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2011-12-21 Regular Meeting Kodiak Island Borough p i- t` Planning & Zoning Commission J J UAN 2 0 pp�p i Minutes 20iZ' ��� BOROUGiu December 21, 2011 Regular Meetin• 6:30 e.m. 'ti 6I. J C4iati 6 r CALL TO ORDER CHAIR TORRES called to order the December 21, 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 excusal was Casey Janz and Alan Schmitt. Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Jay Baldwin, and Rick Vahl. Excused were Casey Janz and Alan Schmitt. A quorum established. Community Development Department staff present was Bud Cassidy and Sheila Smith. COMMISSIONER KERSCH MOVED to excuse Casey Janz and Alan Schmitt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the December 21, 2011 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the November 16, 2011 Planning & Zoning Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -021. Request a Similar Use Determination, according to KIBC 17.15.090(A), to allow a small -scale beer brewing operation, a tasting room and general retail space as uses similar in character and impact to other permitted uses in the B- Business Zoning District. Lots 17A and 17B, Block 16 Kodiak Townsite Subdivision. The applicant is Cy Hoen and the agent is Ben Millstein. The location is 117 Lower Mill Bay Road and the zoning is B- Business. Cassidy reported staff believes the potential impacts would be small and staff recommends approval of this request. COMMISSIONER BALDWIN MOVED to grant a Similar Use Determination, according to KIBC 17.15.090(A), to allow a small -scale beer brewing operation, a tasting room, and general retail space as uses similar in character and impact to other permitted uses in the B- Business Zoning District, and to adopt findings of fact in the staff report dated December 9, 2011, as Findings of Fact for Case No. 12- 021. 12/21/2011 P &Z Minutes Page 1 of 6 The public hearing was opened & closed. Public testimony was given by: Ben Millstein, agent, stated he's here to answer any questions. Brief discussion FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed small scale brewery is determined to be similar in character and impact to a permitted bakery use on the basis of land use and zoning criteria. 3. A small scale brewery is defined as one that has an annual production of 3,000 barrels or less, and utilizes no more than 600 barrels for off - island sale. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 12 -022. Request an investigation, according to KIBC 17.205.030 (C) to rezone Lots 2- 10, Lot 12 and Lot 20, Block 2, Perez Estates Subdivision from R3 - Multi - Family Residential to R2 - Two Family Residential. The applicant is Alan & Rose Wolf. The location is various lots along Wilton White Way some with double frontage on Sharatin Road, 3100, 3084, 3052, and 3218 Wilton White Way and 7 lots with no assigned address. The zoning is R3- Multi - family Residential. Cassidy stated there may be some merit to this case and staff is recommending postponement to consider the whole block. COMMISSIONER WATKINS MOVED to postpone action on Case 12 -022 until the February 2012 regular commission meeting of the Kodiak Island Borough Planning and Zoning Commission and to expand the scope of review to include all lots in Block 2, Perez Estates Subdivision including Lots 1 to 16, Lot 17A -1 and Lots 18 to 21, subject to a new staff evaluation and public hearing at that time. The public hearing was opened & closed. Public testimony was given by: Rose Wolf spoke in support of the rezone stating there are safety issues and topography problems. Amanda Breedon spoke in support of the rezone stating there are drainage and safety issues Julia Barklow spoke in support of the rezone stating there are safety issues. Mike Reuter said he is not in favor of building on Sharatin. Kevin Arndt, MK Enterprises representative, spoke in opposition to the request and stated safety issues are on all streets, and the whole area is R3 that was predominately zoned for mobile home courts or apartment buildings. In response to Arndt's question are mobile homes are allowed on his properties, Cassidy stated mobile homes are single family residences so he could put one on each lot. Alan Wolf spoke in support of the rezone. Discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 12 -023. Request a Review, according to KIBC 18.20.030, to acquire interest in Borough land by permit, easement, or lease in order to construct a temporary 14' wide x 318' long logging road to access timber lands in Chiniak for a period of three years. The applicant is A -1 Timber and the location is Section 31, T29S R18W Seward Meridian and generally located between the Chiniak School and Pony Lake. The zoning is C- Conservation. 12/21/2011 P &Z Minutes Page 2 of 6 COMMISSIONER BALDWIN recused himself from this case. Cassidy reported this case is just about a road easement across borough lands. Staff's opinion and recommendation that the commission find this is not a good use of borough lands, there are impacts to the Chiniak residential community and to the community in general. There is the ability to access the same lands by using already existing roads nearby. COMMISSIONER WATKINS MOVED to approve and recommend to the borough assembly, by resolution, a Title 18 land disposal request according to KIBC 18.20,030 requested by A -1 Timber Consultants, Inc. to acquire interest in Borough land by permit, easement or lease in order to construct a temporary 14 foot wide x 318 foot long logging road across borough lands to access private timberlands in Chiniak for a period of three (3) years. The public hearing was opened & closes. Public testimony was given by: Perry Page spoke in opposition stating if you make an agreement make it with the property owner, not the logger, and set up an escrow account that Leisnoi will put money into so if they don't restore it at the end of the agreement the borough can restore it. Hob Happ spoke in opposition stating there would be another 500 feet that would have to come from the State and that hasn't been approved. The proposed road, if completed, will enter and exit right at Silver Beach, one of the most popular recreation areas on the road system. Jerry Tousignant spoke in opposition stating if there's an alternative route they should take it. It would just save money and it's not our responsibility to save them money. They have another access. Mary Brown spoke in opposition stating A -1 already has access at Twin Creeks, but Silver Beach is a very important recreational area. Richard Macintosh spoke in opposition stating he doesn't think the road in question is a good use of borough land, and it's not in the best interest of the borough citizens. With the decreased amount of public land on the road system, it's more incumbent on the public agencies that own the remaining pieces to manage them wisely and consider there are fewer places to recreate, and Silver Beach has a high value of public use. Stacy Studebaker, Audubon Society representative, spoke in opposition stating a logging road through a well - established residential area is inappropriate and incompatible, and a poor use of public land. There is so little public land left on the road system and what remains should be carefully managed for the long term benefits of future generations. Brent McCormick stated he's opposed to A -1 Timber's request. David Nesheim, A -1 Timber Resource Manager, spoke in favor of the request stating A -1's practices are governed by the Alaska Resource and Practices Act. They have 5 major drainages that are classified as anadromous waters and all run north and south and to minimize the effects on these streams they try not to cross them. Nesheim said A -1 Timber has an existing bridge but it needs to be replaced and when a bridge is replaced there will be impacts to the stream as we remove the old bridge and reconstruct a new one. The proposed access has none of these concerns and will allow them to work between the drainages and not across them. Mike Sirofchuck, Parks & Rec Committee Member, spoke in opposition stating he's participated in the planning process to create a Kodiak Road System Trails Plan that the commission has forwarded to the Assembly. He said there isn't a plan for the borough's use of that land right now and there needs to be community involvement and process by which the community of Chiniak and the community of Kodiak as a whole really look at that parcel of public land and decide what the best uses are for it. Sirofchuck said at this point, leasing that part of land is premature because we don't know what the public would like to see done with that land. He requests the commission not approve this request. 12/21/2011 P &Z Minutes Page 3 of 6 Cindy Trussell, National Wildlife Refuge Volunteer, spoke in opposition stating Marbled Murilet's nest in Sitka Spruce stands and the average in this area from 2005 to 2010 was 41, and in 2011 the count went down to 30 birds which is a 33% decline. She requests the commission deny this request. Susan Baker spoke in opposition stating the Chiniak residents met with the borough to update and meet the present uses in the area. Last year they also met to update their Comp Plan. They have received 2 letters of discontent about the A -1 Timber logging from Leisnoi Shareholders. There is growing concern by Chiniak residents and it will be a growing concern by Kodiak residents also as this logging company proceeds with its operation toward Kodiak. We need to stop and look at the bigger picture. John Sweeney spoke in opposition stating Pony Lake will be closely impacted should this easement be allowed, and A -1 has an access they could be using. He said there are environmental and safety concerns and above all residents will be impacted because their peace and beauty will be disrupted with those trucks entering the roadway around Silver Beach. Sweeney said there's a delicate balance between resource development and what impact that has on the property owners. Virginia Adams spoke in opposition stating any logging road that goes in will be there, and it concerns her when someone says that they picking this location because of stream degradation possibilities and that shouldn't exist in our conversation. Because they have to build a new bridge should not be a reason to use a new route. There should never he any degradation. Adams urged the commission to deny this request. During discussion, there was consensus to not support this request. ROLL CALL VOTE ON MOTION FAILED 4 - 0 COMMISSIONER WATKINS MOVED to approve the findings provided in the staff report as Findings of Fact for this case. FINDINGS OF FACT 1. The proposed road will be located between a residential subdivision and the Chiniak School. 2. The negative impacts of this use will interrupt what is a quiet neighborhood and public school area with noise, dust as well as potentially cause a safety concern for up to three years. 3. There are alternative routes at alternative locations away from the school and residential subdivision that will allow A -1 Timber Consultants, Inc. to access timberlands. ROLL CALL VOTE ON MOTION CARRIED 4 - 0 COMMISSIONER VAHL MOVED to adopt Resolution 2012 -03 and forward it to the Borough Assembly with a recommendation to not dispose of an interest in borough land to A -1 Timber Consultants, Inc. in order to construct a temporary 14 foot wide x 318 foot long road across borough lands to access private timberlands in Chiniak for a period of three (3) years. ROLL CALL VOTE ON MOTION CARRIED 4 - 0 COMMISSIONER WATKINS MOVED to adopt the 3 findings of fact found in the staff report as Findings of Fact for this case. FINDINGS OF FACT 1. The proposed road will be located between a residential subdivision and the Chiniak School. 2. The negative impacts of this use will interrupt what is a quiet neighborhood and public school area with noise, dust as well as potentially cause a safety concern for up to three years. 3. There are alternative routes at alternative locations away from the school and residential subdivision that will allow A -1 Timber Consultants, Inc. to access timberlands. ROLL CALL VOTE ON MOTION CARRIED 4 - 0 12/21/2011 P&'L Minutes Page 4 of 6 D) Case 12 -025. Request a Review of proposed Assembly ordinance that seeks to exempt hoop house installation from the requirements of the Borough zoning code by relaxing various zoning regulations affecting setbacks, lot coverage, building height and the installation of hoop houses on a lot without a main structure. The applicant is the Kodiak Island Borough Assembly. The location is various residential zoning districts throughout the island and the zoning varies. Cassidy reported presently staff looks at hoop houses as an accessory building that have regulations associated with its height, setback, and location. Staff has been working with gardeners in crafting a new ordinance. This ordinance promotes hoop houses by relaxing the typical building and zoning regulations. The borough attorney has helped draft it. COMMISSIONER VAHL MOVED to forward Ordinance FY2010, an ordinance relaxing portion of Title 15 (Building Code) and Title 17 (Zoning Code) to the Borough Assembly recommending that this ordinance be adopted and incorporated into the Borough code. The public hearing was opened & closed. Public testimony was given by: Marie Rice spoke in support of the request stating she has been hoop housing long for years. Rice also thanked the commission. Marion Owen spoke in support of the request thanking the commission and stating it takes a lot of courage for a community to embrace something new like hoop houses. During discussion, commissioners expressed concern with drainage issues and the 1 foot setback. There was consensus to amend the motion to add to have a review every 2 years of the ordinance and strike the word "plastic" from lines 74 and 94. COMMISSIONER WATKINS MOVED to amend the motion to add "Whereas, there will be a review every two years of this ordinance, and to strike the word "plastic" from lines 74 and 94." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY E) Case 12 -017. Request a Variance, from KIBC 17.105.040.0 (Rear Yards), in accordance with KIBC 17.195.050 (Variances), to allow the construction of a building encroaching fifteen feet into the required twenty foot rear yard setback. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is I- Industrial. Cassidy reported the applicant has withdrawn his request for a variance and he will have a rezone before you at the January regular meeting. OLD BUSINESS There was none. NEW BUSINESS There was none. COMMUNICATIONS A) November Planning & Zoning Case Results Letters B) Letter of Courtesy & Advisory Re: Storage and Processing Junk Vehicles On Property Not Zoned For Use C) Letter of Courtesy & Advisory Re: Vehicle Storage on Property Not Zoned For Such Use D) Letter of Trespass E) Letter of Courtesy & Advisory Re: Gravel Extraction F) Notice of Trespass Cassidy gave a brief report on the communications. 12/21/2011 P &Z Minutes Page 5 of 6 COMMISSIONER BALDWIN MOVED to accept communications as present. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: The next P &Z meetings are the January 11, 2012 work session at 6:30pm in the MB Conference Room and the January 18, 2012 regular meeting at 6:30pm in the Assembly Chambers. Cassidy gave a brief report. COMMISSIONER WATKINS MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Marion Owen thanked the commission. COMMISSIONER'S COMMENTS Rick Vahl said Smith made him a recording of the work session and he listened to it today. Jay Baldwin apologized because he didn't know his seat was up. Brent Watkins thanked Baldwin for his time on board. He also thanked Rice and Owen for their time . on projects. Alan Torres said thanked Rice and Owen for their time and to everyone who gave testimony tonight. ADJOURNMENT COMMISSIONER VAHL MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 8:12 pm. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION B Alan Torres, Chair ATTEST By: i'�"IEtOCXSfC Sheila Smith, Secretary Community Development Dept. APPROVED: January 18, 2012 12/21/2011 P &Z Minutes Page 6 of 6