conditional Use Permit according to KIBC 17.200 (Conditional Use Permits), to allow non - recreational mineral extraction and related structures as provided for by KIBC 17.50.040.F, and located on about 120 acres of land in the C- Conservation zoning district. The applicant is Koniag, Inc. and the agent is PND Engineers. The location is within Sections 13 & 24, T26S, R21 W, Seward Meridian. The zoning is C- Conservation. Cassidy gave a brief staff report stating Koniag has asked for a postponement to provide additional information. Staff recommends January after the holidays. COMMISSIONER TORRES MOVED to grant approval of a Conditional Use Permit, according to KIBC 17.200 (Conditional Use Permits), to allow non - recreational mineral extraction and related structures as provided for by KIBC 17.50.040.F, and located on about 120 acres of land in the C- Conservation zoning district, subject to the stipulations contained in the staff report dated October 29, 2010 and to adopt the findings of fact also presented therein. COMMISSIONER WATKINS MOVED to postpone Case until the January 19, 2011 regular meeting. In response to Cassidy's inquiry if CHAIR KING is going to open it up for public testimony, CHAIR KING stated yes. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY P &Z Minutes Page I of 5 November 19, 2010 • The public hearing was opened: Charlie Powers stated Koniag suggested the postponement. They will be resubmitting another packet of information that will answer everyone's questions and clarify things. He talked about the project phases and information that will be resubmitted. In response to COMMISSIONER WATKINS'S inquiry about an additional condition of approval if the nature of the extraction changes that you conic back in for another CUP, Powers stated this is just one permit application and we have about 10 permit applications in play with DEC, NEPA, Corp of Engineers, DNR and others. Powers made assurances that all permits will be obtained and Cassidy said that the commission will be issuing the CUP with conditions which would be that all the regulatory requirements be met. COMMISSIONER JANZ expressed concern regarding the DNR letter and Coastal Management dated August 12, 2010 and referred to the items they are looking for. Janz requested to see what Koniag has supplied the agencies with to see where they are in that process. In response to Cassidy's inquiry if the Borough's permit was the first permit required, Powers stated there arc a lot of regulatory permits that need to be in hand. This body is to permit the type of use, is this quarry and related structures an appropriate use for the area. The regulatory permits ensure the plan is one that is proper according to regulatory requirements. In response to COMMISSIONER KERSCH'S inquiry if the permits they are applying for through ADEC and the other agencies are solely for gravel extraction, Powers stated yes, we aren't targeting anything other than granite. Powers assured the commission all regulatory requirements will be met. In response to CHAIR KING'S inquiry as to the condition of this land once this mining is done, Powers stated they see this as a long term project, possibly 50 to 100 years. Powers stated there is a reclamation plan submitted to DNR with our application. To answer your question, it will be terraced and look a lot like Dog Bay Harbor where they went into the hillside and quarried back and once they get to the face they want to terminate to it will be terraced, and he thinks there will be 40 x 15 foot benches formed, and naturally, it would re- vegetate. COMMISSIONER WATKINS directed Cassidy to review the information and recommend on how to proceed with this case. The public hearing was closed & the regular meeting opened. COMMISSIONER TORRES recommended that the case should be heard at the January meeting to allow staff adequate time to analyze the information. The commission was in consensus. B) Case 11 -008. Request a Rezone according to KIBC 17.205 (Amendments and Changes), for review and recommendation of a change of zoning for Lot 3, Block I, Woodland Acres Subdivision from RR -Rural Residential to B- Business. The applicant is the Painter Family Trust. The location is 3694 Rezanof Drive East, and it is zoned RR -Rural Residential. Cassidy gave a staff report stating the vacant property is north of Mill Bay / Rezanof intersection across from Mill Bay Coffee. Staff feels it is a good Business lot for the future, but staff feels the timing is ill advised at this time primarily due to the 2008 Comp Plan continues to identify the site as residential through the planning period, which is 2015, and he expressed there is vacant Business property throughout town. Maria Painter provided the petition, pictures, and information in the packet. Painter also brought in new information today but Cassidy advised the commission, based on their bylaws, to have staff review it and bring it back at a future meeting. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. The regular meeting was closed & the public hearing was opened: Maria Painter spoke in support of this request stating there is no abutting residential property and everything else is zoned Business. At the present time she said there is no commercially zoned land P &Z Minutes Page 2 of 5 November 19, 2010 available outside of city limits in this area, and she feels she shouldn't be forced to go downtown to have a business. Ron Painter questioned staff's issue with the timing because there are 54 petitioners living on Woodland Drive and Sunset Drive that agree the timing is right, 94% of the people who responded are in favor of this request. He assured the commission they are not going to de -value the property and stated there will be no additional traffic on Woodland Drive because the entrance will be 800 feet from Woodland Drive towards Sunset. Painter stated that Mr. Roberts (Borough Assessor) recommended that this property should be rezoned as Business property. Painter also stated the Comp Plan encourages rezones like this. The demand is there, the interest is there, 94% of the people who live there are in favor of it. In response to COMMISSIONER TORRES' inquiry regarding if the entrance will be a forward facing parking lot on the building, Painter stated he doesn't know yet because he'll have to get engineers to come up with what would work the best and be the most attractive. We want to have people coming in so we want to arrange it to be the best possible. In response to COMMISSIONER TORRES'S inquiry of is Painter going to alter the elevation of the land enough where you could have full frontage entrance, Painter stated no, because there is a utility cable buried there. In response to COMMISSIONER WATKINS'S inquiry of whether there will be vegetative screening or greenbelt for the houses just down Woodland on the backside, Painter stated 7 out of the 9 people that live abutting this property are all in favor of this request, and we own 2 of the lots and would not want to do -value our lots so we want to do something as far as greenery to to keep it looking pristine or park like. The public hearing was closed: Commission discussion regarding the need for more business zoned property in the area, different zoning districts and services available. They liked the idea of vegetative screening or greenbelts. In response to CHAIR KING'S inquiry to staff regarding the cast side of the property there is a jog and the properties across from it, is that an easement or right -of -way, Cassidy stated that is the former road to Abercrombie and it is a right -of -way. COMMISSIONER JANZ expressed concern that if someone else acquires the property their use may be far different than what the applicant's. Janz also likes the idea of the greenbelt screening it from the neighborhood. The Commission discussed the permitted uses and the description of intent with the applicants. Mr. Painter stated he does not want to see garages or multi- family dwellings there and the bottom line is 7 of the 9 people that live there that are facing that property and 94% of the people in that community are in favor of this. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The apes were Commissioners King, Watkins, Kersch, Torres, and Baldwin. The toe was Commissioner Janz. COMMISSIONER WATKINS MOVED to postpone the Findings of Fact to the December 15, 2010 regular meeting of the Planning & Zoning Commission. ROLL CALL MOTION TO POSTPONE FINDINGS CARRIED UNANIMOUSLY. COMMISSIONER WATKINS explained the reasoning's behind postponing the findings of fact to the Painters. OLD BUSINESS There was no old business. NEW BUSINESS A) Case 11 -009. Request a Fence and Screening Review according to KIBC 17.105.060.F & G, to allow the outdoor storage of bulk timber as permitted under KIBC 17.105.010.0 (Outdoor Storage) P &Z Minutes Page 3 of 5 November 19, 2010 subject to commission review and approval of a fence per KIBC 17.105.1160.E and commission review and approval of screening for a lot located within 100 feet of residential use or zone per KIBC 17.105.060.C. The applicant is John Zbitnoff and the agent is Jasha Zbitnoff. The location is 465 Sargent Creek Road, and the zoning is I- Industrial. Cassidy gave a staff report stating Mr. Zbitnoff has requested postponement until the January meeting. In response to COMMISSIONER JANZ questioning Zbitnoft's request when he's already been doing business and she doesn't understand why they are allowed to conduct business when they are out of compliance, Cassidy stated it's his understanding that he may not need a drainage plan and our goal is to bring him into compliance. Cassidy's understanding is they are shutting down for the winter and there will be load limits on the roads in the spring. When he came in we put his case on the agenda for our permits. DEC and ADF &G have been to Kodiak to address the issues. Commission discussion regarding the safety issues without adequate fencing to keep kids out, going ahead with the project and then asking for forgiveness, and why the project was not halted until it was in compliance. They discussed howBells Flats started out as the commercial /industrial /agricultural area and the residential area grew around it. Due to the telephone company having utilities buried through the lot it would have to be temporary fencing. The commission's main concern is safety. COMMISSIONER TORRES MOVED to postpone Case 11-009 to the January 19, 2011 regular meeting at the request of the applicant. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The apes were Commissioners King, Watkins, Kersch, Torres, and Baldwin. The roe was Commissioner Jan;. COMMUNICATIONS A) Letter of Courtesy & Advisory dated November 1, 2010 Cassidy gave a brief staff report regarding an 8x10 foot container without a permit and he reported a permit has now been obtained and the property is in compliance. Discussion regarding containers popping up everywhere in Kodiak. Cassidy stated we now have an enforcement officer it's important, in the upcoming new year, that the commission review what the zoning enforcement policy is. It's also important that the Assembly weigh in on it too. Containers are considered an accessory building and need to meet the requirements. COMMISSIONER TORRES MOVED to approve communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting schedule: • December 8, 2010 work session at 7:30 (should be 5:30) p.m. in the KIB Conference room. • December 15, 2010 regular meeting at 7:30 p.m. in the Assembly Chambers. Cassidy explained on December 8' the consultants will be coming to town and you will meet with them from I pm -5 pm and your work session starts at 5:30 pm and then meeting with the Assembly and consultants at 6:30 p.m. These meetings have been advertised in the paper. COMMISSIONER TORRES stated the Project Advisory Committee is meeting on December 9 at 11:30 am — 1:30 p.m. B) Minutes of Other Meetings • September 28, 2010 Parks & Recreation Committee Minutes • October 12, 2010 Parks & Recreation Committee Minutes COMMISSIONER WATKINS MOVED to accept reports as presented. P&Z Minutes Page 4 of 5 November 19, 2010 • • VOICE VOTE ON MOTION CARRIED UNANIMOUSL 1' AUDIENCE COMMENTS Maria Painter asked if the Project Advisory Committee and code revision meetings arc open to the public. She knows the codes very well and she'd like to be involved. Painter thanked the commission for their time. CHAIR KING said there's a wcbsite you can get on to sign up for all updates and apply to get on the committee. COMMISSIONERS' COMMENTS Brent Watkins said Alan Austerman's Office will be doing a youth leadership role to get younger folks involved in local government and leadership roles in the community. Watkins would like get one of them to fill this empty seat and get them on other boards as well. Jay Baldwin stated he will be unavailable on December I 5 and requests to be excused due to being in Anchorage for the military. Alan Torres stated he enjoyed the training in Juneau. It's good to hear what is going on in other communities and what people in our positions think. Torres wished everyone a Happy Thanksgiving. Casey Janz echoed Torres' sentiments and thanked the borough for sending the commissioners but wished the training could be longer. She liked it because of the people being from similar rural communities and villages. Bill Kcrsch stated he was impressed with how knowledgeable some of the people were on the panel. Dave King stated he'll be out of town for work from the December 5 through the I He thanked everyone for their hard work and reminded the commission of elections in January 2011. ADJOURNMENT COMMISSIONER TORRES MOVED to adjourn. CHAIR KING adjourned the meeting at 8:09 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: X11► , / C. S _ rs Dave King, Chair ATTEST: By: \�f0 S Ill Sheila Smith, Secretary Community Development Dept. APPROVED: January 19, 2011 P &Z Minutes Page 5 of 5 November 19, 2010