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2014-10-15 Regular Meeting Kodiak Island Borough RECEIVED - Planning & Zoning Commission Minutes DEC - 8 2014 October 15, 2014 6:30 p.m. n the Assembly Chambers 'OROUGH CLERK'S OFFICE CALL TO ORDER KODIAK,ALASKA CHAIR TORRES called to order the October 15, 2014 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 is Alan Schmitt due to being out of the country. Commissioners present were Alan Torres, Kathy Drabek, Jennifer Richcreek, Maria Painter, Scott Arndt, and Pat Olsen. Excused was Alan Schmitt. COMMISSIONER ARNDT MOVED to excuse Alan Schmitt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Bob Pederson, Martin Lydick, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the October 15, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the September 17, 2014, 2014 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Dave Conrad stated he was here to answer questions for the shelter. Steven Peters stated he was there to answer questions. Kurt Esveldt stated he was there to answer questions. Mike Killmine stated he was there to answer questions. Kyle Crow stated he was there to answer questions. PUBLIC HEARINGS A) Case15-005. Request a variance to construct an accessory building that encroaches 3 feet 6 inches into the required 5 foot side yard setback on Lot 39A, Block 19, Kodiak Townsite Subdivision (KIBC 17.195, 17.160.060, and 17.80.040.B). The applicant is Kyle Crow. The location is 410 West Rezanof Drive and the zoning is R2-Two-family Residential. Martin Lydick reported this request would allow the property owner to complete construction of a detached banya that encroaches 3 Yz feet into the required 5 foot side yard setback. Although the code allowed the property owner to construct the unenclosed and unroofed deck into the required 10/15/2014 P&Z Minutes Page 1 of 6 side yard setback, the conversion of the deck to serve as a foundation for the proposed detached banya, and the detached banya/storage building itself are excluded from allowable encroachments. The primary purpose of setbacks is to enforce separation distances between adjoining developments. Thirty-eight public hearing notices were mailed out and no written comments were returned. Staff recommends this request be denied and has offered an alternative motion with supporting findings of fact. In response to COMMISSIONER PAINTER'S inquiry if this is approved would it be affected by Fire Codes, Pederson stated the Fire Code applies to all construction in the borough and is enforced through the building permit process. COMMISSIONER ARNDT MOVED to grant a variance to construct an accessory building that encroaches 3' 6" inches into the required 5' side yard setback on Lot 39A, Block 19, Kodiak Townsite Subdivision (KIBC 17.195 and 17.80.040.B), Close regular meeting & open public hearing: Kyle Crow spoke in support of his request and read from the codes. In response to COMMISSIONER RICHCREEK'S inquiry regarding if the size of the banya could be reduced or extend the deck to move it over in order to accommodate the 5 foot setback, Crow said he could reduce the size of the banya or perhaps move it. In doing so he ends up creating this dead space where the setback is that will collect debris and be a space for rodents, and it's unusable for anything. COMMISSIONER ARNDT stated he would like to hear Crow's justification. In response to CHAIR TORRES' inquiry about in the drawings it looks like it's a 140 sq. foot building, Crow said no, it's 120 or less. CHAIR TORRES stated in the application it shows a 10'x16' deck and it's showing a 10'x14' shed which is 140 sq. feet so you would require a building permit for this. Crow stated he knows he would need a permit if it's over 120 sq. feet and it would no longer be an accessory building. There is an error in the drawing. There were no objections to allow Mr. Crow to continue. Crow asked the commission to pause before deciding to determine whether granting this variance will cause any harm to this community and make your decision on that simple test. If approved he believes the commission can hold this up as an example of how the system is working to balance the needs of the community against the rights of every citizen and property owner. Close public hearing & open regular meeting: Discussion of setbacks, getting involved in the Code Update, variances are issued in specific conditions, moving the building or reducing the size to meet the setbacks, other accessory buildings having to be moved in the past, justifying less than a 5 foot side yard setback, sparks flying from the banya close to neighbor's house. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER RICHCREEK MOVED to adopt the findings of fact listed in the staff report entered into the record for Case No. 15-005 as "Findings of Fact" supporting the denial of this request. FINDINGS OF FACT 1. The subject parcel is encumbered by steep sloping topography that is similar to other R2 zoned parcels in the immediate neighborhood. Although the topography does limit the practical placement of buildings, the applicant was able to construct the existing deck to serve as the foundation for an accessory building. That deck could have been constructed an additional 3.5' 10/15/2014 P&Z Minutes Page 2 of 6 from the side property line, which would have allowed the project to meet the side yard setback requirement. 2. The strict application of code would require modification of the deck or a reduction in the size of the accessory building. The noted development constraints of the parcel would have a negligible effect on the applicant's ability to perform either of those actions and bring the project into compliance with the setback requirement 3. Granting the variance has the potential to negatively impact safety and result in material damage and prejudice to the adjoining property. Placement of the accessory building 1.5' from the property line would increase the potential for the spread of fire and water run-off onto the adjoining property. Such placement of the building would also reduce privacy and could require access from the adjoining property for safe and proper maintenance of the building. 4. Granting the variance would not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guideline that does not specifically address the issue of variances. 5. The applicant is requesting relief from a self-imposed inconvenience. The deck that was constructed to serve as the foundation for the accessory building was placed too close to the side property line. 6. An accessory building is a permitted land use in the R2 zoning district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 15-006. Request a Site Plan Review for the construction of an addition to the Womens Bay Fire Hall (KIBC 17.130.020). The applicant is the Kodiak Island Borough and the agent is Jenson Yorba Lott, Inc. The location is 538 Sargent Creek Road and the zoning is PL-Public Use Lands. Lydick reported a site plan review by the commission for the construction of a public use facility is required per KIBC 17.130.020, and is focused on the proposed addition of a 3,300 sq. foot addition to the existing fire hall and upper floor dwelling unit. The purposed uses of the proposed addition of a day room are not illustrated in the application and additional inquiries of actual use may be in order. Staff reviewed the materials submitted and have determined that the minimum requirements for commission review have been met. Nine public hearing notices related to this request were mailed and no written comments were returned. Staff recommended approval of this site plan subject to 1 condition of approval. In response to COMMISSIONER PAINTER'S inquiry if there is a flood hazard for this area and is this in a potential flood plain, Pederson stated the Kodiak Island Borough does not participate in the National Flood Insurance Program therefore there are no flood insurance rate maps for the borough. Pederson doesn't anticipate any problems for this project. COMMISSIONER ARNDT MOVED to approve the site plan for the construction of an addition to the Womens Bay Fire Hall per KIBC 17.130.020, subject to one condition of approval, and to adopt the findings of fact in the staff report dated October 3, 2014, as findings of fact for Case No. 15- 006. Close regular meeting & open public hearing: No public testimony. Close public hearing & open regular meeting: In response to CHAIR TORRES' inquiry if Dave Conrad had ever seen this lot flood, Conrad stated no, it has not. CONDITION OF APPROVAL 1. The developer is required to submit a parking plan that conforms to the standards of Kodiak Island Borough Code 17.175.080. 10/15/2014 P&Z Minutes Page 3 of 6 FINDINGS OF FACT 1. The proposed use, community building and hall, is a permitted use in the zoning district. 2. The existing and proposed uses are dedicated to public purposes. 3. The site plan details retention of native vegetation and the provision of adequate parking for the public use purpose. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Case 15-002. Request a Variance to reduce the required off-street parking from 74 spaces to 26 spaces (KIBC 17.195 and 17.175.040.A). The applicant is Trident Seafoods and the agent is Kurt Esveldt. The location is 105 Marine Way and the zoning is I-Industrial. Lydick reported at the September 17, 2014 regular meeting the commission voted to grant a variance related to driveway width, and postponed action on the request for a parking variance awaiting further investigation. Staff received additional explanatory information related to the applicant's parking study submitted at last month's meeting. The borough and property owner have been able to identify a method whereby the property owner could begin the redevelopment of the property that does not rely upon the requested parking variance. Reducing the total gross square footage of the new building by almost totally eliminating the second floor of the structure, and by utilizing existing parking allowances in the zoning code the project was permitted and allows the property owner to remain on construction schedule. The new building is designed to easily accommodate a 2nd floor of processing space in the future. However, this expansion relies on the eventual grant of a parking variance under the current code, or perhaps a reduced parking requirement under the proposed code. Staff prepared an alternate motion reducing the required spaces to 37 and has included amended findings of fact supporting the alternate motion. In response to COMMISSIONER RICHCREEK'S inquiry of would the 37 spaces accommodate the full 2 story proposed facility as far as code compliance and that level of square footage if the variance is granted, Lydick stated the requested variance to 37 spaces is the amount of parking that could be supplied on that particular site with the full building, both floors being constructed and occupied. COMMISSIONER ARNDT MOVED to grant a variance to reduce the required off-street parking for a seafood processing facility on Tract N-14, Alaska Tideland Survey 49, from 74 spaces to 26 spaces (KIBC 17.195 and 17.175.040.A); and to adopt the findings of fact listed in the supplemental staff memorandum entered into the record for this case and accept the one condition of approval and the corrections to the findings of fact number 2 and 3 changing the 37 spaces to 26 spaces. Discussion regarding going from 74 spaces to 26, the under-utilized spit parking lot, Shelikof public parking, the convention center parking variance, precedence setting, consistency of parking variances, downtown parking exemption area, no parking problem downtown, the net positive benefit of bringing a new seafood processing facility to Kodiak outweighs any potential negative impact of a parking space constraint, allowing the two-story building to be built, the parking variance being consistent with relief granted to others, and by granting the variance substantial relief would be given to property owners and allow the project to move forward as proposed benefiting the community. CONDITION OF APPROVAL 1. The developer shall submit a parking plan that complies with all Kodiak Island Borough Code Chapter 17.175 requirements that have not been relieved by the granting of a variance. FINDINGS OF FACT 1. There are exceptional conditions applicable to the proposed fish processing facility that may not be applicable to other local fish processing facilities. This facility will utilize state of the art 10/15/2014 P&Z Minutes Page 4 of 6 technology and be operated in conjunction with the applicant's adjacent plant, which will allow the facility to be operated with a smaller workforce. Many of the workers will also reside in nearby housing that is owned by the applicant. These unique factors will reduce the number of employees that need to commute to the facility in vehicles, thus reducing the demand for off- street parking. 2. The strict application of off-street parking requirements would require a large portion of the site to be dedicated to parking when actual demand is limited. The applicant's parking analysis provides sufficient evidence of a reduced off-street parking demand. Reducing required off- street parking to 26 spaces will satisfy the projected demand. 3. Granting the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, or general welfare. The applicant has adequately demonstrated that 26 spaces will satisfy the actual off-street parking demand for this site. The proposed facility meets all other requirements of current zoning code. 4. Granting the variance is consistent with certain Comprehensive Plan goals and objectives intended to support the fishing industry and local economy. 5. The applicant did not cause the special conditions or inconvenience from which relief is being sought. The applicant's parking analysis demonstrates that there are unique factors that reduce the off-street parking demand for the proposed facility. Borough code does not consider such factors in calculating the number of required off-street parking spaces; therefore, the number of spaces required by that code exceeds the actual parking demand for the proposed facility. 6. Granting the variance will not permit a prohibited land use in the district involved. ROLL CALL VOTE CARRIED UNANIMOUSLY. NEW BUSINESS None COMMUNICATIONS A) September 17, 2014 Planning and Zoning Case Results Letters B) Notice of Violation dated September 22, 2014. COMMISSIONER ARNDT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • October 22, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers • October 29, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers • November 5, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers • November 12, 2014 Work Session-6:30 p.m. in the KIB Conference room • November 19, 2014 Regular Meeting-6:30 p.m. in the Assembly Chambers Pederson stated this Friday we will be posting comments we received giving them as one packet. COMMISSIONER SCHMITT submitted comments showing typos also. You will get a supplemental staff report prior to that November 5th meeting of all the things highlighted in the big staff report you've already seen. It's a blueprint or map if you will as we work through the deliberation phase after the close of public hearings. The Code Reviser Service has looked at the code and he has their changes. This is normally done after the assembly adopts it and is normally done by the code reviser. We could wait until after the commission has taken action and adoptions because you may change or eliminate things. Pederson also stated that COMMISSIONER SCHMITT, in anticipation of his absence, submitted some comments which a lot of it is correcting typos. 10/15/2014 P&Z Minutes Page 5 of 6 COMMISSIONER ARNDT said we are taking testimony and if COMMISSIONER SCHMITT submitted testimony in his absence we should accept it but we aren't acting on anything at this time. COMMISSIONER PAINTER said she doesn't see a problem as long as it doesn't change the intention. COMMISSIONER RICHCREEK didn't see a problem with it. B) Minutes of Other Meetings None C) Abbreviated & Final Approvals - Subdivisions COMMISSIONER ARNDT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None STAFF COMMENTS None COMMISSIONER COMMENTS Alan Torres said the convention center parking variance case was right before he got on the commission. Torres also informed the commission that he is resigns from the commission. He will bring a resignation letter to the Assembly tomorrow ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 7:36 p.m. KODIAK ISLAND BOROUGH PLAN NG AND ZONIN - - •MMISSION By: vat Alan Schmitt, Vice Chair - ATTEST: By: � ,hoOn.1\j J, Sheila Smith Community Development Department APPROVED: November 19, 2014 10/15/2014 P&Z Minutes Page 6 of 6