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2013-08-21 Regular Meeting RECEIVED Kodiak Island Borough NOV 8 2013 Planning & Zoning Commission AA MINUTES BOROUGH CLERKS OFFICE C KODIAK,ALASKA August 21,2013 6:30 p.m.in the Assembly Chambers CALL TO ORDER Call to order the August 21, 2013 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 was Frank Peterson and Rick Vahl. Commissioners present were Alan Torres, Alan Schmitt, Kathy Drabek, and Jennifer Richcreek. A quorum was established. Community Development Department staff present was Bob Pederson and Sheila Smith. Also present was Bob Scholze, Borough Resource Officer. COMMISSIONER SCHMITT MOVED to excuse Rick Vahl and Frank Peterson. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the August 21, 2013 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the June 19, 2013 & the July 17, 2013 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQESTS Alana Tousignent stated Chiniak has been in need for a playground for quite some time. She did the research and working with different shipping companies to put together a comprehensive cost of what the project would be approximately and provided it to the secretary to forward on to the Assembly. PUBLIC HEARINGS A) Case S13-029. Request preliminary approval, according to KIBC16.40, of the subdivision of Tract E of Supplement Cadastral Survey Plat within un-surveyed Sections 19, 30, and 31 of Tract D, Township 27 South, Range 9 West, Seward Meridian, creating Lease Lot E-1 of Tract E of the Supplemental Cadastral Survey Plat within un-surveyed Sections 19, 30, and 31 of Tract D, Township 27 South, Range 9 West, Seward Meridian. 8/21/2013 P&Z Minutes Page 1 of 6 The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Officer. The location is North of Pillar Creek and the zoning is W-Watershed. Pederson reported this platting action gives the final form to implement the land disposal that the borough entered into with the Kodiak Regional Aquaculture Association and the city in getting the boundaries squared up with the disposal and the actual leased Tract for the Hatchery. In response to COMMISSIONER DRABEK's inquiry of the difference between the staff report guidance of the description of the lot, it's different from what we received last week, Pederson said we cleaned the motion up for simplicity. It was very wordy and Scholze recommended cleaning up the language. COMMISSIONER SCHMITT MOVED to grant Preliminary approval, according to KIBC16.40, of the subdivision of Tract E of Supplement Cadastral Survey Plat within un-surveyed Sections 19, 30, and 31 of Tract D, Township 27 South, Range 9 West, Seward Meridian, and of Lot 1 Tract C of BLM Tract D (Plat91-31), within un-surveyed Sections 19, 30, and 31 of Tract D, Township 27 South, Range 9 West of the Seward Meridian, Alaska, creating Pillar Creek Hatchery Tract, and Lot 1A, Tract C of BLM Tract D, and the remainder of Lot E BLM Tract D, and, to adopt those findings of fact as presented in the staff memorandum dated August 9, 2013, as Findings of Fact for Case No. S13 - 029. The public hearing was opened. Public testimony was given by: Kevin Brennen stated he was here to answer any questions and offer support. The public hearing was closed &the regular meeting was opened. COMMISSIONER SCHMITT stated that looking at the plat on the ipad so when he enlarges it to read it gets really blurry. Perhaps there could be a separate page that gives the title information. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED 4-0. B) Case 14-001. Request a rezone, pursuant to KIBC 17.205, to rezone ± 0.78 acres from R1- Residential One to the R-3 — Residential Three zoning district for Lots 1 through 4 and 5A, Block 14, Aleutian Homes Subdivision. The applicant is the Saint James Episcopal Church, Diocese of Alaska and the agent is David Nesheim. The location is 415 & 421 Thorsheim Street and the zoning is R1-Residential One. Pederson reported this rezone is for 5 lots from the R1-Single-family zoning district to R3-Multi- family zoning district. The primary reason is to utilize the home on the largest of the 5 lots for some housing options for part of their ministry at that church and this rezone would allow that to be accommodated through the building permit process. At the work session Martin Lydick and himself both talked about the future need to replat to address the property line concerns and avoid the need for a variance should they decide to convert the single family home into a duplex or something more if parking would allow. In response to COMMISSIONER RICHCREEK'S inquiry regarding what is the procedural process 8/21/2013 P&Z Minutes Page 2 of 6 for if the motion carries and moves forward, are they immediately in a non-conforming situation because of the parking and street access or is that part of the process to move it forward, Pederson stated it's non-conforming now, both the church building is built over 4 property lines and the existing home is non-conforming with respect that the driveway access for the parking is on a different lot than the home itself. Rezoning this property will not change these non- conformities. When the church goes to get a building permit, if they want to convert that home to a duplex then they will need to address the additional parking for that structure. A replat would put the driveway on one lot and that non-conformity regarding the access location would go away. In response to COMMISSIONER RICHCREEK'S inquiry of is there a reason why since the home is looking to be the living dwelling is all contained on 1 lot, is there a reason why the applicant is asking for all 5 lots to change versus the 1 lot that encompasses the residential area, Pederson said if there was he wasn't here when they had those discussions. CHAIR TORRES stated if they asked to rezone just the single house it would fall into spot zoning. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of ±- 0.78 acres from R1-Single-family Residential to the R3-Multi-family Residential zoning district for Lots 1 through 4 and Lot SA, Block 14, Aleutian Homes Subdivision, and to adopt the findings of fact as presented in the staff memorandum dated August 9, 2013, as Findings of Fact for Case No. 14-001. The public hearing was opened. Public testimony was given by: David Nesheim stated he was the agent for this request and was available for questions. In response to COMMISSIONER RICHCREEK'S inquiry of does he plan to replat and if so what is his proposal for the replat looking into the future, Nesheim stated he has a surveyor there now looking at the property, what it looks like is we need to vacate the interior lot lines to make it one lot which is the easiest thing to do. We will hopefully be moving on that as soon as possible. Penni Lampl from the Women's Resource Center spoke in support the Saint James Church rezone. The public hearing was closed and the regular meeting was opened. During discussion COMMISSIONER SCHMITT brought it to the commission's attention that the request would make it consistent with the property on the uphill side of the subject lots. The area has a variety of different zonings around it but it won't be spot zoning or inconsistent. COMMISSIONER SCHMITT and COMMISSIONER RICHCREEK applauded the applicant for finding a solution to a shortage of affordable housing in the community. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and lustification for a Change or Amendment. The applicant has identified under-utilized residential square-footages and a change in zoning will allow the applicant to maximize the utility of that asset. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change in zoning from R1-Single-family Residential to R3-Multi-family Residential would work to implement stated goals contained the applicable comprehensive plan. 8/21/2013 P&Z Minutes Page 3 of 6 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED 4-0. OLD BUSINESS There was no old business. NEW BUSINESS A) Discussion of the FY2014 CIP List Pederson stated you received an updated FY2014 CIP List today of the draft list distributed at the work session which the language has been tweeked regarding the Tustamena replacement. There's been a large amount of discussion around the community. He wanted to thank COMMISSIONER PETERSON who helped with some of the wording and the all the parties involved and the Anton Larsen Ice Free Water trying to identify all the parties and also some of the other parties that may partner some of the funding of that in the future if this project is awarded. The other change from what was talked about last week he thanked COMMISSIONER DRABEK for taking the lead on working on the Chiniak Playground Equipment item. We put a plug number of $100,000 and changed the wording a little. Part of what we didn't know last week was the equipment and costs associated with that. He made the change that COMMISSIONER DRABEK identified. In response to COMMISSIONER SCHMITT'S inquiry of there not being a dollar amount for the Antone Larsen Road Extension, Pederson stated it's the great unknown. The focus on this is the pre-planning, the initial design, and working with the route selection and those sorts of things. In response to COMMISSIONER SCHMITT's inquiry of is it the intent that we are just looking at this tonight and well act on it at the next meeting, Pederson stated it would be our hope that there would be a motion tonight. It's his understanding the Assembly is taking action on this the day after your next regular meeting. We want to make sure to get it in early so it gets into the Governor's budget. In response to COMMISSIOENR DRABEK'S inquiry about it was her understanding that the commission would address this at the September 12th meeting, Pederson stated that would be the work session and the regular meeting on September 18th. COMMISSIONER RICHCREEK stated she appreciated the Monashka Bay Utility Installation being added, she can see that fulfilling multiple uses for needs in the community with taking care of water quality issues and also taking care of the potential future housing opportunities out there. CHAIR TORRES stated in past years there's been no priority order for the list. COMMISSIONER SCHMITT MOVED to adopt the Kodiak Island Borough Planning & Zoning Commission Resolution FY2014-03. ROLL CALL VOTE ON MOTION CARRIED 4-0. COMMUNICATIONS A) Planning& Zoning Results Letters - July 17, 2013 B) Fence Removal Final Request Emails 8/21/2013 P&Z Minutes Page 4 of 6 C) Notice of Violation dated July 24, 2013 D) Ordinance No. FY2014-06 Case 13-029 Notice from Borough Clerk's Office E) Ordinance No. FY2014-05 Case 13-028 Notice from Borough Clerk's Office F) Ordinance No. FY2014-04 Case 13-027 Notice from Borough Clerk's Office Pederson said he doesn't have a report but we went over the list at the work session and he doesn't have anything further to report. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • August 24, 2013 Planning & Zoning Code Revision Project work session at 8:30 a.m. in the Kodiak Fisheries Research Center Main Conference Room • September 11, 2013 Planning & Zoning work session at 6:30pm in the KIB Conference Room • September 18, 2013 regular meeting at 6:30pm in the Assembly Chambers Pederson told the commission to bring their ipads to the Code Revision work session because they want to talk about the next steps in scheduling for the Code Update Project, and looking ahead we only have a couple of items at the September meeting and even though Pederson won't be there Martin Lydick could be there to cover it. Pederson is thinking it would be appropriate to place the Code Updates on that work session to make use of some of the time to continue to work through those documents. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Alana Tousignent stated if there's anything she can do to clarify any confusion in the documents that she submitted or anything she can do to help make this work she would be happy to. CHAIR TORRES suggested she attend and give testimony at the Assembly's work session on September 12th and at the September 19th Assembly meeting since the OP List will be on their agenda. He also stated they do have public comments at their work sessions so it would be a good to communicate at both meetings. Ms. Tousignent gave her copy to Sheila Smith, the Secretary, so Smith told her she would make a copy to pass along to the Clerk's Office. COMMISSIONER'S COMMENTS Kathy Drabek thanked Ms.Tousignent for coming in representing the project. Alan Schmitt stated he appreciates getting the community running as Ms. Tousignent was willing to do. Schmitt said he's been working through the hard copies of the code revisions and he appreciates Pederson's thoughts and comments. It will be an interesting discussion and it's good to have an off island/on island perspective on some of the issues coming up. The idea of getting multiple packets is a problem for him re: the ipads, and he reiterates getting some help to help organize files within iannotate because there are so many of them and he's tried to figure out how to do it but it's beyond his abilities. Particularly when we get multiple packets and they all 8/21/2013 P&Z Minutes Page 5 of 6 have the same name. He will be at the work session next month but not the regular meeting and then in October he won't be here for the work session but will be here for the regular meeting. Alan Torres said he got Title 17 yesterday and he said a lot of the Title numbers and paragraph numbers don't line up with the Chapter numbers. Kathy Drabek stated she knows they've spent a lot of time going over the Titles and fortunately we only had a couple of cases this meeting. She reiterated what Alan Schmitt said about all the multiple files and something needs to change because it's hard to wade through. She also stated that when she calls Community Development Department which she's brought this to the attention at other work sessions before that one cannot still, after 6 months and she understands it goes well beyond that, leave a message for Sheila Smith. You can't access her voicemail; if she's there she answers but if she's not you can press zero like you are guided to do but you get nowhere and she's such an integral part to our communication that Drabek finds it very frustrating. Pederson stated he will pass that along. Smith stated this has been going on for 4 years or more and has been brought to 1T's attention a number of times. Anyone with a cell phone that she has called tends to call and leave a message on her voicemail because that's the number left on their phone. Other than that it doesn't happen to every phone call but a lot of them do not go through to voicemail. Smith also explained that in their dropbox is individual agenda items and then there is 1 complete packet with everything together. CHAIR TORRES said the problem is with all the update, when we look at them in our dropbox it adds another copy of that packet every time you replace a document. It goes along with what COMMISSIONER SCHMITT said earlier about being able to cleanup and have a filing system on this that works better.When you update the file it adds another file. Pederson said he will talk with Paul Van Dyke about this. There's got to be a better way to do it. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. CHAIR TORRES adjourned the meeting at 7:16 p.m. KODIAK ISLAND BOROUGH PLANNING &ZONING COMMISSION By: Alan Torres, Chair ATTEST By:ZSI,a Sheila Smith, Secretary APPROVED: September 18, 2013 8/21/2013 P&Z Minutes Page 6 of 6