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02/07/2012 Regular Meeting KODIAK ISLAND BOROUGH MAR 2 2 2012 ; b PROJECT ADVISORY COMMITTEE ' � ' MINUTES ROUG CLERK'S OFFICE February 7, 2012 Work Session 5:30 p.m. in the KIB Confer ence Room CALL TO ORDER BO CHAIR VINBERG called to order the February 7, 2012 Project Advisory Committee work session at 5:30 p.m. ROLL CALL Requested to be excused were Casey Janz, Luke Smith, and Andy Schroeder. Committee members present were Alan Torres, Sonny Vinberg, Dan Rohrer, Janet Buckingham, Ted Panamarioff, Mark Anderson (arrived 5:35 p.m.), and Oliver Holm. Excused were Andy Schroeder, Luke Smith, and Casey Janz. Absent was Louise Stutes. A quorum was established. Community Development Department staff present was Duane Dvorak, Bud Cassidy, and Sheila Smith. Teleconferencing in was Steven Van Steenhuyse and Chris Beck. COMMITTEE MEMBER TORRES MOVED to excuse Andy Schroeder, Luke Smith, Mark Anderson, and Casey Janz. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMITTEE MEMBER TORRES MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER TORRES MOVED to approve the January 31, 2012 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Sheila Roberts expressed concerns regarding the livestock use on her own property stating the draft code doesn't have a clear picture of Alaska, let alone Kodiak. If she wanted to live like the draft code suggests she would move to the lower 48. Roberts stated more discussion is needed, and someone should talk to the Bells Flats residents. COMMITTEE MEMBER ROHRER asked the consultant where they left off at the last meeting because there was discussion of livestock and he inquired if the consultants had re- written a section. CHAIR VINBERG said they talked about it and he thinks there are only a couple of sites that will be out of compliance if they go forward with it. Staff was directed to review it to make sure it's included in the new version. COMMITTEE MEMBER HOLM stated this section has been through the committee twice now and both times we recommended it be fairly loose and liberal interpretation but the draft is still pretty restrictive. Steven VanSteenhuyse, consultant, stated it's in the supplement that they should have received in 17.80.090. PAC Minutes Page 1 of 4 February 7, 2012 Lonnie Carlson stated she's always had animals at their 2' /z acre Bells Flats home. She was surprised to see the depth of the rules of what they can and cannot have on their property. Kodiak is unlike many places, unlike the lower 48. Five to ten acre parcels are not readily available so we do the best we can with what we have. Carlson said when she read the draft she realized it wasn't written with most Kodiak residents and community in mind, and she recommends more public meetings so that everyone can have the opportunity to look at this. Doreece Mutch stated she's had 2 -6 horses since 1984 on her property. They're used for personal use and she allows 4H kids who don't have a place to keep their horses to keep them on her property, and her mom runs a volunteer therapeutic riding program for handicapped children out of the facility. Mutch expressed concern with the code as written; we wouldn't be able to have horses. There are many families in Kodiak in the same situation. There are 2 boarding facilities on Kodiak; the fairgrounds and the boarding place in Bells Flats that has 12x12 stalls that's typical for stabling your horse. Some places have runs off stalls that could be as small as 12x36 but are not 1/2 acre. This facility wouldn't be on a big enough lot to board 14 horses the way the draft code is written. It's common throughout the state and outside the United States as far as boarding facilities with 12x12 stalls with runs. It's not the size of the lot that's the concern but there's concern about animal neglect. We also use low voltage fencing to contain our horses. Barbara Zimmerman stated she's been a 411 leader in Alaska for over 30 years and has horses, chickens, ducks, and rabbits, and in their 4H project are geese and goats. These standards don't meet anything that she's looked up about what's necessary space for animals. A rabbit only needs a 4 sq. foot cage; a goat needs 12 sq. feet, and recommended you can keep up to 5 geese on an acre of land, chickens and turkeys needs 2 -8 sq. feet. She's spoken with the Alaska State Vet who's working on statewide level regulations; they're looking at space requirements, exercise, and normal behavior for how much space an animal needs. They've held public hearings and workshops for dogs, horse, livestock, and poultry. They want to create a guide that contains objective ways the police or animal control can evaluate a situation; if there's abuse they'll have the guidelines and laws for backup. Zimmerman recommended we look at what the state is doing with regulations. We want to encourage agriculture and sustainability. Karen Riley stated she has a horse, pony, chickens, and a rabbit at her house and requests that the draft code be reviewed again. Her animals participate in the community with the therapeutic program and bring a lot of good things to people's lives. She has no other place to keep her animals. Heather Johnson stated she's had horses for years. She feels the acreage needed for 1 horse is small, but the accumulative in the draft code is not reasonable. Horses are herd animals so they'll be happier and less of a nuisance if they have a buddy. As we are going more green she'd like to encourage having chickens, fresh eggs, and such instead of putting more restrictions on. Annie Loomen stated she's a 4H member for small animals in the FFA Kodiak Chapter participating with the rabbits she's acquired. The agricultural products and natural resources are really great and she'd hate to see it restricted. Jeanne Dennis stated she's been a horse owner most of her life and has had a horse in Kodiak for 13 years that is kept at Tracy Anderson's house. There is a full size arena so she can give horseback riding lessons. She's been a 4H leader for about 15 years. Dennis feels revisions need to be made in every aspect of what has been written here. Sherry Loomen stated she's very active in 4H with rabbits and chickens, and she'd like to have a cow or steer to raise for meat. She grew up on a dairy with over 300 cows on 70 acres and they did just fine. We need to really look at these restrictions. Maria Painter stated fencing for horses needs to be addressed. In another section it says that you can't have low voltage fences. How can anyone have a horse without low voltage fencing? At the prior meeting we discussed 20,000 sq. feet for one horse and now the consultants have put in 40,000 sq. PAC Minutes Page 2 of 4 February 7, 2012 feet, which wasn't even discussed. We discuss one thing, and then the consultants put something else in the draft. She's been trying to help facilitate these problems. She doesn't own livestock but other people do. There was also an oversight after our discussion last week about putting multi - family dwellings back into the Business zone; the consultants didn't even put it in. Also, we aren't allowed to have pointed ornamental fencing, that's ridiculous. She said the community is going to go crazy if it's so restrictive. Chris Ford, Bells Flats Poultry, stated if you put these rules into effect it will put her out of business. People are calling her for birds for later this year, and people who want to buy eggs. If she's limited to 5 birds and no rooster she'll have to shut down. Ford also said we have bears and it's very common to use low voltage fencing not only for livestock but to protect kids or whatever. The borough doesn't even have animal control. To put restrictions on us when they don't even have someone to pick up a stray dog that's eating our chickens is silly. COMMITTEE MEMBER TORRES said low voltage fencing is also recommended for chicken coops by Fish & Game to keep the bears out. Sam Mutch stated he has undeveloped business lots that he's been looking at ways to develop them economically. As you move forward on changing codes it is a big deal to take something away from someone when they've been planning their projects out, and then all of a sudden they can't do it because the code has changed. It makes it hard to encourage development. He'd like to see these lots utilized, and he feels we need more business lots. Painter stated she has a list of all the vacant business lot owners' names and feels they should have the opportunity to speak and weigh in on the changes that are taking place. OLD BUSINESS A) Review of the Draft Code Van Steenhuyse apologized for not getting the changes made. During review and discussion changes were relayed to the consultants. CHAIR VINBERG called a short break at 7:35 p.m. CHAIR VINBERG reconvened at 7:52 p.m. In response to COMMITTEE MEMBER TORRES statement that the committee hasn't reviewed Titles 16 & 18 at all, Chris Beck stated in December we provided the committee with an overview of Title 16 with highlighted key changes and we did same with Title 18. Beck said we got through Title 16 in about an hour but we didn't get to Title 18 because we lost our quorum. We had a fine amount of time and budget so we have focused on Title 17. There aren't big changes to Title 16. COMMITTEE MEMBER TORRES said he knows of 3 cases that would be good to test; the Rasmusson Abbreviated Subdivision case, a Similar Use Determination /CUP soil remediation case, and the CUP for the Koniag Karluk cabins. COMMITTEE MEMBER ROHRER MOVED that under 17.80.050.F -H that we make the recommendation that we add language for H that says a hoophouse must go through the Zoning Compliance process if it exceeds 120 sq. feet. ROLL CALL VOTE ON MOTION FAILED 2 -5 DUE TO A LACK OF QUORUM. The nays were Alan Torres and Oliver Holm. The ayes were Sonny Vinberg, Dan Rohrer, Janet Buckingham, Ted Panamariof, and Mark Anderson. COMMITTEE MEMBER TORRES requested all the zoning maps be included with the revised copy of the Draft Code, and stated he cannot and will not put his name on a cover letter without the maps. In response, Van Steenhuyse stated we don't want to go into the public meetings with all the zoning maps on the wall and have people focusing on where their property stands in the code revision. PAC Minutes Page 3 of 4 February 7, 2012 CHAIR VINBERG stated since the first meeting we have requested maps (prior use & proposed new use) to utilize. Discussion and consensus regarding the need for transparency so no one thinks the borough is being sneaky, the importance of providing maps (prior use & proposed new use), and the committee not being comfortable endorsing the Draft Code but they would be willing to have a memo containing the process and meetings held. NEW BUSINESS There was none. COMMUNICATIONS There was none. REPORTS The next PAC meeting will be scheduled after the public comment period. AUDIENCE COMMENTS Maria Painter stated she thinks it is shameful if information is withheld purposely from the public. The committee has been asking for maps from the start and LSL needs to provide maps as requested. There isn't anything so imminent that we have to rush this through. We need to do this right the first time. COMMITTEE MEMBER'S COMMENTS Alan Torres said all the public input tonight was awesome but through his involvement with public processes public continent will cone in at the end saying they were never notified or heard anything about it. Torres is also interested in seeing what info we will get from the Alaska State Vet. He has a 40,000 sq. foot lot and at times has had up to 100 chickens. Regarding Ms. Painter's comments that weren't addressed tonight, as long as the accessory dwelling unit isn't in a single family zoning district he doesn't have a problem with it. Janet Buckingham stated that almost 5 hours is too long, were tired. ADJOURNMENT COMMITTEE MEMBER ANDERSON MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR VINBERG adjourned the meeting at 10:20 p.m. KODIAK ISLAND BOROUGH PROJECT ADVISORY OM ITTEE By: . 11 / ll� �A III Sonny Vint)! 'g, Chair ATTEST By: c9:509 A On C'Sc Sheila Smith, Secretary Approved: March 5, 2012 PAC Minutes Page 4 of 4 February 7, 2012