2015-09-16 Regular Meeting E D
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Kodiak Island Borough
Planning & Zoning Commission 11 2015
Minutes
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Se tember 16, 2015 6:30 .
CALL TO ORDER
CHAIR ARNDT called to order the September 16, 2015 regular meeting of the Planning and
Zoning Commission at 6:27 p.m.
PLEDGE OF ALLEGIANCE
CHAIR ARNDT led the pledge of allegiance
ROLL CALL
Requested excusal was Jay Baldwin due to being sick.
Commissioners present were Alan Schmitt, Kathy Drabek, Maria Painter, Scott Arndt, Greg
Spalinger, and Kyle Crow. Excused was Jay Baldwin.
A quorum was established.
COMMISSIONER SCHMITT MOVED to excuse Jay Baldwin.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
Community Development Department staff present was Director Pederson, Jack Maker, and Sheila
Smith.
APPROVAL OF AGENDA
COMMISSIONER PAINTER MOVED to approve the September 16, 2015 Planning & Zoning
Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
None
CITIZEN COMMENTS
Items Not Scheduled for Public Hearing: Limited to Three Minutes Per Speaker. Local number:
486-3231 Toll Free number: 855-492-9202.
Barry Altenhof stated he strenuously objects to the proposed Killarney Hills Subdivision Tract R-2.
The information packet shows 70+ lots to be made available for development. A development of
this magnitude can only have several destructive consequences. These include the addition of 70+
houses that will destroy the character of the existing stable neighborhood in the Woody Way,
Murphy Way, and Trinity Island Subdivisions. It will double the population density along the Woody
Way and Murphy Way corridor. It will create a dramatic increase in traffic on Woody Way, Murphy
Way, Hillary Lane, Rezanof, and Mill Bay Road at the entrance to Safeway. It will also involve the
loss of a heavily used recreational area along with the money spent to develop it. In a community
always looking for spaces to hold outdoor events; soccer, football, soft ball games and many
others. A significant loss for Kodiak youth. Nowhere in this proposal is there any mention of buffer
zones, or recreational areas, all it fundamentally says is let's build more houses. He believes the
scope of this proposal is excessive and sometimes heavy handed. Initially, the proposal made 2
years ago was for the development of 4 lots near the KANA building, in 2014 the number of lots
were increased to 9 lots. That proposal has suddenly exploded to a subdivision of 70+ homes with
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little or no discussion at least in the packet of its impact on current residents. He can only
speculate what motivated this proposal in the first place. Responsible development is one thing, as
a former contractor he recognizes the value of development. This is not responsible development.
He urged the commission to reject this proposal in its current form. Do not sacrifice the quality of
one neighborhood to create another neighborhood that neither you nor I would want to live in.
Director Pederson said there is no proposal on the table, no application has been made. What was
included in the packet is an exact copy of what was in a P&Z packet back in April or May. At that
time we were beginning a master planning process for that Tract. That was background information
and some examples of ideas of what may be the ultimate potential of that site. We have been
focusing on the ordinances for the mobile home park issues and the Killarney Hills discussion was
parked for future discussion. When we come back to these discussions there will be outreach then.
Susan Reid stated she lives on Woody Way Loop and asked the commission to help save the
Woody Way Sports Field and Parks with the suggestion that it be rezoned as Public Use land.
Though it was not officially a designated city or borough park, it has served this community for the
past fifteen years. It's used by the Kodiak Football League, Little league British soccer camps,
Kodiak High School soccer program, open gym soccer, Relay for Life, the Woody Way
neighborhood, the high school homecoming bonfire, dog walkers, exercise enthusiasts, drone
fliers, skiers and snowshoers, the Kodiak Christian School, organized picnics, and as an open
space for miscellaneous other activities. The land is owned by the borough and operates under a
joint use agreement between the Borough, the City, and the Schools. The City's Parks and
Recreation Department maintains this field. The agreement expired in 2012, but there is a
continued agreement that one entity has to notify the other before any change can take place.
Since I am a resident of Woody Way Loop, she receive notices from the borough for proposed
changes to parcel off residential lots at the Woody Way Sports Field. She talked to borough
officials each time the notices came out and was told that the Woody Way Sports Field and Parks
was never intended to b a sports field or park. Officials told her that the creation of it was out of
necessity and convenience when sports programs and other activities need a spillover field. The
community still needs a spillover field. Baranof Park is always booked with sports teams vying for
field time and when there isn't space available they are sent to the Woody Way Sports Field. In
addition, the Baranof Park improvements don't permit some activities, like the High School bonfire
taking place this Friday. It would be a travesty to replace this already established and utilized
sports field and park with a large housing development. She just wanted to go on record for trying
to preserve that field.
PUBLIC HEARINGS
Limited to Three Minutes Per Speaker. Local number: 486-3231 Tall Free number: 855-492-9202.
A) Case S15-020 (Postponed the from May 20, 2015 regular meeting). Request Preliminary
approval of the replat of Lot 4, Block 3, Woodland Estates Subdivision creating Lots 7 thru
6, Mariah Estates Subdivision (KIBC 16.40). The applicant is MK Enterprises, LLC and the
agent is Kevin Arndt. The location is 3937 Wolverine Way and the zoning is R2-Two-family
Residential.
Director Pederson stated at the request of the commission Maker has reached out to the applicant
on several occasions and there was some indication that he may have some information that being
said it hasn't happened and you indicated it was postponed from the May meeting to continue
tonight to give the applicant time to evaluate the recommendations in the staff report. You have a
recommended motion in front of you to postpone this again to your October 21St meeting.
Postponing it would preserve the threat of advertising but since the initial public hearing notices
were mailed back in April then that notice is stale at this point.
COMMISSIONER PAINTER stated there's something in the statute that the commission shall
approve or dis-approve an application within 60 days, she believes it was done sometime early this
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spring/early summer and she asked staff if we have received a 2"d time anything from the applicant
stating they wish it to be postponed in writing, Maker stated no, we haven't received anything and
Maker spoke to him on Monday when Maker let him know that we needed something in writing.
COMMISSIONER SPALINGER MOVED TO POSTPONE INDEFINITELY Case No. S15-020.
Close regular meeting &open public hearing:
None
Close public hearing & open regular meeting:
Discussion-Amendments may be offered at this time.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case 16-002. Request a rezone of Lot 3A, Block 2, Tract F, Old Harbor Subdivision from
R1-Single family Residential District to R2-Two-family Residential District (KIBC 17.205).
The applicant is Kodiak Island Housing Authority and the agent is Rick Lindholm, Project
Manager. The location is Birch Street, Old Harbor and the zoning is R1-Single-family
Residential.
Maker stated request seeks to rezone a 7,500 square foot vacant lot in the City of Old Harbor from
R1-Single-family Residential to R2-Two-family Residential. The Kodiak Island Housing Authority
currently has four low income families on a waiting list for housing in that community. All residential
land in Old Harbor is currently zoned R1, which limits construction of new housing to single-family
residences. Should this rezone be approved, Kodiak Island Housing Authority intends to construct
a two-family residence that will better accommodate the community's need for affordable housing.
It's important to note that this rezone will not bind the applicant to the intended development. Once
rezoned, any use permitted in R2 zoning may be established on the lot. Twenty-five (25) public
hearing notices were mailed on August 6, 2015. No public hearing notices were returned. Staff has
determined the rezone is consistent with the objectives of the Comprehensive Plan and satisfies
the requirements of Title 17 of the Kodiak Island Borough Code for rezones. Staff recommends the
Commission forward this rezone request to the Borough Assembly with a recommendation for
approval.
Director Pederson said there was discussion at the work session that maybe it would be
appropriate to have a broader discussion with Old Harbor and the housing authority. There may be
other lots that would be appropriate to be rezoned in this fashion.
Maker stated the information he received on those 3 lots are very marshy, require a lot of fill, and
would be expensive to develop. It would be something they could discuss.
COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezone of Lot 3A, Block 2, Tract F, Old Harbor Subdivision from R1-Single-family
Residential District to R2-Two-family Residential District 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. 16-002.
Close regular meeting &open public hearing:
None
Close public hearing & open regular meeting:
Discussion regarding getting construction ramped up by spring, looking at other parcels not under
common ownership, the concept in zoning to try to avoid spot zoning, and a need for affordable
housing. There was consensus among the commission.
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FINDINGS OF FACT
1. The Kodiak Island Housing Authority has identified a need for affordable housing for low
income families in the City of Old Harbor. All residential land in Old Harbor is currently zoned
R1, which limits construction of new housing to single-family residences. This rezone will allow
construction of a two-family residence that will better accommodate the community's need for
affordable housing.
2. This rezone is consistent with the Residential Future Land Use Designation and will further
implement various objectives of the adopted Comprehensive Plan.
3. The Planning and Zoning Commission recommends that the Borough Assembly approve this
rezone.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case Amending the Recreational Vehicle Park Standards of KIBC Title 17 (Zoning).
Request an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.165 (Recreational
Vehicle Parks) to revise and update the standards for recreational vehicle parks in the
Borough. This ordinance will also amend the following KIBC Chapters to specifically list
recreational vehicle parks as a conditional or prohibited use:
17.40 (WH Wildlife Habitat District)
• 17.50 (C-Conservation District)
• 17.55(RD-Rural Development 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(R2-Two-family Residential District)
• 17.85(R3-Multi-family Residential District)
• 17.95(RNC-Rural Neighborhood Commercial District)
• 17.100 (UNC-Urban Neighborhood Commercial District)
• 17.105 (I-Industrial District)
• 17.110 (RB-Retail Business District)
• 17.120 (LI-Light Industrial District)
• 17.130 (PL-Public Use Lands District)
The applicant is Kodiak Island Borough. The location is Borough-wide and the zoning
varies.
Director Pederson stated this is one of the series of ordinances that has risen from the closure of
Jackson's Mobile Home Park. The RV Park ordinance currently has some internal conflicts with the
rest of the code and hasn't been updated since 1990. The philosophy was to look at the
regulations and see if there is a way to make it a little easier for an RV Park to locate in our
community. None have been located since the ordinance was adopted, one was approved but has
not been developed. The specific changes in contemplation is to start working your way through
the ordinance in 17.25.190R, the definitions are being placed in the definitions where they belong
rather than the RV chapter. The other big change is one of the flaws in this ordinance was that if
you look at the lists of permitted or conditional uses for any zoning district you wouldn't see RV
Parks mentioned so if someone knew where to find the RV Park chapter you wouldn't know if the
use was allowed or not. For development standards the significant changes are that an RV Park
make under the proposed changes contain an area designated for RV camping as opposed to
short terms in setting out for longer period of time, the eliminates the requirements for open space
and play areas in RV Parks, reduces the requirements for screening or establishes that to be
undetermined at the time the RV Park comes in for permitting than later in the process. The other
change is the RV chapter contained requirements for toilet and shower facilities even if the RV's
are connected to waste water disposal system, either a public sewer or septic tank and water lines.
The change gets rid of that requirement that they have to be connected to some public, water,
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sewer, or waste water disposal systems and they don't have to provide toilet and shower facilities.
Another change is if you look on page of 5 of 11 of the ordinance, line 240, the building official said
it would be much cleaner if it said the adopted plumbing code rather than the uniform plumbing
code. The other change pertains not so much to RV Parks but this chapter includes the regulations
for recreational vehicles on individual lots. The current code allows someone to live in an RV on a
lot up to 6 months while building a permanent dwelling and they can get a 6 month extension. It
was the desire of the commission to double those time frames so it could be a year with a year
extension to give people more time when building out of pocket.
COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island
Borough approve the ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC
(Recreational Vehicle Parks), and related Chapters of Title 17 (Zoning) to revise and update the
standards for recreational vehicle parks in the Borough and to specifically list recreational vehicle
parks as a conditional or prohibited land use, and to adopt the findings of fact listed in the staff
report entered into the record for this case as "Findings of Fact" for this code amendment and to
delete the word "uniform"from Line 240 of the proposed ordinance.
Close regular meeting & open public hearing:
None
Close public hearing & open regular meeting:
COMMISSIONER CROW expressed concern of the issue of the draft code effort last winter was
that people didn't have a clear idea of what to do to achieve compliance and had to seek a
determination from the department, in this revision of the RV codes it will only allow them as a
conditional use and believes that clear directions on how they must be constructed and must have
not for all areas but for at least allowing them to be placed in a couple areas, specifically into Urban
Neighborhood Commercial and Rural Neighborhood Commercial Districts and they would be
conditional uses in every other district or zone. The need to have a clear set of directions that are
easy to understand for whoever wants to do something whether it's an RV Park or anything else in
the borough. They can come in, pay the fee, and get the stamp to do the job of what they want to
do on their private property. There could be public hearings for the other areas but in certain cases
without having to come before the staff to make their determination puts them in some discomfort
and creates consternation amongst the community
COMMISSIONER CROW MOVED TO AMEND the Chapter 17.100 to allow Urban Neighborhood
Commercial and to allow Rural Neighborhood Commercial Districts to be unconditional and further
amend 17.165.030 to allow those changes.
COMMISSIONER PAINTER stated she noticed an error; the Business District, 17.90 was not
included in the conditional use or prohibited use, what is the reason, Maker stated the Business
zoning district is the only zoning district that specifically lists RV Parks as a conditional use already.
COMMISSIONER SCHMITT stated some people may not be comfortable that an RV Park may be
allowed in a particular zoning district. We aren't changing anything in the current code other than
prohibiting it in the Wildlife Habitat, Conservation Districts but it's already a conditional use in all
the other ones and if we're going to permit it in a new one it would be appropriate to give people
notice if they wanted to be heard.
Director Pederson stated currently RV Parks are a conditional use in all zoning districts. Mr. Crow's
motion to amend seeks to modify that to make it a permitted use. He's comfortable with it going to
the assembly because we aren't eliminating a permitted use. People will have the opportunity to
speak at the assembly level.
COMMISSIONER SCHMITT said the fact that it's already a conditional use in so many of the
zoning districts and the way the code was drafted you would really have to dig to find that out.
We're just making it clear by listing it in each of the various code sections that deal with the various
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zoning districts. Many RV's today have plumbing facilities within them and can easily be hooked up
to existing water and sewer connections in RV Parks. If someone is going to go through the
expense of putting in that it would seem burdensome to the commission under the current code to
also require that they construct a stand-alone shower and bath facility if all they are doing is
accommodating RV's that have those things anyway. There are RV Parks where people could do
tent camping or some RV's do not have a self-contained bathroom facilities so people would need
to make use of some kind of sanitation facilities. Those types of parks are still going to be required
to have a dump station and bathroom facilities.
COMMISSIONER CROW stated he hates putting the public through the situation where they have
to come in and whoever happens to be sitting here on any particular time will say we'll know it
when we see it. It's almost like dangling a carrot and playing with them because there's always
going to be some contention and some disagreement and he would like it to be clear cut and
simple, if you do these things you can't do them anywhere else but you can do them right here.
Director Pederson said if you do what Crow mentioned there's a corresponding reference in
17.165.030 that we need to put language back in.
CHAIR ARNDT stated it's in his motion.
Brief discussion on moving forward, postponing.
COMMISSIONER SCHMITT MOVED TO POSTPONE the consideration of the RV code
amendment to the October 21, 2015 regular meeting.
ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were COMMISSIONERS SCHMITT,
DRABEK, ARNDT, SPALINGER, AND CROW. The noe was COMMISSIONER PAINTER.
OLD BUSINESS
A) Tract R-2, Killarney Hills Subdivision Planning Discussion Update
Director Pederson stated we covered that during Citizen's Comments so he won't repeat that
information. The borough has executed a contract with DOWL Engineering who will be performing
a wetlands delineation. Regardless of what happens on that tract in the future we'll have a current,
accurate, acceptable wetlands delineation, and they could be starting later this week.
COMMISSIONER SCHMITT inquired what do you foresee being the next step after the wetlands
delineation is received, Director Pederson stated it will take some more discussion, we still have
the other ordinances queued up that you made a motion to work on next. The Borough Resource
Management Officer is now on board and as this spreads planning and also borough lands
management responsibilities Pederson has briefed him on what's transpired since he's been gone,
and then developing a course of action. Pederson envisioned is that we would have a discussion at
a work session of how you want to proceed forward after we get done with those ordinances. If
there does become a proposal or more information on a master plan we would bring that back to
the commission for discussion, give notice to neighbors, and include the Parks and Recreation
Committee in discussion. Ultimately as you know any decision to commit or dispose of that land for
a speck use or adopt a master plan for that site would require a formal hearing by the
commission and the assembly.
NEW BUSINESS
None
COMMUNICATIONS
A) August Planning and Zoning Commission Results Letters
• 15-025 CUP Approval Letter 8/20/2015
• 16-001 CUP Approval Letter 8/20/2015
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REPORTS
A) Meeting Schedule:
• October 7, 2015 Accessory Dwelling Unit & Small Lot Subdivision Codes Special Work
Session-6:30 p.m.-Assembly Chambers
• October 14, 2015 Work Session-6:30pm-KIB Conference Room
• October 21, 2015 Regular Meeting-6:30pm-Assembly Chambers
COMMISSIONER DRABEK stated she will not be able to attend the October 70' special work
session.
COMMISSIONER SPALINGER will be out of town for October 14"', 21St, and November 11th
meetings.
COMMISSIONER SCHMITT will not be here for the October regular meeting.
Director Pederson said he'll be getting that packet out hopefully by the end of the week but by
Monday. The other schedule item is we have the conference coming up in November and
November 11th is your regular pack review work session which is a holiday.
Commission consensus to have the November work session on Tuesday, November 10th
B) Abbreviated & Final Approvals -Subdivisions
• S15-021 Transmittal Memo S Recorded Plat 2015-15
STAFF REPORT
COMMISSIONER SCHMITT MOVED to acknowledge receipt of 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.
Dennis Symmons thanked Kyle Crow for attempting to cut through any bureaucracy possible and
he commended any other commissioners for doing the same. It's a necessity in moving on to serve
our citizens the best. He commended everyone here tonight, commission, and staff for doing a iot
of overtime these last couple of months and it's so profound when a citizen comes up that they
don't know about and that's what this municipal is doing for their problems. You are doing it and it's
well established and he loves to inform anyone who is not paying attention. You are doing exactly
what you should be doing and he thanked everyone.
Nicholas Mangini stated DOWL should be coming back when we are having a more normal rainfall.
The pond is all dry right now which it's usually housing ducks and such. It's kind of unfair for them
to look at it right now as opposed to the drainage that comes down that hill in normal years.
STAFF COMMENTS
Director Pederson stated Neil Horn, our Code Enforcement Officer's last day is Friday. He's
moving to Anchorage and we wish him well.
COMMISSIONER COMMENTS
Kathy Drabek thinks Neil Horn has done an excellent job and he's been good to work with.
Alan Schmitt dittoed Drabek's comments and he's been working with Parks and Rec as well.
There's an article in the Anchorage Dispatch News last week about affordable housing, a new
project that's being put in place there and he heard stories on the news this morning that other
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communities across the country are having problems with affordable housing. The point is Kodiak
is not unique in having this lack of affordable housing.
Kyle Crow thanked all the people that showed up. Every time we have a meeting and no one is
here it's a disappointment but when we do see people show up even if they don't understand the
issue they are coming to get educated and try to understand it better. Also they speak about what
they care about and that's how we operate. Crow wished Horn fair winds and following seas. Crow
didn't work with him much but knew he was part of the family here. Best wishes to him. He thanked
the commission for their consideration on these matters tonight. He had the opportunity to offer up
and opinion or idea.
Greg Spalinger thanked the public that showed up, it's good to know that people are actually
listening. He's been on a lot of boards that no one shows up and it's really good to get the input.
Maria Painter is glad that our community is getting involved more and more on various issues and
one that's going to be coming up is the Accessory Dwelling Unit that sometimes can be
contentious to some people but there is a real need for affordable housing. You can call it
accessory dwelling units, backyard cottages, or mother in law apartments. The fact is that we do
need other choices for affordable housing and it would afford people the opportunity to live in a
more stable community than just packed into one section that some people look at as unsavory,
sadly to say. Be open minded and prepared for those meetings to come on those issues. She
thanked everyone.
Scott Arndt stated he enjoyed working with Neil Horn and he'll be missed. Arndt wished him the
best in his endeavors in the future.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT adjourned the meeting at 7:40 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: J
Scott Arndt, Chair
ATTEST mow, t
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By:
Sheila Smith, 5ftrefary ..°..°°'
Community Development Department
APPROVED: November 18, 2015
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