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2015-02-18 Regular Meeting Kodiak Island Borough Planning and Zoning Commission Minutes February 18, 2015 6:30 p.m. in the Assembly Chambers CALL TO ORDER COMMISSIONER ARNDT called to order the February 18, 2015 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE COMMISSIONER ARNDT led the pledge of allegiance. ROLL CALL Requested to be excused are Pat Olsen. Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Maria Painter, and Scott Arndt. Excused was Pat Olsen. A quorum was established. Community Development Department staff present was Director Pederson, Jack Maker,, and Sheila Smith COMMISSIONER BALDWIN MOVED to excuse Pat Olsen. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the February 18, 2015 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER MOVED to approve the October 29, 2014, January 21, 2015, and February 4, 2015 Planning &Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS A) Items Not Scheduled for Public Hearing: Limited to three minutes per speaker. Local phone number: 486-3231 Toll Free phone number: 855-492-9202. Kyle Crow thanked the commission for their votes during the last meeting and he and the community appreciated it. He's been watching for any latest developments in the process of updating the existing codes. He is seeking any opportunity to contribute to that effort. PUBLIC HEARINGS Local phone number: 486-3231. Toll Free phone number: 855-492-9202. Limited to 3 minutes per speaker. A) Case15-012. Request a Conditional Use Permit to construct a hydroelectric power plant to serve the City of Old Harbor. The project will span across three C-Conservation zoned parcels and one R1-Single-family Residential zoned parcel (KIBC 17.50.040.H and 17.200.010). The applicant is Alaska Village Electric Cooperative, Inc. and the agent is Steve Gilbert. The location is within Sections 7, 17, and 18, T.34S, R.25W, and Section 12, T.34S, R.261N, Seward Meridian and Tract D, Old Harbor Subdivision, and the zoning is C-Conservation and R1- Single-family Residential. 2/18/2015 Page 1 of 6 P&Z Minutes Maker reported this Conditional Use Permit is to permit a 525 kilowatt hydroelectric power plant to serve the community of Old Harbor. Power in Old Harbor is currently provided by small diesel generators. This project will lower the cost of electricity by reducing the community's reliance on diesel fuel for power generation. The owners of all parcels included in this request will provide land for the project and have authorized the Alaska Village Electric Cooperative (AVEC) to act as their agent. AVEC will construct, own, operate, and maintain the facility. AVEC has applied for the required Federal Energy Regulatory Commission (FERC) License and conservation easement amendments, which must be approved before commencing construction. This hydroelectric project be will be constructed, operated, and maintained in compliance with FERC License requirements and all other federal, state, and local regulations. Environmental protection, mitigation, and enhancement measures will be implemented during project construction. During the P&Z work session the Commission requested that staff revise the conditions of approval to clarify easement and re-vegetation requirements and those revised conditions are included in the supplemental memo. Five public hearing notices were mailed on December 31, 2014. No public hearing notices were returned. Staff recommended approval subject to five conditions of approval. COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit to construct a hydroelectric power plant within portions of Sections 7, 17, and 18, T.34S, R.25W, Seward Meridian, Section 12, T.34S, R.26W, Seward Meridian, and Tract D, Old Harbor Subdivision, subject to five (5) conditions of approval 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. 15-012. Close regular meeting &open public hearing: Robin Reich, agent, spoke in support of the project. Kyle Crow spoke in support of the project. Close public hearing & open regular meeting: During discussion there was consensus for approval. CONDITIONS OF APPROVAL 1. This hydroelectric project shall be constructed, operated, and maintained in compliance with Federal Energy Regulatory Commission License requirements and all other federal, state, and local regulations. 2. The vegetation around the hydroelectric project shall be maintained to the maximum extent possible and areas disturbed during construction shall be re-vegetated as necessary, subject to any limitations set forth in applicable federal and state permits. 3. Should this project be abandoned for any reason, all visible improvements shall be removed and the affected areas shall be returned to their natural state within two years of abandonment. 4. This Conditional Use Permit shall not be effective until the Federal Energy Regulatory Commission (FERC) license and all applicable conservation easement amendments are approved. Copies of the FERC license and amended conservation easements shall be provided to the Community Development Department prior to issuance of zoning compliance. 5. Copies of all City of Old Harbor and Old Harbor Native Corporation utility easements granted for this project shall be provided to the Community Development Department prior to issuance of zoning compliance. FINDINGS OF FACT 1. This hydroelectric project will be constructed, operated, and maintained in compliance with Federal Energy Regulatory Commission License requirements and all other federal, state, and local regulations. Appropriate measures will be taken to minimize impacts to the surrounding area. The conditions of approval should further ensure that this project will have 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. 2/18/2015 Page 2 of 6 P&Z Minutes 2. This conditional use is consistent with the 2008 Comprehensive Plan and satisfies all requirements of the C-Conservation and R1-Single-family Residential zoning districts. 3. This hydroelectric project will be constructed on large vacant or minimally developed parcels that provide sufficient setbacks, buffers, and other safeguards between the project and the surrounding area. 4. This hydroelectric project is located in a manner which will maximize public benefits. The project will lower the cost of electricity in the community of Old Harbor by reducing the community's reliance on diesel fuel for power generation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 15-013. Request a Conditional Use Permit to establish a Bed and Breakfast with up to two guest rooms on an R1-Single-family Residential zoned parcel (KIBC 17.75.030.0 and 17.200.010). The applicant is Charles & Keri Freeburg. The location is 557 Eli Waselie Circle, and the zoning is R1-Single-family Residential. Maker stated this request will permit a Bed and Breakfast (B&B) with two guest rooms on an R1 zoned Lot. Bed and Breakfasts are listed as a conditional use for R1 zoning. This B&B has been in operation since August of 2014 with no noted negative impacts to the surrounding area. The applicant has obtained a State business license, a Borough transient accommodations tax account, has joined a local business association, and has advertised the availability of services. This B&B is located within a single-family residence on a large (18,398 sq. ft) R1 zoned lot. The structure meets the setback requirements for R1 zoning. The driveway accommodates the required off-street parking and has room for additional parking if needed. Forty-six public hearing notices were mailed on December 31, 2015. Two public hearing notices were returned. Staff recommended this request be approved. COMMISSIONER SCHMITT inquired about Transient Accommodations certificate issued in August, and if there is any communication between the Finance Department and Community Development regarding these issues. Maker stated not with the Finance Department notifying us although there have been times when the Code Enforcement Officer has done reviews to check up on B&B's that do have the Transient Accommodations Tax Accounts to ensure they have zoning compliance also. Director Pederson stated we're going to discuss with Finance for that to be part of their process to verify zoning compliance when issuing transient tax licenses. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit to establish a Bed and Breakfast with up to two guest rooms on Lot 10, Block 3, Spruce Cape Subdivision (KIBC 17.75.030.0 and 17.200.010) 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. 15-013. Close regular meeting & open public hearing: Chastity McCarthy, Discover Kodiak Director, spoke in support of this request. Kim Bunch, neighbor, spoke in support of the request Keri Freeburg, applicant, spoke in support of the request. Close public hearing & open regular meeting: During discussion there was consensus to support this request. FINDINGS OF FACT 1. This B&B is housed in a single-family residence. The residence is on a large lot located near the entrance to the subdivision. This location provides for a negligible increase in local traffic level. The lot provides ample off-street parking. This B&B has operated since August of 2014 with no noted 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 R1-Single-family Residential zoning district and the additional Bed and Breakfast off-street parking requirements. 2/18/2015 Page 3 of 6 P&Z Minutes 3. The residence that houses this B&B meets the setback requirements for R1 zoning. Although screening is not a performance standard for B&B's, the lot does contain natural vegetation and trees that provide additional buffers and visual barriers. These features, combined with the large lot size, should provide for more than adequate setbacks, buffers, and other safeguards between the B&B and the surrounding area. 4. This conditional use permit is not for a public use or structure. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case S15-013. Request a preliminary approval of the replat of Sub Lots 26, 27, and 28 of Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite, vacating portions of road rights-of-way and creating Lot 28A of Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite (KIBC 16.40 and 16.60). The applicant is the Anchor Apartments LLCICity of Kodiak. The location is 311 Thorsheim Street, and the zoning is B-Business. Maker stated this request was initiated by the City of Kodiak to replat East Hillcrest Street right-of- way to correspond to long standing existing conditions. A portion of East Hillcrest Street is constructed on B-Business zoned property owned by Anchor Apartments, LLC. Anchor Apartments has agreed to dedicate the affected portion as right-of-way. In exchange, the City has agreed to vacate undeveloped portions of East Hillcrest Street and Thorsheim Street rights-of-way and incorporate them into the remainder of the Anchor Apartments property to create Sub Lot 28A. This lot meets the lot design and improvement requirements of KIBC 16.40.040 Forty-six public hearing notices were mailed on December 31, 2014. No public hearing notices were returned. Staff recommends approval subject to one condition of approval. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the replat of Sub Lots 26, 27, and 28 of the Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite, vacating portions of road rights-of-way and creating Lot 28A of the Thorsheim Subdivision of Lot 18, Block 16, Kodiak Townsite (KIBC 16.40 and 16.60), subject to one (1) condition of approval and to adopt the findings in the staff report entered into the record for this case as "Findings of Fact"for case S15-013. Close regular meeting & open public hearing: Mark Kozak, agent, spoke in support of this request. Close public hearing & open regular meeting: Discussion CONDITIONS OF APPROVAL 1. The Final Plat shall comply with the requirements of Chapter 16.50 (Final Plat) of the Borough Code and shall depict the technical corrections listed in the staff report entered into the record for Case No. S 15-013. FINDINGS OF FACT 1. This plat meets all standards of Chapter 16.40 (Preliminary Plat) of the Borough Code. 2. This plat meets all requirements of Title 17 of the Borough Code. 3. This plat provides a vacation and replat of land that is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 15-014. Request a variance to construct an accessory building that will encroach 5 feet into the required 10 foot rear yard setback on Lot 4, Powell Estates Subdivision (KIBC 17.195, 17.160.060, and 17.85.040.C). The applicant is Gary E. Salter and the agent is Ryan Sharratt. The location is 3534 Sharatin Road, and the zoning is 1113-Multi-family Residential. Director Pederson stated this afternoon the applicant requested this be postponed until next month to allow for additional information to be provided. 2/18/2015 Page 4 of 6 P&Z Minutes COMMISSIONER PAINTER MOVED to postpone the public hearing for Case No. 15-014 to the March 18, 2015 Planning and Zoning Commission regular meeting. Close regular meeting & open public hearing: There was no public testimony. Close public hearing & open regular meeting: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A) January Planning and Zoning Results Letters B) Letter of Courtesy and Advisory dated 1-23-2015 COMMISSIONER SCHMITT MOVED to acknowledge receipt of the communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • March 11, 2015 work session-6:30 p.m.-K1B Conference Room • March 12„ 2015 Planning &Zoning/Assembly Joint Work Session-7:30 p.m.- KIB Conference Room • March 18, 2015 regular meeting-6:30 p.m.-Assembly Chambers B) Abbreviated & Final Approvals -Subdivisions COMMISSIONER SCHMITT MOVED to acknowledge receipt of the reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Local phone number: 486-3231, Toll Free number: 855-492-9202. Limited to 3 minutes per speaker. Kyle Crow stated he came to hear Case 15-014. When he reviewed this case he seen another example of an abuse; an abusive, mean, and arbitrary determination made by the Kodiak Island Borough Planning and Zoning Department, and he recommended that the commission unanimously vote to approve the applicant's request. The applicant requested to build a small shed and locate it within the ten foot rear yard setback where he believed it best situated. The department believes it should be located elsewhere and justifies their objection with the finding of fact #4-Granting the variance request would remove the balance between adopted community objectives and values vis- a-vis private property interest for the sake of a desire, not a need and will be contrary to the Comp Plan. Crow said it appears the department's determination is nothing more than a mean and arbitrary opinion. The property is encumbered with topography challenges that limit the applicant's options. The department shrugged this off by explaining that the topography problem exists throughout the neighborhood and is not unique to this applicant. The property owner's right to choose and decide where best to locate his accessory structure should be respected and valued, and carry significantly more weight than that of the planning staffs suggested alternatives. Denying the request provides no tangible benefit to the community and neighborhood, and causes an unnecessary resentment and animosity between the community and the department. The department states that granting the variance should somehow go against the contemporary community values and objectives expressed as horizontal separation distances, and because of that 2/18/2015 Page 5 of 6 P&Z Minutes it would be contrary to the Comp Plan. He sees this as nothing but bureaucratic BS to justify their bullying of a private property owner. He hopes and trusts the commission will make the right decision and grant the applicant's request next. Crow is sorry that the applicant will spend more time and lose more sleep over this issue which seems to be a fairly simple matter. STAFF COMMENTS Director Pederson stated in March you will start the CIP discussion. He also has an outline for the commission on the planning efforts that we're going to be working forward on for the Woody Way Loop property. COMMISSIONER COMMENTS Alan Schmitt said he's pleased to see the CIP list earlier because it takes a little more time to think through it and not be rushed. Given the way the State budget is going to look for the next few years it seems that it's a good idea to try to hone things down. He heard that folks are willing to help with whatever will happen with the code, Schmitt has no idea what's going to happen but it will happen at a public meeting. Perhaps on the March agenda we can have the Parks and Recreation Committee alternate. The assembly will most likely appoint someone to the vacant seat tomorrow night which will get them back to a quorum. It would be good to have an alternate. Maria Painter thanked Kyle Crow and Neal Cooper for attending many meetings. She appreciates them sharing their input. She also thanked Ron Painter for attending the meetings. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT adjourned the meeting at 7:16 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI SION By: J rs Scott Arndt, Chair ATTEST By: �^ I Sheila Smith, Secretary Community Development Department APPROVED: April 15, 2015 2/18/2015 Page 6 of 6 P&Z Minutes