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2011-10-19 Regular Meeting Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2011 Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the October 11, 2011 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Requested to be excused were: Casey Janz and Jay Baldwin. Both are out of town. Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Alan Schmitt, and Rick Vahl. Excused were Casey Janz and Jay Baldwin. A quorum was established. Community Development Department staff present was Bud Cassidy and Sheila Smith. COMMISSIONER WATKINS MOVED to excuse Casey Janz and Jay Baldwin. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the October 19, 2011 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the September 21, 2011 Planning & Zoning Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -014. Request a rezone, according to KIBC 17.205.030.C, to consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from RR1 -Rural Residential One to B- Business. The applicant is Dayton Wandersee. The location is 4210 Otmeloi Way and the zoning is RR1 -Rural Residential One. Cassidy reported the commission reviewed this request in the past, and it was reviewed in 2008 and also failed. The request is the same, and staffs recommendation is that it be denied. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business The public hearing was opened & closed. Public testimony was given by: Clifford Farley spoke in support of this request and expressed dissatisfaction regarding past practices allowed on this property by the previous owner. 10/19/201 P &Z Minutes Page 1 of 4 Discussion regarding traffic, noise, and change of use. ROLL CALL VOTE ON MOTION CARRIED 4 -1. The ayes were Brent Watkins, Bill Kersch, Alan Torres, and Rick Vahl. The no was Alan Schmitt. COMMISSIONER WATKINS MOVED to postpone findings of fact to the November 16th regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S12 -005. Request Preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of -Way centered over underground municipal water and sewer utilities. The applicants are Bill Alwert, Charles Jerling, Chris Otto, Gary Darrah, and Daniel Rohrer. The agent is Bill Alwert. The location is 3300, 3310 and 3360 Rezanof Drive, 3420 and 3424 Sitkinak Drive, and 3244 Perenosa Drive. The zoning for Lots 3A, 3B -1 & 3B -2, Block 1, Kadiak Alaska First Addition is B- Business, for Lots 18 & 19, Block 2, Trinity Islands Subdivision and Lot 2, Block 2, Kadiak Alaska First Addition is R3- Multifamily Residential. Cassidy reported this is another case the commission has seen before but it involves only a portion of right -of -way vacation and it's only the northern half of the original request. It's a vacation of the outside 15 feet on both sides of a 60 foot right -of -way. A 30 foot interior will remain because it's the City of Kodiak sewer and water utilities which is also being looked at for an urban trail. COMMISSIONER SCHMITT MOVED to recommend that the Assembly approve, in accordance with KIBC 16.60, the vacation of a portion of the undeveloped Perenosa Drive right -of -way, as depicted on the Applicant's map and to adopt the conditions of approval and the findings in the staff report dated October 2, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Discussion regarding financial gain, vacations, it being a road, state statutes, uses, and fencing, CONDITIONS OF APPROVAL 1. This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto authority per Kodiak Island Borough Code 16.60.060 A. 2. The applicants must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, and addition of this vacated area to each adjoining lot within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. 3. That portion of the ROW remaining should be given a Tract designation in the subdivision process stating that the remaining ROW is reserved for access to public utilities and for pedestrian and bike trail purposes only. 4. Prior to final approval of the subdivision, the adjacent property owners are required to install a fence acceptable to the Resource Manager along the new property line in an effort to avoid future conflicts with trail users. FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 10/19/201 P &Z Minutes Page 2 of 4 • 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 12 -01S. Request a review of Parks & Recreation Committee recommendations and other communications, according to KIBC 2.120.030.D, for the Draft Kodiak Road System Trails Master Plan prior to review and adoption of the plan by the Kodiak Island Borough Assembly. The Planning & Zoning Commission will render its own recommendation within 30 days or the plan will be deemed to be approved and forwarded to the assembly on that basis; and A review, according to KIBC 2.105.030.A & J, of the Draft Kodiak Road System Trails Master Plan, as a proposed new element of the Kodiak Island Borough Comprehensive Plan once adopted by the assembly. The location and zoning varies. Cassidy reported stated one of the Parks & Rec Committee's roles is to identify recreational demand in the community, and they have been focusing on the Trails Plan that will be part of the Comp Plan. It's identified in the Comp Plan that it's recommended to he done. The Parks & Rec Committee have had a substantial amount of testimony at their public meetings with large turnouts. They have been working diligently the past 2 '/z years on the trails plan. Staff recommends you forward this to the Assembly with a recommendation for approval. Cassidy stated he was told that if the commission feels it's in the best public interest to postpone this to the following month it would be fine. COMMISSIONER VAHL MOVED to postpone making a recommendation to the Assembly on Case 12- 015 until the November 16, 2011 public hearing to allow for public testimony. The public hearing was opened & closed. Public testimony was given by: Pam Foreman, a Parks & Recreation Committee member, spoke in support of the Trails Plan. Discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory re: the establishment of a Recreational Vehicle Park and Automobile Repair Garage dated September 8, 2011 Cassidy gave a brief report on the communication. COMMISSIONER VAHL MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • November 14, 2011 work session at 6:30pm in the Assembly Chambers. • November 16, 2011 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • July 26, 2011 Parks & Recreation Committee 10/19/201 P &Z Minutes Page 3 of 4 C) Abbreviated and Final Approval - Subdivisions Cassidy gave a brief report on the reports. COMMISSIONER WATKINS MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS Alan Schmitt said we have moved the date for the November work session to November 14th because most of the commission will be at the conference in Fairbanks the week before. Kudos to the Parks & Rec for the time and effort put into the Trails Plan. Brent Watkins said thanks to Pam Foreman and the P &R committee. Bill Kersch thanked Pam Foreman and he encourages everyone to use all these trails. Alan Torres said the PAC meetings have been moving forward. We've been having long meetings lately and we are making headway. We are almost through Title 17. ADJOURNMENT COMMISSIONER WATKINS MOVED to adjourn. CHAIR TORRES adjourned the meeting at 7:31 pm. KODIAK ISLAND BOROUGH PLANNING & Zit ' NG COMMISSION By: Alan Torres, Chair ATTEST By: iCeian. �N�tJ Sheila Smith Community Development Dept. APPROVED: November 16, 2011 10/19/201 P &Z Minutes Page 4 of 4