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2015-07-08 Special Meeting RECEIVED Kodiak Island Borough I Planning & Zoning Commis io Minutes H C1 EIPWS OFF UA July 8,2015 Special Meeting 6:30 p.m.-Assembly Chambers CALL TO ORDER COMMISSIONER ARNDT called to order the July 8, 2015 special 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 was Kathy Drabek. Commissioners present were Jay Baldwin, Alan Schmitt, Maria Painter, Scott Arndt, Greg Spalinger, and Kyle Crow. Excused was Kathy Drabek. A quorum was established. COMMISSIONER BALDWIN MOVED to excuse Kathy Drabek. Community Development Department staff present was Director Bob Pederson, Jack Maker, and Sheila Smith, VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the July 8, 2015 Planning & Zoning Commission special meeting agenda. 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: 855-492-9202. Judi Kidder stated with the change of use, the way it happened and the impact it had she'd like to see something addressed regarding zoning compliance across the board where there is a major impact to that many people she'd like that that kind of thing cannot be done by a rubber stamp at the counter. She feels it should go out to the public just to let them know what's going on where something has the potential to impact the community this drastically. She doesn't think something of this scale should be rubber stamped. She requested her comment be on the record for consideration that there needs to be publication to the public so they have some input on it before something like this happens again. PUBLIC HEARINGS Limited to 3 minutes per speaker. Local number: 486-3231. Toll Free number: 855-492-9202 A) Case: Amending KIBC Chapter 17.140 (Existing Nonconforming Uses and Structures). Request an ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and Structures) to allow mobile homes displaced under AS 34.03.225 to relocate within existing nonconforming Mobile Home Parks (KIBC 170.205.040). The applicant is the Kodiak Island Borough and the agent is the Community Development Department. The location Is Borough wide and the zoning varies. 7/8/2015 P&Z Minutes Pagel of 5 Director Pederson stated his open hearing on all the ordinances is one time because we're liable to have the same people speaking and just take separate motions. COMMISSIONER ARNDT stated we'll do them separate because they are listed separate on the agenda. Director Pederson stated first is the amendments to Chapter 17.140. Following your work session last week we made the edits talked about. As we pointed out this ordinance will allow mobile homes to relocate to the other existing mobile home parks without regard to the nonconforming use status of those parks and the conditions that we talked about are there. Most notably, 17.140.085.0 we listed that exception takes effect upon adoption and sunsets on December 31, 2018. We changed the first sentence in A as we discussed the provisions of this chapter with respect to nonconforming land uses shall not apply to mobile homes that must vacate. Those were the two changes we talked about to clarify the language in A and to tie down the sunset date in C. In response to COMMISSIONER PAINTER'S inquiry if there is a current grandfather right, Pederson stated it's a concept of law that a legal nonconformity as a use or structure that was established prior to the date of the rules that are now in effect that is not in compliance with those rules, so a legal nonconformity, in the common term of grandfather, it has to pre-exist the date of the rule that it no longer conforms to as established and it has to have been legally established. In response to COMMISSIONER CROW'S inquiry of are any of the nonconforming issues serious or of great concern that granting additional mobile homes is what caused additional problems, Pederson stated if you drive around some of the older parks some of the additions that have been added on maybe too close to adjoining structures so he's not prepared to say. What we focused on in allowing the units to move into those parks was it's not likely that the land use of those parks is going to change any time soon, at least two or three of the parks have existing empty spaces and they can't fill those spaces without a change to the code, and the requirements we established in this change are to focus on the basic life/safety element so the separation of structures determined by the building officials who implement the fire code and they have to have approved utility connections and building and electrical permits. One of the key things for the building officials is the GFI electrical outlets. In response to COMMISSIONER PAINTER'S inquiry of does the commission want to be more specific as to what we're changing in that code so that we know exactly what we want as far as, for example, is it the lot space that we want wider or fire apparatus, do we need to be more specific to the change. Pederson stated no, he doesn't believe they do, the Fire Code is implemented by the building officials through their permitting process and that's their responsibility, he thinks the changes we're making are specifically set forth there and he thinks that covers it. COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough approve the ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and Structures) to allow mobile homes displaced under AS 34.031225 to relocate within existing nonconforming Mobile Home Parks, and to adopt the findings of fact in the July 3, 2015 staff report as findings of fact for this code amendment. Close regular meeting & open public hearing: Judi Kidder stated the urgency of the situation is the clock is going tick tock. Community Development Department has done a great job putting these ordinances together and she doesn't have a problem with a lot of them. The homes that are going in to these parks aren't going to be in any lists of dangerous position than they already are. Expediting this change means that we can get possibility four to eight people out of there. The way the trailers are in there, they have to come out in a certain order. The sooner we can start getting people out the sooner others will be able to be moved. Even if Rasmussen's was on board, some people who are going in there can't even get their trailers moved until the ones are moved out from around them. Every single day this is delayed for any reason is just doing us a disservice. This is kind of like an emergency order and 7/8/2015 P&Z Minutes Page 2 of 5 that's why this ordinance is being put in to place. We've wanted to move since we received notice but because of borough ordinance we have not been able to act. Once these are past or denied that determines our next step. We haven't been able to take any of those next steps; we are sitting and spinning our wheels waiting on this. The urgency is vital. Close public hearing & open regular meeting: COMMISSIONER SCHMITT MOVED to postpone this to the July 15"' regular meeting agenda. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY B) Case: Amending KIBC Chapters 17.50 (C-Conservation District) and 17.130 (PL-Public Use Lands). Request an ordinance amending Chapters 17.50 KIBC (C-Conservation District) and 17.130 KIBC (PL-Public Use Lands) to allow the temporary storage of mobile homes displaced under AS 34.03.225 to be stored on sites zoned C-Conservation and PL-public Use Lands (KIBC 17.205.040). The applicant is the Kodiak Island Borough and the agent is the Community Development Department. The location is Borough wide and the zoning is C-Conservation and PL-Public Use Lands. Director Pederson stated as we discussed last week we added the Conservation district Chapter 17.50 for public hearing to allow the temporary storage in the same manner as proposed for Chapter 17.130 Public Use Lands district. The wording is the same in both of those and we have the sunset provision December 13, 2018 to match the sunset provision in the amendments to 17.140. COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough approve the ordinance amending Chapters 17.50 KIBC (C-Conservation District) and 17.130 KIBC (PL-Public Use Lands) to allow the temporary storage of mobile homes displaced under AS 34.03.225 to be stored on sites zoned C-Conservation and PL-Public Use Lands, and to adopt the findings of fact in the July 3, 2015 staff report as findings of fact for this code amendment. Close regular meeting & open public hearing: Judi Kidder stated at the last special work session Miss Painter brought up an issue about deterioration of the trailers in storage and one idea is to shrink wrap them like they do to the boats for weatherization and it would also secure them from vandalism. The subject of abandonment came up. We are in the process of forming Kodiak Mobile Home Owner's Association where we could qualify for a loan for a new park. If this all goes forward and then the Mobile Home Owner's Association would ask that those trailers that were abandoned by owners by default become the property of the Mobile Home Owner's Association so we could move them into a park to either rent out or sell them to offset the cost of utilities which would provide families homes. She does feel there should be conditions imposed for storage so it's not open ended and it's a finite thing. Close public hearing & open regular meeting: COMMISSIONER SCHMITT MOVED to postpone to the July 15, 2015 regular meeting agenda. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • July 8, 2015 work session-immediately following tonight's special meeting-Assembly Chambers • July 15, 2015 regular meeting-6:30 p.m.-Assembly Chambers • August 5, 2015 special work session-6:30 p.m.-K1B conference room 7/8/2015 P&Z Minutes Page 3 of 5 CITIZEN COMMENTS Limited to 3 minutes per speaker. Local number: 486-3231 Toll Free number: 855-492-9202. Judi Kidder stated reading through the ordinance for to ease the regulatory hurdles she would like to see added "and lack of available designated land." The newspaper today said that Kodiak is the most expensive place in Alaska for housing. There is no jump for low income people who are working at the canneries; they don't have a steady income so they don't meet the definition of low income requirements for low income housing in this town. Seventeen hundred dollars a month is ridiculous. The ones who own their homes have equity in them and are paying about $450 a month average because that's what they can afford to stay afloat when they don't have a steady income. This displacement is asking them to go jump if they can't move their home into a rental situation where they will not only lose their equity but they will be in a rental situation of$1400 which is more than 3 times what they are paying now with utilities on top of it. There are families doubled up from the Cherrier King Apartments being sold to Trident. The waiting lists for rental housing in this town is 3 to 4 years. There needs to be some designated land for low income housing. We encourage you to consider the mobile home residential district which could incorporate the tiny homes and modular homes that have been discussed. Something that could be implemented as a designated low income district which would mean families could move from a trailer into something else, it's that middle step instead of going up the steep cliff. in response to COMMISSIONER SCHMITT'S inquiry to Miss Kidder of was that a code section you were citing, Pederson said no, Kidder was referring to the adopting ordinances, the whereas clauses. If you wish to add something the appropriate place would be in the findings that would accompany the ordinances to the assembly. In response to COMMISSIONER SCHMITT'S inquiry if that is something that staff could put together for next week, Pederson stated yes, if Kidder would give him her language he'll look at that and we can add it to the findings. Terri Storch stated a friend looked up California's Code Section 65863.7 and found there was government subsidized mobile home parks and the sale of them would require the buyer to buy all the mobile homes. She realized that the government does not subsidize mobile homes in Alaska but it does sometimes spend $25,000 on a mobile home renovating the doors, replacing windows and those things. It seems like there should be some provision for reimbursement for the losses. She's sure some of Jackson's mobile homes had to get government help to get weatherization. STAFF COMMENTS Pederson stated as we continue to work through some of these issues to the next chapter up is the Mobile Home Park chapter of the code which we started working on last week and some others. He wanted to suggest the 29th of July to add another work session to finish working through what we started on the mobile home park chapter and begin talking about other mobile home code related issues that it might be an opportunity to do that if we can get a quorum on the 29th. COMMISSIONER ARNDT stated we will discuss it during the work session. COMMISSIONER COMMENTS Alan Schmitt thanked Kidder, he appreciates the time and effort put into this and he encouraged her to get some kind of association going. Yesterday at the Rotary meeting Jerrod Griffin from the college spoke and he commented on the enrollment had been pretty much at an all-time high. They've made an effort to contact people who were enrolled but haven't yet enrolled for the fall and they are a large number that are Jackson residents that aren't enrolling at this point because they don't know what's going to happen. The college is trying to partner with other governmental agencies trying to identify community needs. We need to keep as many doors open as possible. He suggested to them working with Community Development Department. Kodiak and Alaska costs so much to build here and if there are creative solutions to get around that. At the Fish Tech 7/8/2015 P&Z Minutes Page 4 of 5 Center there are four apartments that may no longer be needed that the borough probably owns and perhaps they could be made available. The Fish Tech building itself is being underutilized and maybe some of it could be made available for housing. Jay Baldwin thanked Judi Kidder for her ideas and effort. Kyle Crow thanked Judi Kidder for stepping up with ideas. It's important to hear from the Jackson residents. You are looking at things from a perspective that we don't have and coming up with some creative solutions. He also thanked Schmitt for his comments. Maria Painter said in our work session packet under Communications she submitted some information on a potential residential small lot zoning district that would be about 5,000 sq. feet if it goes through after the commission reviews it and decides if they want to move forward with it. There are some things in the works that we're working on to facilitate not just mobile homes but also the tiny house movement. It could be in one area and one of the areas she was thinking was possibly the Killarney Hills subdivision next to KANA. Alan Schmitt welcomed Kyle Crow. Scott Arndt said we all welcome Crow to the commission. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT adjourned the meeting at 7:12 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: SC Scott Arndt, Chair ATTEST eila Smit , Secretai � Community Development Department APPROVED: August 12, 2015 7/8/2015 P&Z Minutes Page 5 of 5