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2015-11-18 Regular Meeting .CII Kodiak Island BoroughI Planning & Zoning Commission $ IC 9I; C 2015 Minutes November 18, 20156:39km. in the i h —; c CALL TO ORDER VICE CHAIR BALDWIN called to order the November 18, 2015 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR BALDWIN led the pledge of allegiance. ROLL CALL Requested to be excused are Scott Arndt due to a family emergency. Commissioners present were Jay Baldwin, Alan Schmitt, Maria Painter, and Greg Spalinger. Excused was Scott Arndt. Absent was Kathy Drabek (submitted resignation 11/13/2015). A quorum was established Community Development Department staff present was Director Pederson, Jack Maker, and Sheila Smith. COMMISSIONER SCHMITT MOVED to excuse Scott Arndt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the November 18, 2015 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the August 19, 2015, September 16, 2015, and the October 21, 2015 Planning &Zoning Commission minutes. COMMISSIONER SCHMITT stated for the record the minutes for the August 19, 2015 on pages 16 & 17 of the packet. On the top of page 16 it lists the conditions of approval and then on page 17 at the top there was a motion to amend that was approved to add to Condition #3 that the sign shall be placed within 30 days after issuance of the Conditional Use Permit. That doesn't appear on page 16, item 3 but he checked the file in the borough office and the letter that went to the city mentioned that 30 day requirement. He said it needs to be clarified so people looking at those minutes won't be confused. (Motion to Amend made after main motion was voted on). VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS A) Amending the Recreational Vehicle Park Standards of KIBC Title 17 Zoning (postponed from the September 16, 2016 regular meeting). 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 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Pagel of 7 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) • 17.65(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(l-Industrial District) • 17.110 (RB-Retail Business District) • 17.120 (LI-Light Industrial District) • 17.130 (PL-Public Use Lands District) The applicant is the Kodiak Island Borough. The location is borough-wide and the zoning varies. The motions on the table made at the September 16, 2015 regular meeting were: Main Motion on Table: 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. Amendment on Table: 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. Jack Maker stated at the September 16, 2015 regular meeting, the Commission postponed these proposed amendments to the October 21, 2015 regular meeting. Due to a lack of quorum at that meeting, the proposed amendments were further postponed to the November 18, 2015 regular meeting. At the October 14, 2015 work session, the Commission further reviewed the proposed amendments and recommended additional changes. Those changes were incorporated into the revised ordinance provided in the written staff report. Staff recommends the revised ordinance be substituted for the version provided for the September 16, 2015 public nearing COMMISSIONER SCHMITT MOVED TO AMEND by substitution the attached ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks), and related Chapters of Title 17 (Zoning). Close regular meeting & open public hearing: None Close public hearing & open regular meeting: During discussion, there was consensus for approval. Concern about the Industrial zone being included and the need for long-term planning re: availability of sites zoned Industrial and retaining them for industrial activities, and currently being an unconditional use. 11/18/2015 Planning and'toning Commission Regular Meeting Minutes Page 2 of 7 FINDINGS OF FACT(KIBC 17.205.020) 1. There is a growing need for additional affordable and workforce housing options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address this multi-faceted issue. 2. The amendments to Chapters 17.25, 17.165, and related Chapters of Title 17 KIBC are intended to ease the regulatory burdens associated with establishing a new recreational vehicle park or expanding an existing recreational vehicle park. 3. The amendments to Chapters 17.25, 17.165, and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically, affordable housing. 4. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.165, and related Chapters of Title 17 KIBC. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY B) Case S16-003 (postponed from the October 21, 2015 regular meeting). Request a vacation of a portion of the platted Monashka Circle cul-de-sac right-of-way adjacent to Lots 9, 10A, 11A, and 12B, Block 1, Monashka Bay Subdivision (KIBC 16.60). This vacation will reduce the diameter of the cul-de-sac from 200' to 100'. The applicant is the Kodiak Island Borough and the agent is Reed Oswalt, Chair, Bay View Road Service Area. The location is the North end of Monashka Circle and the zoning is RR1-Rural Residential One. Maker stated this request seeks to vacate a portion of the 200' diameter Monashka Circle cul- de-sac right-of-way, reducing the right-of-way to a 100' diameter circle. Staff research raised concerns listed in the staff report. We did note that the improved driving surface doesn't meet what's required by existing Fire Code, which is a 96 foot diameter circle. The primary concern is to ensure retention of adequate right-of-way to accommodate the required 96' diameter improved driving surface and ancillary support areas such as slope and ditching. There is steep sloping topography and we want to ensure that there's enough retained and what is vacated does not serve public need. The applicant has not provided enough information to make that determination. Subsequently, it is not possible to accurately identify the portion of right-of-way that does not serve a public need. On October 28h, Mr. Oswalt submitted an additional drawing that did more accurately depict the existing conditions and it further shows that it's not a 96 foot diameter improved driving surface but it did more accurately depict the driveway locations. Twenty-eight public hearing notices were mailed on September 9, 2015. No public hearing notices were returned. Staff recommends postponement to allow the applicant time to provide additional information that shows the actual area required to support the improved cul-de-sac. At the request of the Commission, staff extended the extension period to six months as reflected in the motion provided in the supplemental staff report for this case. COMMISSIONER PAINTER MOVED to postpone Case S16-003 to the May 18, 2016 Planning and Zoning Commission regular meeting. Close regular meeting & open public hearing: Reed Oswalt, agent-Bay View Road Service Area, stated if the commission would drive out there to look at this they will see it's quite a bit smaller than the 100 foot it should be and the potential we have right now is we have a person who's going to be doing some work on their property and we have a situation where we can start dumping on there. It is their intent to get it to the correct size. Oswalt was unaware that there was a problem there. When the area was ditched, we found we did have a problem, and in doing that we found there is not a cul-de-sac that matches with the required cul-de-sac of 100 foot circle. We then found it was a 200 foot 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 3 of 7 circle so he took the manager to see it and he said the best thing to do was to get it down to 100 feet so that's what we're trying to do. If we can get it to 100 feet we can probably get it like it's supposed to be. The service area district decided to get it down to 100 feet to make it comply. Close public hearing & open regular meeting: Discussion regarding the need for more information on elevation and how they will get a 96 foot diameter, possibility of water and sewer services being installed in the future, and postponing for further information to be gathered. Consensus on postponing. Maker stated one thing that would allow us to determine the area required to accommodate the cul-de-sac would be reconstruction of the cul-de-sac to meet the standards, and provide a survey of the area with slope, topography, and any ditching and that will show us what area isn't required for support of the cul-de-sac. The other option would be to provide drawings from a State licensed engineer that shows the actual footprint required to accommodate the 96 foot driving surface. The 100 foot is the minimum diameter but within that 100 foot has to be all the ancillary support areas such as the slope and ditching. COMMISSIONER PAINTER said we got some feedback from some of the review agencies with one being from the Fire Marshal who said per Table D, 103 of the adopted 2009 International Fire Code, a minimum of 96 foot diameter driving surface is required in the cul-de-sacs. Because it is required, it would be difficult to go against the Fire Marshal and the Fire Code. Mr. Oswalt said with the grader going down there on the road, they can't make a full tum like they would do in a normal cul-de-sac so the grader itself is hindered. It was never completed correctly according to the original engineered drawings or anything else. Someone missed the boat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 16-403 (postponed from the October 21, 2015 regular meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Sawmill Subdivision, from Open Space/Recreation to Industrial/Light Industrial (KIBC 17.205). The applicant is Surf and Turf, LLC and the agent is Doreece Mutch. The location Is 1667 East Monashka Bay Road and the zoning is C-Conservation. Maker stated this is a request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Industrial/Light Industrial. This is a necessary prerequisite to rezone the subject lot from C-Conservation to I-Industrial. If the Future Land Use designation is changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. Five public hearing notices were mailed on September 10, 2015. One public hearing notice opposing the amendment was returned. Staff has determined that the amendment request is consistent with the objectives of the adopted Comprehensive Plan and meets the requirements of Title 17 of the Borough Code for amendments and changes. Staff recommends that the Commission forward this request to the Kodiak Island Borough Assembly with a recommendation for approval. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact"far Case No. 16-003. COMMISSIONER PAINTER stated the Case is 16-003 but the staff report motion says 16-002 so she corrected the motion to say Case 16-003. Close regular meeting &open public hearing: 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 4 of 7 None Close public hearing & open regular meeting: Discussion on this site abutting industrial land and being compatible with existing land uses, findings of fact covering it well, being the right size with adequate buffers. There was consensus to grant approval. FINDINGS OF FACT(KIBC 17.205.020.A-C) 1. The amendment will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for industrial use. 3. The lot is adjacent to I-Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The ]-Industrial zoning performance standards (KIBC 17.105.060) should further ensure that there are no negative impacts with future industrial development. 6. The amendment is consistent with various objectives of the adopted 2008 Comprehensive Plan and will facilitate a rezone that will further implement those objectives. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case S16-005: 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 35 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 On October 28, 2015, the applicant advised staff that they were revising the Preliminary Plat submission for this subdivision request. A subsequent request to postpone the public hearing to the December 16, 2015 regular meeting was submitted that same day. The revised plat was submitted on November 4, 2015. The specific revisions include reconfiguration of a roadway and affected lots and a reduction in the number of proposed lots. Postponement will accommodate re-advertisement of this request to allow public and review agency comment on the revisions, as well as provide the additional time required for staff review of the new plat. COMMISSIONER SPALINGER MOVED to postpone Case S16-005 to the December 16, 2015 Planning and Zoning Commission regular meeting. Close regular meeting & open public hearing: None Close public hearing & open regular meeting: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Discussion on amendments to Title 17 KIBC (Zoning) to establish development standards for Accessory Dwelling Units. Director Pederson stated it was his understanding that we are queuing this up for public hearing for the December,meeting so we'll get that packet out to you. Also on item 8B, the Small Lot Subdivision but we can queue that up for discussion at the December work session and we can advertise it for public hearing. If the commission is not ready to get there you can continue it to January. It would make sense to advertise it should you be comfortable with the language at the 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 5 of 7 time of your packet review. He said the PUD is background and he had mentioned we wouldn't tackle that until January the soonest, and the Killarney Hills we'll tackle after we get through with the PUD. B) Discussion on amendments to Title 17 KIBC (Zoning)to establish development standards for a Small Lot Subdivision Zoning District. Director Pederson gave staff report under Old Business A. C) Distribution of background information on Planned Unit Developments. Director Pederson gave staff report under Old Business A. E) Tract R-2, Killarney Hills Subdivision Planning Discussion Update-Placeholder Director Pederson gave staff report under Old Business A. NEW BUSINESS None COMMUNICATIONS None REPORTS A) Meeting Schedule: • December 9, 2015 work session-6:30pm-KIB Conference Room • December 16, 2015 regular meeting-6:30pm-Assembly Chambers • Discussion of potential dates for additional special meetings Director Pederson stated when we have the December work session we can discuss any additional meetings you want to hold in January on any of these items. B) Minutes of Other Meetings • June 23, 2015 Parks and Recreation Regular Meeting • July 28, 2015 Parks and Recreation Regular Meeting C) November Abbreviated & Final Approvals -Subdivisions • S15-013. Abbreviated Plat Procedure-Transmittal Memo & Plat 2015-26 • S15-018. Abbreviated Plat Procedure-Transmittal Memo & Plat 2015-25 • S16-001. Abbreviated Plat Procedure-Transmittal Memo & Plat 2015-27 COMMISSIONER SCHMITT MOVED to acknowledge receipt of reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Pederson stated that we've hired an associate planner. Jack Maker was promoted to associate planner filling Martin Lydick's position, and we advertised and selected Sarah Mason. She is currently employed with DOT in Juneau and she'll be starting the first week in January. She's trained as a planner and has worked in Fairbanks, Anchorage, and Juneau. CITIZEN COMMENTS None COMMISSIONER COMMENTS Maria Painter wished everyone a happy Thanksgiving. Alan Schmitt commended the vice chair for his handling of the meeting tonight. 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 6 of 7 Jay Baldwin thanked staff for the opportunity for the training in Anchorage; it was a learning experience. He wished everyone happy holidays. ADJOURNMENT COMMISSIONER SPALINGER MOVED to adjourn. VICE CHAIR BALDWIN adjourned the meeting at 7:13 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY: Scott Arndt, Chair ATTEST Sheila Smith, Secre ary Community Development Department APPROVED: December 16, 2015 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 7 of 7