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2015-12-16 Regular Meeting 7REICEIVED Kodiak Island Boroughr L : I j Planning & Zoning Commission Minutes jC fi-Li KOUIAK,ALASKA December 16, 2015 6.30 p.m. in th MRZZamuers CALL TO ORDER CHAIR ARNDT called to order the December 16, 2015 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance ROLL CALL Requested to be excused was Greg Spalinger. Commissioners present were Jay Baldwin, Alan Schmitt, Maria Painter, and Scott Arndt. Excused was Greg Spalinger. Community Development Department staff present was Director Pederson, Jack Maker, and Sheila Smith. COMMISSIONER SCHMITT MOVED to excuse Greg Spalinger. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the December 16, 2015 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER MOVED to approve the November 18, 2015 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION UNANIMOUSLY CITIZEN COMMENTS Items Not Scheduled for Public Hearing: Limited to Three Minutes Per Speaker. Local number: 486-3231 Toll Free number: 855-492-9202. Ginny Shank stated that at last week's work session she planned on asking questions about the proposed code amendments but found out there's no opportunity to speak about scheduled public hearing items. She came to the work session to find out that the item of her interest had been discussed at the last 2 work sessions before being scheduled for public hearing. By staying and listening to the work session she heard a comment about people having the freedom to use develop their property. She appreciated the time and energy the commissioners contribute. She hopes the changes the commission proposes are not for their own personal benefit but for the betterment of the entire island community. Judi Kidder stated she attends all the PAZ and Assembly meetings. It's been months of work on this and both sides of the coin are discussed. She read some of the authority from the borough code that allows the Commission and Assembly to make some of the decisions that they do, and whenever public necessity, convenience, general welfare or good zoning practice requires the Assembly made by ordinance and after a report from the commission and a public hearing is required by law; amend, supplement, modify, repeal, and otherwise change the regulations. This is 12/1612015 Page 1 of 14 P&Z Minutes what this is covered under and she thinks the ADU change is in the interest of the greater good of the KIB Assembly. If you're going to make full findings of fact to pass on to the Assembly to vote on, we have a housing crunch in this community and people are leaving. With more people that leave it's an increase of debt per capita, which means property values are going to be higher to try to cover that bili. We are just going to be taxed and taxed and taxed to try to pay for the debt that's out there. The only way to spread that out is to expand the community, promote growth, business and residential so we have workforce housing so we can get more property on the tax rolls and dilute that debt per capita figure to grow this town. She sees this as a positive thing and supports it 100%. Neal Cooper stated he appreciates the work the commission is doing and he believes that most of the commission is representing the public and not the ambitions of others. He supports what Shank and Kidder said. We have a mass exodus out of Kodiak. There is no tax base. He and Kidder attended a meeting last night and Mr. Ledoux said it the way it was. Last week we had a mom and pop from Jackson's Trailer Court take their 3 children and moved to Anchorage. They just walked away and left it because we cannot afford to $1400 a month or up to $2000 a month. The new owner's at Jackson's have left no opportunity for any other avenue. This ADU proposal that you think is a good idea; he thinks everyone should be able to do what they want with their land as long as it's safe and within code. He doesn't think it's going to make a big difference with what is happening in Jackson's but just think about all those children leaving and how many teachers are we losing, and how much tax base are we losing. The opposition is going to say let's put in some million dollar homes and we'll have that tax base but how long is that going to take. Several years back he went through a $300,000 major medical that wiped him out financially, he knows what it's like to live in an inferior place to live but it's a place to live. A friend of his hired 5 people to work on his boat today; two of them are homeless. If you haven't seen it drive down Sharatin to see the 2 story triplex being built; it's really tiny and the whole triplex is the size of the front room of the house he was sitting in. It's framed in and ready to finish. If we allow people to do this and some of these people with money would do this to sell for $125,000 for one piece of a triplex. He likes the idea of the mother in law apartments but he doesn't think it's going to make a difference unless they are made a little bigger. PUBLIC HEARINGS Local number: 486-3231. Tall Free phone number: 855-492-9202. Limited to 3 minutes per speaker. A) Case S16-005 (Postponed from the November 18th regular meeting. Request Preliminary approval of the replat of Lots 1 thru 40, Cliff Point Estates Subdivision, vacating and reestablishing associated easements, and creating Lots 1 thru 34 and Tract A, Cliff Point Estates Subdivision, Oceanfront Addition (KIBC 16.40). The applicant Is Oceanfront Kodiak LLC and the agent is Mark Anderson. The location is Cliff Point, Milepost 14, Chiniak Highway and the zoning Is C-Conservation. Maker stated this request seeks to replat Cliff Point Estates subdivision to create lots smaller than 10 acres. The existing subdivision has 40 lots from 10 to 15 acres. This plat vacates all lots and associated easements to create 34 reconfigured lots and one large tract. Corresponding easements were reconfigured to accommodate the new subdivision design. Proposed lot sizes range from 5 to 21 acres and the large tract is 129.32 acres. All lots meet C-Conservation zoning lot area and width requirements. The new subdivision design is better than the existing subdivision as it eliminates the use of flaglots and access easements could prove problematic for development. The new plat uses public road right-of-way access and each lot within the subdivision fronts that right-of-way which makes easements for electrical and utility easements easier to provide. Two (2) public hearing notices were mailed on November 4, 2015. No public hearing notices were returned. Staff determined that this plat meets the minimum requirements of chapter 16.40 of the Borough code and the recommended conditions of approval should ensure that the Final Plat meets the standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough 12/16/2015 Page 2 of 14 P&Z Minutes Code. Staff recommends approval of this request, subject to the eight conditions of approval listed in the written staff report. COMMISSIONER PAINTER requested clarification about one of the plats that has the easement right-of-way for microwave transmission but she doesn't know if it has the 400 foot wide, is that something that should be put on because that was part of the book and page and she doesn't know if it says it must remain free of any structure or building of any sort. Maker stated for the 100 foot line of sight easement is identified on page 2 of 3 of the plat markup and it states the USCG line of sight easement, book 108, page 646, Kodiak Recording District said easement shall remain free of any structure or building of having a height of over 350 feet and the width is also indicated on the plat itself. In response to COMMISSIONER PAINTER'S inquiry of that would be the first line of sight easement for Tract A, Lots 21, 22, and 34, what she was speaking to was another one that says on proposed Lots 22 through 24 and then 30 to 32 is now a portion of Lot A, does it actually say an existing 400 foot wide USCG easement and right-of-way for microwave transmission that must remain free of any structure or building of any sort, Maker stated the cailout does not call it 400 feet wide but it is identified as 400 feet wide on the easement itself in the picture but not in writing. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the replat of Lots 1 thru 40, Cliff Point Estates Subdivision, vacating and reestablishing associated easements, and creating Lots 1 thru 34 and Tract A, Cliff Point Estates Subdivision, Oceanfront Addition (KIBC 16.40), subject to eight (6) 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 S16-005. Close regular meeting & open public hearing: Mark Anderson, agent, provided alternative findings of fact to the commission and staff and he read them into the record. He stated he agrees with staffs conditions with some minor changes. Anderson also stated that some of the easements may be vacated later and he wanted it in writing so there will be no confusion later. He requested from staff the name of the local authorized official responsible for fire apparatus road requirements. Director Pederson stated it's the Fire Chief for the City of Kodiak who is the Fire Marshal when it's not within a Service District and outside of that is part of our contract with the city. Maker stated the 96 foot requirement in the Fire Code is the improved driving surface, and it also has to include within the cul-de-sac right-of-way all ancillary support areas such as cut slope, ditching, and anything around that. To get a 96 foot improved driving surface given the topographical constraints of the area it's unlikely that you could get it in a 100 foot cul-de-sac. A 175 foot could accommodate it, again that area could be vacated at a later point. The reason Maker went with 75 foot radius is because that's what's in the existing plat and the other option would have been provide engineered drawings showing that the cul-de-sac can fit within whatever right-of-way you were wanting. Anderson stated what they are planning to do is we will have engineered drawings on anything that is required other than what the borough requirements are. If there's a change there's a provision in the code that allows for an alternative as long as it's recommended by a registered engineer and that's what they plan on doing. Director Pederson stated it would be appropriate in #2 and #4 to handle at the time of final plat by adding it at the end a smaller radius at the time of the final plat if all the required facilities are contained in the right-of-way. Pederson said he was taking apart from the hammerhead, the 96 feet. Anderson said this section along Lot 13 is an access easement for the enjoyment of the people who live in the subdivision and he doesn't want to change anything right now but he does want to alert you that he wants, he talked to Pederson and Maker previously about it, to designate it as 12/16/2015 Page 3 of 14 P&Z Minutes Natural Use. Pederson responded by email that it won't work because the Natural Use District doesn't quite fit and he said you could make a lot in the Conservation zone but it has to be at least 5 acres so Anderson would like the commission to consider is possibly granting a smaller lot keeping it zoned Conservation so we don't have to go through a rezone process but have a smaller lot to cover that easement, and here's why; right now the future owner of Lot 13 has an easement which all the people will have use of and if he owns that property now he has to insure that easement. Maybe the homeowner's association may be able to purchase insurance to cover that easement but no matter what if someone slips and falls on private property that's under an easement status is problematic. That's what the insurance agents told him today. He'd like the commission to consider doing that but in some other way to address that. Director Pederson stated that you can designate that as a plat note or deed restriction or other sorts of things but the problem with the lot sizes are established under Title 17-Zoning and through a platting action you can't grant a variance to the zoning requirements. It would have to come forward through a variance requirement and there are alternatives. In response to COMMISSIONER SCHMITT'S inquiry if Anderson would be amenable to postponing for 1 more month to give you and staff the opportunity to flesh this out and then come back to us with something that you are agreeable with, Anderson stated he doesn't think that's necessary because all the things he's requested are currently within the borough code and the items he's asked for are things he just wants documented and are not outside what the commission can grant. They are really housekeeping items and are not changes to what the meat of what staff has prepared. Director Pederson said Anderson is incorrect on the lot size for the tract at the beach. The other items can either be worked out or with the language he suggested for#2 and#4 could go forward. Director Pederson stated Mr. Anderson is correct in the minimum standards of the code, it meets those, it was because of some of the terrain and the slopes that there was a request for a wider easement for the private roads. He believes he can handle the next item if Mr. Anderson and Maker want to step out to work on those conditions and we'll continue this case until the end of the agenda and come back to it. COMMISSIONER SCHMITT said it's significant from his perspective that we're not dealing with dedicated right-of-ways here, we're dealing with easements relative to the width of the property. If it was a right-of-way your property owner's wouldn't be allowed to do anything in that right-of-way but if it's an easement and it's all not being used they could put something in the easement. Anderson stated he would like to work with staff during the preliminary plat process to come back and not have to re-apply for that one issue and accomplish that, it's going to be 4 months before we're done with the road anyway. COMMISSIONER PAINTER stated in reference to #5 of the conditions of approval on page 25 of 117, it has one of the easements but it doesn't have the second one she was talking about, Book 108, page 646 in the recorded version and that has to do with the 400 foot wide, she asked for that to be put in. Anderson stated that was part of Maker's condition and on our preliminary plat he just missed writing that 400 foot in but it is listed as 200 foot on each side of the line. The other thing Maker did on #5 was #5 is a different easement, that's the road easement from the Chiniak Highway to our property line and it was on the preliminary plat except one small piece but the book and page number was not on our preliminary document. There's also another error that says Womens Bay on both sides along with a couple more housekeeping items that will be corrected. Director Pederson stated on#2 and 4 you can add at the end where it talks about the cul-de-sac or a smaller radius at the time of final plat if all code requirements are met and the Engineering and Facilities Department and the Fire Marshal agree. Earlier in #2 you can address private road and utility easements shall be 60 feet wide except 70 feet for the main Cliff Point Road. 12116/2015 Page 4 of 14 P&Z Minutes COMMISSIONER PAINTER stated she's not going to make a motion that currently we are bombarded with a bunch of stuff that requires changes and she's not prepared for that, we should have done this at the work session and then come to this regular meeting. She's not going to be pressured to do anything at this point. If you want to take a recess to work this out to present something to us otherwise there could be a problem. COMMISSIONER SCHMITT was in agreement with COMMISSIONER PAINTER that it would be helpful to have all the conditions of approval that we're going to be voting on here clearly stated. Director Pederson stated we could postpone this until after Case C. COMMISSIONER SCHMITT MOVED to relax the rules and move this case down to the bottom of the public hearing cases. ROLL CALL VOTE CARRIED UNANIMOUSLY B) Case 16-004. Request a Comprehensive Plan amendment to change the Future Land Use Designation of a t 8.26 acre portion of Tract B, U.S. Survey 4793 from Conservation to Industrial/Light Industrial (KIBC 17.205). The applicant is the City of Old Harbor. The location is Kizhuyak Drive, Old Harbor and the zoning is R1-Single-family Residential. Director Pederson stated you have the supplemental staff report and recommendation in your packet that recommends we continue this item until the next regular meeting to bring forward the rezone on the same agenda with the Comprehensive Plan Amendment. That would be the January 20, 2016 regular meeting. COMMISSIONER SCHMITT MOVED to postpone Case No. 16-004 to the January 20, 2016 Planning and Zoning Commission regular meeting to combine the Comprehensive Plan amendment request with a request to rezone the site from R1-Single-family Residential to (- Industrial. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 16-007. Request an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C-Conservation District) • 17.60 (RR2-Rural Residential Two District) - 17.65(RR-Rural Residential District) • 17.70 (RR1-Rural Residential One District) • 17.75 (R1-Single-family Residential District) • 17.80 (1112-Two-family Residential District) • 17.85 (R3-Multi-family Residential District) The applicant is the Kodiak Island Borough. The location is borough-wide and the zoning is all residential districts. Director Pederson stated ADU's are a small self-contained residential unit on the same lot as the existing home. There's a variety of names for them. The key term is they are accessory to generally smaller in size and prominence than the main residence on the same lot and most codes deal with these in terms of specific size limits, locations, and other design requirements to make sure it's not a duplex or 2 single-family homes on 1 lot. Contemplating back in the years he's been dealing with accessory dwelling units he came across a Bill in Washington state that got the ball rolling in the Northwest in 1993; an Accessory Dwelling Unit Task Force and the Washington Housing Policy Act required certain counties and cities to consider adopting regulations for ADU's and they are now widely used throughout the state of Washington. At that time there was a lot of discussion of would this be a change to the character of the neighborhoods, would it double the density, and all those sorts of things. it was determined it would not and the ordinance was 12/16/2015 Page 5 of 14 PBZ Minutes adopted and it's been very successful. If you have good regulations about size to ensure they are accessory they seem to work very well. You've reviewed this ordinance in work sessions several times and as drafted there's a couple of key points to address. We've talked about the size of an ADU and as drafted it would allow them within an existing structure, in addition to a structure, or a stand-alone accessory building. You haven't decided the size limit and staff recommended a smaller limit of 650 square feet so for smaller lots it's clearly accessory to the dwelling. Various numbers are up for discussion at various work sessions. There's a key provision there that following public hearing and if you move forward with this that would be one of the choices to make for the commission. Pederson also wanted to note one of the requirements, #8, is the property owner shall live in the principle dwelling or the ADU which is a common feature of ordinance so it's not a rental property with the property owner being absent. COMMISSIONER PAINTER sent a comment in with a suggested change to that language which Pederson thought was fine. We've been talking about the parking requirements and those sorts of things. One of the requirements that he wanted to mention is under 17.160.070.b.1 under Permitted Uses where it lists the zoning districts there's a yellow highlight on R2 and R3, most communities put ADU's in the Single-family Districts and not duplex or Multi-family Districts. You typically don't find them in the R3 District because it's Multi-family District and they can just add another unit. Some communities do allow them in the R2 Districts but all the communities that have these ordinances allow them in their Single-family Districts. COMMISSIONER PAINTER read her suggested change for Director Pederson that reads Proposed addition to 17.160.070.0-Make it 12. Development Standards for ADU's-Mobile homes, travel trailers, and recreational vehicles cannot be used as a detached ADU. She doesn't want to do the 2"d part of that because it would be hard to enforce. COMMISSIONER PAINTER said we would like to take public comment and move this forward not this month but potentially next month so the public can have more input. Director Pederson stated the correct procedure was to make a motion to approve, then open the public hearing to take testimony, and then if at the conclusion of that make a motion to postpone to your January meeting. COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include the standards for accessory dwelling units in the Borough and to specifically list accessory dwelling units as a permitted use in all residential zoning districts, 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. 16-007. Director Pederson stated we received three additional comments today and Smith passed them out to the commission and provided them for the public. Close regular meeting & open public hearing: Brenda Friend stated she thinks ADU's are a great idea for Kodiak. People with older children can live affordably while stili having their own space and mother in law units for the elderly who may not be able to live on their own or may not want to go to assisted living. They are small units or cottages we are talking about. Things in Alaska are going to be getting tougher and tighter with all the financial shortfalls are going to affect people, jobs will be lost, state taxes are coming, PFD's are in the line of fire too. Who do you think this will affect the most; our youth, our elders, our local businesses. This isn't about the haves and have nots, it's about helping others and thinking of our community as a whole. The NIMBY's (not in my back yard people) already have properties built to their maximum allowed, they may run businesses with heavy traffic for years and maybe paid down their mortgages but that's not all of us. There are many people that haven't done that, we have to think outside of ourselves. The truth of the matter is we live on an island with limited land resources. There are literally hundreds of homes not in compliance on this island with apartments or mother in law apartments in them. She's been in their homes and has seen them. Garages were 12J16/2015 Page 6 of 14 P&Z Minutes converted to living spaces. This issue by restricting it in certain areas, the issue puts neighbors against neighbors. It's a small community and we do hear what the others say. We live on an island in the middle of nowhere for a reason, It's Kodiak, it's our lifestyle. We need to strive to keep Kodiak strong and be flexible in thought of thinking of others, and be thoughtful in your actions. Leo Kouremetis stated he and his wife have lived on Woodland Drive for over 40 years and he expressed opposition of ADU's in this subdivision which is zoned RR since its inception. He appreciates the commission taking the time to hear the public concerns about ADU's in this subdivision. They bought their property because of the zoning which is 1 acre, Single-family with low-density designation. Many others have bought there knowing what they were buying. Adding ADU's would be an infringement of ours and others property rights. ADU's would double the density of this subdivision. The way ADU's are being proposed to all residential lots in the borough is far more than a code change, it is a rezone of all residential properties to R2 designations. If this is adopted there will be no more single-family parcels in the borough and this is definitely not a code change; it's realistically a zone change. As such all property owners who would be affected by this proposed rezone must be notified individually by mail. This has not happened and now the perception is that this is a misleading way to get the zone change past through. The P&Z is proposing an increased density borough-wide including lots that are zoned low density. To make a diversified community there needs to be a variety of property types available from RR to RR1, R1 to R2 to R3, to Industrials and so forth. This is why we have zones and codes to address activities allowable on different types of properties. It's unfortunate concerning the situation at Jackson's and the downtown apartment building but this does not mean that the entire Comprehensive Plan still in effect needs to be overturned and a big, sweeping reactionary move. He feels there must be a complete transparency concerning commissioners and assembly members financial interest and conflict of interest relative to their ability to be unbiased and objective on decisions of this nature. He's hoping the commission's decisions will be made on a fair and unbiased basis. William Deal stated this borough has needed to come up with an accessory dwelling change for a long time. He wasn't aware of the concerns of the previous speaker mentioned. Deal supports this change but he lives in an R2 lot and his perspective is that he'd like to have an accessory dwelling or another unit without it having it attached to his house. It would improve the quality of life for whoever lives in there whether it's his family, mother in law, or another renter to be in a separate building. His lot's big enough but he just doesn't want it connected and the way the codes written now that's not allowed. He's in support of any change that gets us accessory dwellings. Judi Kidder stated there's a lot of misunderstanding that some citizens have missed because they haven't attended the meetings and some of the discussions taken place about this. She knows people who have converted basement apartments that have the lower story as a single-family apartments. She runs the rental board on Facebook and there was a detached garage posted that's been converted to an ADU and the rent on it is like $1800 a month. That's not affordable. She doesn't see this as a zoning change; she sees it as an overlay use with a variance she thinks every single one of these needs to come before the commission to make sure they meet all the requirements so it's not just carte blanche. As each individual case is considered then the surrounding neighbors would have the opportunity to come give public testimony. To apply a no, we can't do it across the board is not the right fit either. Brenda Friend said it right; we need it and not in my backyard shouldn't apply across the board for the whole of Kodiak. If you have a problem with your neighbors address it on a case by case basis but don't just say no one can do it. It's not appropriate. Sam Mutch stated he has a unique situation; he's been a residential property owner for about 19 years and where he currently has lived for the last 15 years both of his neighbors have ADU dwellings. He's seen a lot of different people take advantage of that from people who may have been between jobs to people that were between homes to people who have come in for temporary hunting trips. It's been a pleasant experience for him. It's important to keep setbacks in check and 12/16/2015 Page 7 of 14 PZ Minutes current building codes but he thinks it could be a positive thing for the community and based on that he is in support of ADU's. George Griffing stated he lives in an RR1 lot. He's concerned about the notification to property owners as well. It is a big change and when people work and invest their money and pay borough taxes they deserve notification. This is a big change and a mailing or something would be fair. When you talk about garage apartments and 25 people living in a house, his concern would be the enforcement of it and we don't know the size of the apartments yet apparently. That would make a big difference too. We have to make sure that code would be followed and what's going in there is really what's going in there and how many people can be in there. When it turns into too many people in there that someone will actually show up and do something about it. He could see someone being able to make retirement because they can now rent a portion of their place out. On the negative side, it's higher density. He's concerned anytime you encourage people to invest a lot of money and you all of a sudden do a sweeping change of zoning; that's a scary situation. He's also concerned about the Home Business Use on properties. He would hope to get notification because it is near and dear his heart, and he would not want to miss that meeting. Now that the process has restarted we need more public output because he followed your process and it went down in a blaze of glory and now it's coming back up. He'd like to see a statement in the paper notifying the public that it's coming back up, these are the issues, these are the order of the issues coming, this is how we are going to go about taking it on. CHAIR ARNDT stated that we are looking for input on what the size should be for ADU's, the smaller the better. We take your comments to heart about advertising and that's one of the reasons we talked about having a minimum of 2 public hearings, that's minimum not maximum. If we need more discussion, which is very possible, before it goes to the assembly. We will talk with staff to see if there's anything we can do to get it more out there. These meetings are advertised on the borough website and in the newspaper but maybe it needs to be a special public hearing notice that takes up a chunk of a page to get people's attention. He's open to suggestions. COMMISSIONER SCHMITT told Griffing that 2 people is the maximum amount of people in an ADU. Roberta Tucker stated she's in favor of the ADU's in Kodiak and they would be a benefit to the Kodiak community. Neil Cooper stated there are several houses now on Woodland Drive that have ADU's. There are many people who have ADU's and he thinks we should be able to identify those people who do have ADU's so they can be taxed appropriately. In support of what Brenda Friend said there's something that many people don't know and that is having managed Bayview Terrace Senior Living and he started the first assisted living here and somewhat involved with the Senior Center. Most people are going to be appalled by Bayview Terrace Assisted Living runs $12,000 a month and it's $31,000 a month at the hospital's care center. Families have moved off the island to find a mother in law place that they can support family. This goes in conjunction with what he said earlier that we need to think about some way to release land to let these duplexes, triplexes, or whatever. Cooper doesn't think that Kouremetis is wrong. We have a mass exodus from Kodiak, how it's going to affect people on Woodland Drive with people moving in there and all of a sudden we're going to have all of this. Like Schmitt said, ADU's will only allow 2 people which doesn't do much good for Jackson's but at the same time not everyone's going to Woodland Drive. He doesn't see everyone putting ADU's on Woodland Drive but he thinks they should have the option. Ron Painter stated he's in favor of the ADU's. He understands where Kouremetis is coming from and it's hard to change. He has a nice, big rental apartment in his garage and there's a lot of young people that could benefit from his knowledge and wisdom. This has a lot of potential of helping many different people in a lot of different ways. It's not a silver bullet for anything or for Jackson's but there may be a few people this could benefit. If we do a multitude of things and different options for them maybe we can help some of them but he also sees this helping young people. 12/16/2015 Page 8 of 14 P&Z Minutes When he was young he lived in an ADU in Bells Flats that was a horse barn and he was thrilled to have it because it was better than the tent he was living. Painter would like to see something better than that for the young people; it's hard for young people in this community because rents are so expensive. Part of the problem is the Coast Guard gives its people something like $2100 a month to live on so our rents go up to meet that. With the ADU's there's good potential that because of the size and maximum of 2 people that rents would be much lower and perhaps affordable for our young people to stay here. Painter said where he lives on Woodland Drive is zoned RR but we're not RR, RR is not supposed to have city sewer and water and we have city sewer and water. We aren't even zoned properly for the code or for the Comp Plan and that should be changed to the proper zoning. We are not RR. There's quite a few people, not only on our street but all over town that have ADU's and he'd just like to see them compliant. If they're in compliance it could also help the borough tax base because they could be taxed properly. It's a win win for both the tax side and the people, young or old that need housing. He thanked the commission. Windell Wilmoth stated he's been on the island for a little over 2 years now and in April this year he purchased a house on Woodland Drive. He does have a potential ADU in his house, which is a basement apartment that is sitting empty. He uses it for overflow storage. The former owner use to run a B&B out of this space so it doesn't make sense that he has to have his space sitting empty unless he can run a B&B. He can't have his elderly parents stay down there who have a hard time getting up and down the stairs. He does support ADU's. He was shocked how much the rent was when he came to Kodiak. He was just out of medical training and luckily as a physician he made enough where he could handle the rent but he thinks about other people that doesn't have the financial capabilities that he had. It would be a big burden to move here and establish professional careers. It can potentially be a good recruiting tool to have additional lower cost places to live. Ginny Shank stated she also lives on Woodland Drive. After reading the proposed amendments to the existing definitions and ADU's she's come to the conclusion that what you are recommending is not a code change but a rezone. If this proposal is passed it will be effectively eliminating Single- Family residential zoning. She asked since these amendments affect all residential zoning districts and in result change the zoning why didn't the borough mail a notice explaining it to all residential property owners? Parking, sewer, and water were addressed in the amendments but she's not sure that one additional parking spot per ADU on the property will be adequate or hooking up an ADU to septic and water wells will preserve the quality of either of their systems. Roads, what happens to the unpaved roads that are in terrible shape now? With increased density there will be increased traffic which will compound the problem. Property taxes, will they increase, who will pay for increased services? Property values, with an ADU it may increase the value of a property but what about the rest of the neighborhood? It seems like the property value in the neighborhood would go down. What is affordable housing? There are many places in the amendments that mention affordable housing is needed but nowhere is affordable housing defined. How many lower cost dwellings are needed and what is affordable? She thinks more research is needed. The proposed changes may or may not affect the availability of affordable housing. What it will impact is the appearance and feel of Single-family Residential Districts. Freedom, the freedom to use and develop our personal property seemed to be an important issue at the work session and it was mentioned that many people who testified in the large public hearings at the beginning of the year were objecting being told what they could and could not do with their property. She feels her freedom is being limited by allowing ADU's in a Rural Residential neighborhood. She quoted the description and intent in the code stating the RR Zoning District is established for the purpose of providing opportunities for large lot, low density land uses. When you buy a piece of property that is zoned RR you put faith in the borough that you are investing in the future wanting to live that lifestyle. When people bought lots in our neighborhood it was already zoned. Purchasers were very aware of what was allowed and what was not allowed. With these proposed amendments it changes everything. In the last 33 years since they built their house she has testified at least 10 times to P&Z and the borough because you keep trying to change the rules. These proposed amendments will be taking away her freedom to enjoy Rural Residential Single-family dwelling 12/16/2015 Page 9 of 14 PU Minutes neighborhood. She doesn't want Single-family dwelling neighborhoods to look like R2's. Considerations, she would prefer that the commission continue to develop plans for Small Lot Subdivisions Zoning District. Make some borough or State land available for auction creating smaller more affordable lots that would be attractive to developers. Reach out to the Healthy Tomorrows Task Force who has been working on the housing issue. Their first meeting was this week. Don't isolate your commission work from others that are working on the problem. Please make decisions to improve Kodiak. Dan Ogg stated he has spent a lot of time looking at this ordinance and perhaps he has the advantage with having served on local government on most levels. The funny thing about the ordinance is it's really not transparent because when he talked to other people, they had no idea what this ordinance does. What does this ordinance do? Many people have talked to it already but his understanding is #1 it eliminates all Single-family low-density residential zones in the whole borough. There won't be one remaining if this ordinance passes as written. It rezones all Single- family low-density residential zones into Two-family high-density residential zones. It allows either 2 houses on all properties or a duplex. It rezones all Two-family properties into Multi-family zones, and all Multi-family zones into Multi-family zone plus 1. It rezones all the residential properties within the borough without going through the rezoning process, without going through a Comprehensive Plan Change process. Perhaps that's why the people he's spoken to don't have any notice of what's going on because if you rezone something every property affected and some people close by get a personal notice telling them what is going on. The zoning is such a magnitude that it needs that kind of individual notice to the property owners. It has the appearance that if you do this by code that you are making an end run around the planning process because you aren't notifying everyone. The ordinance is based on a statement that there's a growing awareness of a need for additional, affordable housing and workforce housing. One must ask the question because he read through it and did not find the answers to these but he'd like them and the public deserves them. What is affordable housing? What is workforce housing? What is the need for these types of housing in the Kodiak Island Borough? Has there been a study? How many requests have there been for rezoning R1 to R2 property? It seems like R2 would accomplish this need and if there was a need people would come in and say they would like to a mother in law thing, can we rezone to R2 so they can accomplish it. Has there been a study done showing the need for R2 property? How many units are needed? Has there been an economic analysis of this issue? This is important because something of this magnitude is going to have an impact; either positive or negative upon a property owner who have residential property. Has there been an impact assessment on the existing infrastructure? You need to know before you go through such a sweeping change what that impact is going to be and what it's going to cost? Has there been an impact assessment on public services, such as sewer and water and how it's going to impact areas in the city? There needs to be more done before this ordinance passes. The ordinance does some restrictions on the other side; it takes away people's freedoms which is important. It removes the freedom from Kodiak Island to live in a Single-family neighborhood that can't be assured of this anymore if this ordinance passes. We'll now be living in high-density. This ordinance tells people the minimum size of the house they'll be living in. This ordinance tells people how many people can live in a house; 2 people. That will cause an enforcement issue. It also could have the appearance that you are discriminating against people with families that have more than 2 people. It also, with the recent amendment, is going to restrict people who live in a mobile home on their property, they won't be able to put an additional one on their property. They are restricted from doing that or putting a travel trailer on it or a recreational vehicle. This ordinance was rejected unanimously 9 months ago by the Planning and Zoning Commission. It was brought back to the planning table July 7"`. In the interest of clarity, who brought the ordinance back? There's a lot of things that could be done, you could look at addressing the R2 zone, a Conditional Use, a Variance; something that would give notice to the neighborhood (inaudible). The way this is written he just thinks it's just too broad. COMMISSIONER PAINTER read into the record the three comments received during the day. 12/1612015 Page 10 of 14 PBZ Minutes Ron Painter asked Director Pederson in all the people Pederson talked to down south did they have to go through a whole rezoning for everyone, did they send notices out to everyone, and if they didn't did they say why? It's important that we understand this. Director Pederson stated he's going to address a couple of the comments made once the public hearing is closed. He understands many of the concerns expressed tonight and there are similar concerns expressed in most communities that have adopted this type of ordinance. In his 35 years as a professional planner he has never seen sort of the negative impacts that people have perceived about ADU's come to play. There's been no empirical evidence that he's seen in any community deleterious impact or any negative impact on property values. It is not in fact a rezoning, a rezoning is changing the boundaries of the map to districts on the map. This is a text amendment to the code. In the history of the code there are numerous ordinances where the text of uses and standards in the code have changed, those have never required notice to all property owners. Only when you are rezoning from one district to another. The reason it's not, in his opinion, a change from R1 to R2 or R2 to R3 is it's an accessory use, it's not allowing 2 Single- family dwelling units of any size or any number of related people living in them or that sort of change that folks have spoke about. That's why there are limits on ADU's, that's why ADU ordinances uniformly community standards vary but they have limits on them to ensure their accessory and subsidiary to the main dwelling on the property. We can do a display ad and he'll talk to KMXT about doing a Talk of the Rock and see if the newspaper wants to do a story. COMMISSIONER SCHMITT MOVED to postpone this case to the January 20, 2016 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY A) Continued -Case S16-005 (Postponed from the November 18th regular meeting. Request Preliminary approval of the replat of Lots 1 thru 40, Cliff Point Estates Subdivision, vacating and reestablishing associated easements, and creating Lots 1 thru 34 and Tract A, Cliff Point Estates Subdivision, Oceanfront Addition (KIBC 16.40). The applicant is Oceanfront Kodiak LLC and the agent is Mark Anderson. The location is Cliff Point, Milepost 14, Chiniak Highway and the zoning is C-Conservation. Maker handed out Conditions of Approval that he and Mark Anderson agreed upon. Maker stated they changed the language from cul-de-sacs to fire apparatus turnarounds. That opens up all three types that are allowed by current building code, which includes hammerhead, a Y, and a cul-de- sac provided whatever easement size they create can be proven to show it supports that turnaround along with all ancillary support areas. That will cover all the requirements and it offers options that Mr. Anderson wants. COMMISSIONER SCHMITT MOVED TO AMEND Condition #2 to read "To ensure adequate area for road and fire apparatus turn around construction, the main Cliff Point Road private road and utility easement shall be 70' wide, and all other private road and utility easements shall be 60' wide, and all fire apparatus turn around easements shall be capable of accommodating the improved driving surface required by the adopted fire code, including ancillary support areas." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED TO AMEND Condition #3 to read "Prior to Final Plat approval, all roadways and fire apparatus turnarounds providing access to Lots 6 thru 12 and 14 thru 21 shall be constructed. Construction must meet the standards of Chapter 16.80 KIBC (Standards for road improvements) and the fire apparatus access road requirements of the adopted fire code. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED TO AMEND Condition#4 to read "The Final Plat shall depict a fire apparatus turnaround easement centered on the southwest corner of Lot 21." 12/1612015 Page 11 of 14 P&Z Minutes ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY CONDITIONS OF APPROVAL 1. All road access easements shall be identified as private road and utility easements and shall comply with the provisions of KIBC 16.40.080 (Private Roads). All covenants required by KIBC 16.40.080 shall be depicted on the Final Plat. 2. To ensure adequate area for road and fire apparatus tum around construction, the main Cliff Point Road private road and utility easement shall be 70' wide, all other private road and utility easements shall be 60' wide, and all fire apparatus turn around easements shall be capable of accommodating the improved driving surface required by the adopted fire code, including ancillary support areas. 3. Prior to Final Plat approval, all roadways and fire apparatus turnarounds providing access to Lots 6 thru 12 and 14 thru 21 shall be constructed. Construction must meet the standards of Chapter 16.80 KIBC (Standards for road improvements) and the fire apparatus access road requirements of the adopted fire code. 4. The Final Plat shall depict a a fire apparatus turnaround easement centered on the southwest corner of Lot 21. 5. The 100' wide access easement with adjacent 40' wide utility easement that runs from Chiniak Highway to the site shall be identified on the Final Plat as follows: "100' wide access easement along existing road with a 40' wide utility easement lying adjacent to the access easement(Book 108, Page 631, Kodiak Recording District)." 6. The Final Plat shall depict a 25' wide utility easement that runs along each side of all private road and utility easements and around all cul-de-sac easements within the subdivision. 7. The Final Plat shall contain a note stating that further subdivision creating lots of less than 10 acres will require that roadways providing access to those lots be constructed to Borough standards prior to Final Plat Approval. 8. Plat notes 2, 3, and 4 of Plat No. 93-35 shall be listed on the Final Plat. 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 meets the requirements of Title 17 (Zoning) of the Borough code. 3. This plat vacates and reestablishes easements that satisfy review agency requests and the requirements of Title 16 (Subdivisions) of the Borough code. 4. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. 5. 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 AS AMENDED CARRIED UNANIMOUSLY OLD BUSINESS A) Discussion on amendments to Title 17 KIBC (Zoning) to establish development standards for a Small Lot Subdivision Zoning District Director Pederson asked if the commission wants this to be put on for public hearing on the January agenda? CHAIR ARNDT stated it will be on the January work session agenda. B) Background information on Planned Unit Developments C) Tract R-2, Killarney Hills Subdivision Planning Discussion—Placeholder 12/16/2015 Page 12 of 14 P&Z Minutes NEW BUSINESS None COMMUNICATIONS A) November Planning and Zoning Commission Case Results Letters STAFF REPORT COMMISSIONER BALDWIN MOVED to acknowledge receipt of communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • January 13, 2016 work session at 6:30pm in the KIB Conference Room • January 20, 2016 regular meeting at 6:30pm in the Assembly Chambers B) Minutes of Other Meetings • October 27, 2015 Parks and Recreation Committee Minutes COMMISSIONER BALDWIN MOVED to acknowledge reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Local number: 486-3231 Toll Free number: 855-492-9202. Limited to 3 minutes per speaker. Mark Anderson apologized for the disruption in tonight's meeting and he did not intend to delay the meeting. He learned a lesson tonight. STAFF COMMENTS Director Pederson stated the city made a recommendation for one of the vacant city seat on the Planning and Zoning Commission. There will be 2 new staff joining the Community Development Department in January. Our planner position is being filled by Sara Mason from Juneau and Tom Quasse will be our Code Enforcement Officer. Pederson publicly thanked Maker for carrying more than a human's load in terms of helping to get things done during that interim that Martin Lydick and Neil Horn's been gone, Sheila Smith has had to pick up stuff as well. It's been a good effort by staff to keep the department running. We can get to work on some of the issues that you've been wanting to work on more. Pederson wished everyone a Merry Christmas. COMMISSIONER COMMENTS Alan Schmitt said the concept of affordable housing options that some of the people tonight raised and the sense of what do we mean by that and he doesn't know and doesn't know if they can come up with a good answer to the question but it's a really big question. He doesn't know if housing in Kodiak has ever been affordable, he moved here in 1982 at the tail end of the King Crab era in February and he couldn't find a place to live. He ended up living in a Quonset but without indoor plumbing for 2 years in Bells Flats. At about that time the sewer and water lines were extended and all the residential areas other than Aleutian homes expanded towards Woodland Acres and Woody Way Loop and beyond. Putting the infrastructure in made for rapid growth for residential housing in Kodiak. Thirty years ago we paid for our house what an Aleutian home were going for because there was a housing shortage then. We've come to the end of where the water and sewer is, which is critical to putting in much more housing and kind of making it affordable but in some sense a subsidy from the government because the government puts in the main lines, the real estate developers would have to put in the other ones. To truly get into affordable housing you almost have to get into the concept of subsidies of some kind from somebody to do it. The reason 12/16/2015 Page 13 of 14 P&Z Minutes he's in favor of it is because it would tie in to existing sewer and water lines that we don't have to look to greatly extend or expand the infrastructure. He has some data from the U.S. Census Bureau and it goes through 2010 but nationwide the average sales price of a new home sold in the United States was $273,000. People aren't thinking that's affordable housing in Kodiak but that's the nationwide average. A lot of it could be from the vanishing middle class or the reduction, he saw data recently that the middle class is no longer the majority of the income demographic in the U.S. He's looking forward to working at all these other options. He wished everyone a Merry Christmas. Jay Baldwin wished everyone a Merry Christmas. Maria Painter wished everyone a merry Christmas, and she mentioned that we are providing affordable housing because these units are going to be small if the assembly chooses to pass this. Hopefully, that will help to facilitate the lower costs in rents because they are small. We're not going to make everyone happy so we are going to have some people that are going to oppose it. It's a tough decision to do but truly there are more significant positives than negatives and that's what we have to look at. This would not be with government subsidy, it's going to come out of your own pocket, the private property owner will make those payments themselves. People will invest. Scott Arndt told Director Pederson one thing he heard tonight was doing more advertising. He realizes when the agenda is published it's in pretty fine print. He'd like to take part of that to heart and do additional advertising before our January meeting. He requested specifically a % page ad about this. As Pederson talks with the newspaper and maybe getting an article write up in the paper also. He'd like to see us reach out more because we agreed coming in to this to have at least 2 public hearings and maybe more but we need to try to get it out more to the public. He doesn't agree with a mailing to each property owner. Director Pederson said we'll certainly look at that. We are pretty tight on our advertising budget this year, we should be able to do a larger ad. Scott Arndt said we're going to be making a recommendation to the assembly and there's also public hearings at the assembly level but we want to try to vet this just the best we can before it goes forward so he'd like to see more advertising on it. He wished everyone a Merry Christmas and happy new year. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 8:31 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION 0 011 By: _, e'41 , 4 ,m.. - Scott Arndt, Chair ATTEST: BYLar- - � Sheila Smith, Secretary Community Development Department APPROVED: January 20, 2016 12116/2015 Page 14 of 14 P&Z Minutes