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2015-06-17 Regular Meeting C .. �.... Kodiak Island Borough AUG 1i Planning & Zoning Commission Minutes Rt.UGH CUM'S OFMC June 17, 2015 Regular Meeting 6:30 p.m.- ssem yy Chambers CALL TO ORDER COMMISSIONER ARNDT called to order the June 17, 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 Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Maria Painter, Scott Arndt, and Greg Spalinger. A quorum was established. Community Development Department staff present was Jack Maker and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the June 17, 2015 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the April 15, 2015 & the May 20, 2015 Planning & Zoning Commission minutes. COMMISSIONER SCHMITT wanted to clarify in the April minutes in the ninth line down he makes reference to the December 6th meeting, it doesn't say the year and the context seems to indicate it is 2011 and it was actually 2007 when that occurred. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Items Not Scheduled for Public Hearing: Limited to three minutes per speaker. Local: 486- 3231 Toll Free phone number: 855-492-9202. State your name for the record, and print your name on the sign in sheet. None PUBLIC HEARINGS Limited to 3 minutes per speaker. Local: 486-3231. Toll Free phone number: 855-492- 9202 A) Case 15-018. Request a Variance to allow an accessory building to encroach 4 feet 8 inches into the required 10 foot side yard setback on Lot 2, Block 8, Miller Point Subdivision, First Addition (KIBC 17.195, 17.160.060, and 17.70.050.8). The applicant is William & Nancy Haag. The location is 3615 Antone Way and the zoning is RR1-Rural Residential One. 6/17/2015 P&Z Minutes Pagel of 7 Maker stated the applicants have withdrawn their request. B) Case. Request S15-021. Request preliminary approval of the subdivision of Lot 4A, Crestview Subdivision vacating portions of a utility easement and creating Lots 4A-1 and 4A-2, Crestview Subdivision (KIBC 16.40 and 16.60). The applicant is Teresa Kacalski. The location is 3259 Viewcrest Lane and the zoning is R2-Two- family Residential. Maker stated this plat subdivides an R2 zoned lot into two lots. Although only two lots are created, this plat vacates portions of a utility easement. The portions of the utility easement vacated by this plat contain no known utilities and serve no practical purpose. No review agency has expressed a need to retain them. Both proposed lots meet the lot area and width requirements for R2 zoning. Both lots are also served by existing city sewer and water connections and driveways. Existing buildings are located on both proposed lots. A single-family residence is situated on Lot 4A-1 and an accessory building is situated on Lot 4A-2. Both buildings meet R2 zoning setback requirements but an accessory building in the absence of a residence on Lot 4A-2 is contrary to the requirements of Borough code. The staff report recommends a condition of approval that will remedy this issue. The staff report also recommends a condition of approval to ensure required corrections are made to the Final Plat legal description. Staff has determined that this plat meets the minimum data and design requirements of chapter 16.40 of the Borough code. Fifty-three (53) public hearing notices were mailed. One (1) public hearing notice in support was returned. Staff recommends preliminary approval be granted, subject to the two (2) conditions of approval. At last week's Work Session, the Commission requested that condition of approval No. 1 be amended to increase the timeframe for the required removal or demolition of the accessory building on proposed Lot 4A-2 from six (6) months to twenty- four (24) months. That condition of approval has been amended and is included in motion listed in the supplemental staff report for this case. In response to COMMISSIONER PAINTER'S inquiry of the mobile home that's in the R2 District is non-conforming because there's not a mobile home use in R2 District but she was told by Director Pederson that it's grandfathered but once it's subdivided will they lose their grandfather rights or does it follow, Maker stated that a mobile home on individual lot outside of city limits is a single family residence and is permitted as such. You can place mobile homes on residential lots outside of the city limits. In response to COMMISSIONER PAINTER'S inquiry of the existing driveway she gathered it's shared and do they have a contract for driveway repairs if it's a shared drive, Maker stated it's 2 separate driveways, the mobile home at one time was located next to the accessory building and was later relocated to the position that it's in now on proposed Lot 4A-1. The driveway that goes to the accessory building used to serve the mobile home when they moved it a new driveway was placed. A mobile home park is not a permitted use in R2 zoning. COMMISSIONER PAINTER requested Maker to give her that code citing, Maker stated single family residences is permitted in R1, R2, R3, RR1, RR2, Conservation; all of the districts. It doesn't specify between a mobile home or a stick built residence. In response to COMMISSIONER SPALINGER'S inquiry of how far out are notices sent, Sheila Smith stated we go 500 feet and if it's remote it's further. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the subdivision of Lot 4A, Crestview Subdivision, vacating portions of a utility easement and creating Lots 6/17/2015 P&z Minutes Page 2 of 7 4A-1 and 4A-2, Crestview Subdivision (KIBC 16.40 and 16.60), subject to two (2) conditions of approval and to adopt the findings in the staff report entered into the record for this case as "Findings of Fact" for case S15-021. Close regular meeting & open public hearing: None Close public hearing & open regular meeting: CONDITIONS OF APPROVAL 1. The existing accessory building on Lot 4A-2 shall be removed or demolished within twenty-four (24) months of the Final Plat recording date. Should construction of a permitted residence commence within that timeframe, the building shall be allowed to remain on the property to be used within the scope of Chapter 17.160 (Accessory Buildings) of the Borough code. 2. The Final Plat Legal description shall be revised to read "Subdivision of Lot 4A, Crestview Subdivision, Plat 90-52, vacating portions of a utility easement and creating Lots 4A-1 and 4A-2, Crestview Subdivision" (KIBC 16.40.040.C). FINDINGS OF FACT 1. This plat meets the minimum data and design requirements of chapter 16.40 (Preliminary Plat) of the Borough code. 2. This plat vacates a portion of a utility easement that contains no known utilities and serves no practical purpose. No review agency expressed a need to retain that portion of the easement. 3. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. 4. The adopted conditions of approval should ensure that the Final Plat meets the standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 15-019. Request a Similar Use Determination that a women's emergency shelter is similar in use to the KIBC 17.25.030 definition of a boarding house (KIBC 17.15.090.A). The applicants are Priscilla Dawson/Kodiak Women's Resource Crisis Center. The location is 418 Hillside Drive and the zoning is R3-Multi-family Residential. Maker stated this similar use determination request for the proposed Kodiak Women's Resource Crisis Center (KWRCC) emergency shelter is similar in character and impact to a boarding house as defined in KIBC 17.25.030.The need for their services has exceeded the capacity of their existing facility. To increase capacity, they have purchased the adjacent four bedroom single-family residence with the intent of converting it to an emergency shelter. Emergency shelters are not defined by Borough zoning code or listed as a permitted use in R3 zoning. Accordingly, zoning compliance for this facility may only be issued upon a determination by the Commission that the proposed use is similar in character and impact to a permitted use for that zoning district. The permitted use that appears to be most similar to the proposed shelter is a boarding house. Staff has determined that an emergency shelter is similar in character and impact to the KIBC 17.25.030 definition of a boarding house and recommended approval. Sixty-one public hearing notices were mailed. One public hearing notice supporting this request was returned. At last week's work session, the Commission requested that finding of fact No. 3 6/17/2015 P&Z Minutes Page 3 of 7 be amended to indicate the applicant's intent to develop four off-street parking spaces in the front yard of the emergency shelter. In response to COMMISSIONER SCHMITT'S inquiry regarding the staff report does not reference an existing similar use determination for the current facility, Maker stated in 1982 the existing shelter was a single family residence, in 1982 the next permit issued was to KWRCC as the Women's Shelter facility and no similar use determination was done. This was some 30 something years ago. This similar use determination will clear that up. In response to COMMISSIONER SCHMITT'S inquiry if we can take the opportunity to do a similar use determination for both lots, Maker stated discussion with Director Pederson said this similar use determination would be applicable to other properties. We are going to start a notebook at the counter with our similar use determinations so when someone comes in we can say it's already determined to be a similar use in the R3 zoning district. There's no need for that, it will actually cover this or any future similar shelters. COMMISSIONER SCHMITT MOVED to grant a Similar Use Determination, per KIBC 17.15.090.A, finding that an emergency shelter is similar in character and impact to the KIBC 17.25.030 definition of a boarding house and to adopt the findings in the staff report entered into the record for this case as "Findings of Fact"for case 15-019. Close regular meeting & open public hearing: Elsa DeHart, President of the Board of Directors, KWRCC, spoke in support of this request. Close public hearing & open regular meeting: Discussion FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant and the review of the applicable zoning requirements and land use characteristics. 2. Although an emergency shelter is not specifically listed as a permitted use in R3 zoning, this facility, as proposed, is similar in character and impact to the KIBC 17.25.030 definition of a boarding house, which is a permitted use in R3 zoning. 3. To avoid the use of tandem parking spaces, four (4) nine (9) foot by eighteen (18) foot side-by-side off-street parking spaces will be developed in the front yard of the site prior to December 31, 2015. Four (4) spaces should provide adequate off-street parking for this facility. 4. The emergency shelter will offer a crucial service to the community through the provision of temporary housing and services for women and their children who are victims of domestic violence and sexual assault. These services will be provided within the scope of a boarding house as defined by Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) FY2016-2020 CIP List. Correction to the resolution number for this year's CIP List from FY2015-02 to Resolution FY2015-03 COMMISSIONER SPALINGER MOVED to correct the resolution number for the previously adopted FY2015-2020 Capital Improvement Projects List from Resolution Number FY2015-02 to FY2015-03. 6/17/2015 P&Z Minutes Page 4 of 7 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY NEW BUSINESS A) Discussion of Mobile Home Park Code and Related Information COMMISSIONER ARNDT stated we've scheduled an additional work session for July 15t to work on this. We're also looking at continuing it on July 8th at the work session. COMMISSIONER SCHMITT requested staff will provide the commission the document he assumes from Bob Scholze dated March 10, 1992 on fire safety referenced in Duane Dvorak's memo dated March 19, 2003 to the commission. Maker said it will be included in next week's information. COMMISSIONER SCHMITT stated that Mr. Pederson mentioned it before and it's a good idea is relative to tab 10 that the borough may be able to provide some spaces to temporarily store mobile homes but there can be liability issues associated with storing things for other people. If something happens while in storage the borough could be held liable. He wants the borough to talk with its Risk Manager and the borough attorney to make sure that if indeed the borough is going to look into providing storage that it's done in a way that's not going to create liability for the borough. COMMISSIONER PAINTER shared some information to the Jackson Mobile Home Park residents in reference to the mobile home park issues that could present problems in the next year. She contacted the Kodiak Island Housing Authority and spoke with Stacy Parker who gave her information on various programs they have. One in particular being is the Emerald Heights Apartments, a senior housing apartment complex with 32 units and 22 units currently available. Heat, water, sewer, and garbage are paid and you would pay electricity. It's located on Near Island at 182 Alimaq Drive. The voucher program is accepted. A contact number is 486-8111 and they have applications online if you have access to a computer. There's also a rental assistance program, it's a voucher program that is for Alaska Native or American Indian only, and there are requirements. A contact for this is also 486-8111 for more information. Also another program is for Student Rental Assistance if you're enrolled full time. There's also an Indian Low Rent Program in Woodside Manor that anyone can participate in and contact # is 486-8111. The Kodiak Island Housing Authority Life Builder Program for individuals age 18-24 years old and contact 486-8111. Painter also contacted the Alaska Housing Finance Corporation and they do have public housing vouchers but none are available at this time, but you can apply to get on the list. The Pacific Terrace has a very long waiting list but you can apply to get on the list. COMMISSIONER BALDWIN asked if they go to move the mobile homes do they have to get a registration? Is it possible to see if there's a temporary registration so they don't have to pay a full 2 years? COMMISSIONER ARNDT said the State vacated that requirement; mobile homes are no longer licensed by them. The borough is looking at exempting the fees: zoning compliance, plumbing, and electrical. COMMISSIONER DRABEK commended staff for this exhaustive report. She stated she heard a rumor that Jackson's Trailer Court that 30% of the residents were not paying and upon purchase 50% decided not to pay. We have one hundred homes and the way she sees it that breaks it down to 50 need assistance. She forgot the tally of exact spaces for trailer parks in existence but that immediately brings down the emergency level to 6/17/2015 P&Z Minutes Page 5 of 7 something more easily dealt with. If people are reaching out for assistance there needs to be some level of responsibility. We all see it as an emergency and we'll go the mile to help any way we can. She appreciates Miss Kidder's article about what other communities have done. She said her brother is a mobile home park resident in Washington and in talking to him he pointed out there was a Kodiak resident that owned a mobile home park in Seattle who sold it and everyone had to move. The buyers were so anxious to take ownership that they paid for moving all trailers. COMMISSIONER DRABEK will have more information by the July 15t special work session. COMMUNICATIONS A) May Planning and Zoning Case Results Letters B) Notice of Violation Letter COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS COMMISSIONER ARNDT stated on July 81h with regards to the discussion he's looking at a special meeting on the non-conforming use structures to allow mobile homes displaced under this we have a draft ordinance. Dan Rohrer is one who asked that it be expedited so some people can try to do something there. We can discuss it on July 1s1 and try to work it out to have a special meeting just for that along with our packet review. A) Meeting Schedule: • July 1, 2015 Special Meeting-6:30 p.m.-Assembly Chambers • July 8, 2015 Work Session at 6:30pm in the KIB Conference Room • July 15, 2015 Regular Meeting at 6:30pm in the Assembly Chambers B) Abbreviated & Final Approvals - Subdivisions • S15-010 Abbreviated Plat Procedure C) Minutes of Other Meetings • April 28, 2015 Parks and Recreation Regular Meeting STAFF REPORT COMMISSIONER PAINTER MOVED to acknowledge receipt of 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. None STAFF COMMENTS Maker stated that liability and storage was brought up at the assembly work session. Kirk Rasmussen has submitted a site plan for an expansion of twenty-nine spaces to Rasmussen's Mobile Home Park. 6/17/2015 P&Z Minutes Page 6 of 7 COMMISSIONER COMMENTS Kathy Drabek is unavailable for July 81h. Alan Schmitt thanked staff for the binder on Mobile Home Codes. It' has a lot of history and interesting reading. He appreciates staff's efforts on making the changes to the minutes, it's good to have in the record for anyone who may want to read it for future efforts of the code revision. Schmitt also said there's nothing in the packet for Killarney Hills subdivision which is still a work in progress. He wants it on the agenda each month whether or not we have something or not so we can see where things stand. Maria Painter thanked everyone and if anyone is listening just look online for the Tiny House Movement. It's interesting, it's kind of like a 500 sq. foot house. It's a big movement and is working for some people. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT adjourned the meeting at 7:15 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: �Scokt ,fir d Chair ATTEST By; w Sheila Smith, Secretary"" Community Development Department APPROVED: July 15, 2015 6/17/2015 P&Z Minutes Page 7 of 7