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2014-12-17 Regular Meeting RECEIVED- Kodiak Island Borough , Planning & Zoning Commission Minutes BOROUGH CLERK'S OFFICE KOMAK,ALASKA December 17,2014 6:30 p.m. in the Assembly C am iers CALL TO ORDER VICE CHAIR SCHMITT called to order the December 17, 2014 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Requested to be excused are Jennifer Richcreek, Pat Olsen, and Kathy Drabek. Commissioners present were Jay Baldwin, Alan Schmitt, Maria Painter, and Scott Arndt. Excused were Jennifer Richcreek, Pat Olsen, and Kathy Drabek. Community Development Department staff present was Director Pederson, Jack Maker, and Sheila Smith. COMMISSIONER ARNDT MOVED to excuse Jennifer Richcreek, Pat Olsen, and Kathy Drabek. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the December 17, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the October 1, 2014, October 22, 2014, and November 19, 2014 Planning &Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS A) Case 15-010. Request a Conditional Use Permit to establish a lodge with provisions for up to fifteen (16) clients on a C-Conservation zoned parcel (KIBC 17.200.010 and 17.50.040.13). The applicant is Denise May. The location is NHN Litnik-T24S, R21W, Seward Meridian, TL3001. The zoning is C-Conservation. Maker reported this conditional use permit is for establishment of a lodge with provisions for up to fifteen clients. The five acre parcel is on Afognak Island near Litnik. The current zoning is Conservation. Lodges with provisions for more than six clients are listed as a conditional use in Conservation zoning. A lodge with provisions for six clients, which is a permitted use in C zoning, has operated on the site for several years. Approximately three years ago, the applicant demolished one of the smaller lodge cabins and constructed a 1,100 square foot main lodge building that is capable of accommodating the increase in clientele. The lodge consists of a 1,100 sq. ft. main lodge building, a small cabin, a banya, three accessory buildings (sheds), and two outhouses. The applicant is an experienced lodge operator who also owns and operates Whale Pass Lodge, which has provisions for up to 15 clients, which is a permitted use in RD-Rural 12/17/2015 P&Z Minutes Pagel of 6 Development zoning. Both lodges consist of similar sized buildings and have operated for several years with no reported negative impacts to the surrounding area or public interest. Staff has determined that the lodge should be capable of accommodating the increase in clientele, while maintaining those same standards. Twenty-two public hearing notices were mailed out and no public hearing notices were returned. Staff recommends approval of this request. COMMISSIONER ARNDT MOVED to grant a Conditional Use Permit to establish a lodge with provisions for up to fifteen (15) clients on Section 30, T.24S, R.21W, Seward Meridian, TL3001 (KIBC 17.200.010 and 17.50.040.D) and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. 15-010. Close regular meeting &open public hearing: No public testimony Close public hearing & open regular meeting: Brief discussion FINDINGS OF FACT 1. The existing lodge and related structures should be capable of accommodating an increase in clientele from six to fifteen with no negative impacts to the value, spirit, character, and integrity of the surrounding area or harm to the public health, safety, convenience, or comfort. 2. The conditional use satisfies all requirements of the C-Conservation zoning district, including required yard setbacks, which provide for sufficient buffers and other safeguards between the lodge and adjacent parcels. 3. This conditional use permit is not for a public use or structure. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 15-007. Request a rezone of Lot 1, Alagnak Acres Subdivision from R2 Two family Residential to B-Business (KIBC 17.205.010). The applicant is Alagnak, Inc. and the agent is Mark Anderson. The location is NHN Cove Drive (between 2980 and 2044 Cove Drive). The zoning is R2-Two-family Residential. Maker reported this rezone request is a continuation of the applicant's effort to develop this site for business use. A loading dock that serves a warehouse on the adjacent Business zoned parcel is constructed on this site. The applicant wishes to construct a covered shelter over that loading dock. Although the nearby warehouse and loading dock are a permitted conditional use in Business zoning, they are not permitted in Two-family Residential zoning; therefore, a rezone to Business is required to accommodate the existing and desired development. As a precursor to this request, the Borough Assembly recently approved an amendment to the 2008 Comprehensive Plan Future Land Use Maps which changed the Future Land Use Designation from Rural Residential to Commercial/Business. This rezone is now consistent with the Comprehensive Plan and satisfies the requirements of Title 17. Should this rezone be approved, further action will be required by the applicant prior to commencing the proposed development. A replat of all or a portion of the subject parcel into the adjacent Business zoned parcel and a screening review will be required. Upon completion of those actions, zoning compliance may be issued for the existing loading dock and any future commercial development of this site. It's important to note that this rezone will not bind the applicant to the development proposed in the application or to the subsequent replat. The rezone will facilitate a replat, screening review, and issuance of zoning compliance that will bring the use of the parcel into compliance with Borough code. Thirty public hearing notices were mailed out and no public hearing notices were returned. Staff recommends that the Commission forward this rezone request to the Assembly with a recommendation for approval. 12/17/2015 P&Z Minutes Page 2 of 6 COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1, Alagnak Acres Subdivision from R2-Two-family Residential to B- Business and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. 15-007. Close regular meeting &open public hearing: Mark Anderson spoke in favor of the request and he had 3 points to make; 1. Lot 1 is not suitable for residential use because of its adjacent Business use property. 2. The cost for the company to change the plan of the building to accommodate any alternative is prohibitive to the tune of about $115,000 more than what they will spend on doing it the way requested. 3. He takes exception to the section on the staff report that talks about traffic impacts, he's gone to that website but he doesn't feel it's appropriate for Kodiak and the reference to rush hour and peak trips on Cove Drive are just inappropriate and it doesn't make sense. He appreciates that this excerpt was taken out of a previous staff report. There's 114 feet of road between the driveway on Cove Drive to the corner of Island Lake Road. This business use will impact a very minimal amount of road and other residences. He also objected to any kind of required screening review because the building has been operating that way for more than 15 years and had there been complaints this body would have heard about those complaints long before this. His goal is to as expeditiously move forward, build the cover over the warehouse loading dock so that the tenant can operate safely. In response to COMMISSIONER SCHMITT'S inquiry if Alagnak still plans to replat to make this one big lot, Anderson stated yes they are, he's waiting for tonight's decision to make application to vacate the lot line and proceed with a building permit to install the covering over the loading dock. In response to Anderson's inquiry of why it's of interest as a commissioner whether he's going to vacate the lot or not, COMMISSIONER SCHMITT stated because it will be possible for you to sell off that lot to someone else and have some other type of business doing business there. Anderson ensured that he isn't going to do that. In response to COMMISSIONER PAINTER'S inquiry to make certain that the property line to the south of the proposed rezone property is delineated in the replat, how can we be ensured that will be done, Director Pederson stated you can't, it's not appropriate to put a condition of approval on a rezone as a legislative action, and as a Business zoned property it could be conveyed our sold as a stand-alone lot as can any lot. Close public hearing & open regular meeting: Discussion of screening, R2 zone, and it being the third time this being before the commission. FINDINGS OF FACT 1. This rezone is consistent with recent Borough Assembly action approving a Comprehensive Plan amendment that changed the Future Land Use Designation of the parcel from Rural Residential to Commercial/Business. 2. This rezone will facilitate a replat, screening review, and issuance of zoning compliance to abate a long standing nonconforming use. 3. This rezone is consistent with the zoning of the lots to the south of this parcel. 4. This rezone is consistent with the objectives of the adopted Comprehensive Plan. 5. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 16-011. Request a Conditional Use Permit for non-recreational mineral extraction activities (gravel extraction) on a C-Conservation zoned parcel (KIBC 17.200.010 and 17.50.040.F). The applicant is the Department of Transportation & Public Facilities and the 12/17/2015 P&Z Minutes Page 3 of 6 agent is Jennifer Micolichek. The location is NHN West Rezanof Drive (across from Gibson Cove Road). The zoning is C-Conservation. Director Pederson reported that you have a memo in your packet with a recommendation to postpone this so it can be re-noticed. COMMISSIONER ARNDT MOVED to postpone the public hearing for Case No. 15-011 to the January 21, 2015 Planning and Zoning Commission regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 15-008. Request a Screening Review for outdoor storage and retail services on a B-Business zoned parcel. The applicant proposes a combination of natural rock formations and vegetation, berms, and chain link fencing with slats as adequate screening (KIBC 17.90.050.C). The applicant is Dayton Wandersee/Red Hook Construction. The location is 4545 Rezanof Drive and the zoning is B-Business. Maker reported this screening review is a required precursor to the applicant applying for zoning compliance to construct a coffee shop on this parcel. The southern property line of the parcel is adjacent to residential zoning and residential zoning is present across road rights-of-way to the southeast and southwest. When a business use is adjacent to residential zoning, Borough code requires the property owner to provide and maintain screening approved by the Commission. In addition to the proposed coffee shop development, staff has observed outdoor storage, maintenance shop, and office uses taking place on the parcel. No screening review was approved for those uses: therefore, they should also be considered during this review. The Commission recently denied a screening review for this site. In that case the applicant proposed no screening. The applicant now proposes a combination of natural rock formations, vegetation, berms, and chain link fencing with sight obscuring slats as adequate screening. Based on site visits, staff believes the proposed screening should prove adequate. Staff did note that the fence along the east property line encroaches onto the East Rezanof Drive right-of-way. Although verbal permission was granted for that encroachment, Borough code requires written permission. Should the proposed screening be approved, a condition of approval requiring the applicant to relocate the fence onto the subject parcel or provide written permission from the state authorizing the encroachment should be included. Thirty public hearing notices were and five public hearing notices supporting the proposed screening were returned. Staff recommends approval of the screening plan as proposed by the applicant, subject to one condition of approval COMMISSIONER ARNDT MOVED to approve the natural barrier and constructed fence screening option as proposed for a combination of outdoor storage and retail services on Lot 4, Block 5, Miller Point Subdivision (KIBC17.90.050 C), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 15-008 changing findings of fact No. 1 to read "The existing natural rock formations, vegetation, berms, and proposed chain link fencing should satisfy the screening performance standard of KIBC 17.90.050.C." COMMISSIONER ARNDT explained his reasoning for changing the motion stating he deleted the condition and in findings of fact No. 1 deleted "the slats" for safety reasons when pulling out onto Rezanof Drive. Commission discussion of the Right-of Way. Close regular meeting & open public hearing: Gena Diniega Wandersee stated she and her husband had initially proposed a combination of natural rock formation, vegetation, berm, and chain link fence with slats as adequate screening. After much thought they feel the rock formation, vegetation, and berms are adequate for screening_ Safety is their first concern and installing slats in the fence would create a hazard, it would be an exterior visual obstruction for both pedestrian and drivers. We all know the bike path is used by a 12/17/2015 P&Z Minutes Page 4 of 6 lot of people. Especially in the summer we see a constant stream of adults with kids on their bikes with their dogs, couples walking in the evening which goes past the front of their property. The DOT spent a lot of time and money over the summer trimming down the bushes and trees along Rezanof Drive on any State owned roadways where any visual obstruction on Rezanof existed. The front of their property was one of those areas where they trimmed brush from. Slats would be an obstruction of both drivers and pedestrians. Brechan was contracted by the borough to build that gabion wall in front of the property as a safety barrier from the rocks falling from the rock cliff that used to be there before the previous owner excavated that rock cliff. Red Hook felt that erecting a fence was an additional safety barrier between the pedestrians on the bike path and the equipment on the property which we are working on moving all construction items. Red Hook has been in contact with the State of Alaska for the use of the State Right-of-Way. She feels this screening review should have been resolved back in September because there were more comments and complaints about the noise from the heavy equipment and the visual appearance of the property that were made and she feels that those comments and complaints played a huge role in the decision for denying the request. There are no residential properties across the street on Rezanof Drive. As a business Red Hook wants that visibility and she requested the commission approve the screening review for outdoor storage. Close public hearing & open regular meeting: Discussion FINDINGS OF FACT 1. The existing natural rock formations, vegetation, berms, and proposed chain link fencing should satisfy the screening performance standard of KIBC17.90.050.C. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A) November Planning and Zoning Results Letters COMMISSIONER ARNDT MOVED to acknowledge receipt of communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • January 12, 2015 Code Update Special Meeting-6:30 p.m.-Assembly Chambers • January 14, 2015 Work Session at 6:30pm in the KIB Conference Room • January 21, 2015 Regular Meeting at 6:30pm in the Assembly Chambers • January 28, 2015 Code Update Special Meeting-6:30 p.m.-Assembly Chambers • February 4, 2015 Code Update Special Meeting-6:30 p.m.-Assembly Chambers Director Pederson stated that the citation process ordinance that went to the assembly in October is working through the court system (inaudible) as of yesterday citations (inaudible) motorized boats on Island Lake so those provisions of the code can be handled like a traffic ticket and if you don't pay the ticket you can tell the judge why you didn't pay it. Pederson also said all the updated documents for the Code Update are on the Code Update page on the website. He's drafting a 12/17/2015 P&Z Minutes Page 5 of 6 guide for the motions with respect to Title 18 and you should get tomorrow. You'll have elections for officers in January. Pederson will be on vacation starting Friday and returning January 5''. COMMISSIONER ARNDT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None STAFF COMMENTS None COMMISSIONER COMMENTS Jay Baldwin thanked everyone for the warm welcome and wished everyone a Merry Christmas. Maria Painter wished everyone a Meng Christmas and she welcomed Baldwin. Scott Arndt welcomed Baldwin and wished everyone Merry Christmas. Alan Schmitt stated commissioners need to think about having an alternate P&Z ex-officio member on Parks and Rec. Last night they announced they are down to the bare 4 members and need new members. They've been doing a lot of work and Schmitt's really been impressed. Several years ago they put together a Master Trails Plan for Kodiak that is part of the Comp Plan now. They've doing Trail Management Objectives for each trail segment. Recently they submitted an application for funding for a trail around Beaver Lake to make it into a pleasant hiking trail. One project that's already been to the commission and will be coming back to the commission is the creation of new lots around the Woody Way field. Parks and Rec is really excited about trying to more officially designate the ball field area as a recreational area, it's all zoned R2 right now. They have ideas for the remainder parcel. Schmitt welcomed Baldwin back, and he wished everyone a Merry Christmas. Scott Arndt stated regarding that Woody Way property, since we past the disposal he's seriously reconsidered his vote and he feels that we made a mistake in not requiring the entire parcel be looked at rather than piecemeal subdivision there was a 4 lot subdivision and then it was basically vacated and then it's being replatted. At this time, if and when the subdivision for the 9 lots comes forward he feels and plan should be developed for the entire parcel. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION VICE CHAIR SCHMITT adjourned the meeting at 7:40 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Alan Schmitt, Vice Chair ATTEST "" By: , --Sheil a Smith, ecretary Community Development Department APPROVED: January 21, 2014 12/17/2015 P&Z Minutes Page 6 of 6