Loading...
2016-04-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES )ril 20, 2016 Regular Meeting 6:30 i(I 2016 CALL TO ORDER CHAIR ARNDT called to order the April 20, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scots Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, Alan Schmitt, and Greg Spalinger. A quorum was established. Community Development Department staff present was Director Pederson, Sheila Smith, and Sara Mason, APPROVAL OF AGENDA COMMISSIONER BALDWIN MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMIOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the March 16, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Agenda Items Not Scheduled For Public Hearing And General Comments. Limited To Three Minutes Per Speaker. Local Number: 486 -3231; Toll Free: 1 -855- 492 -9202. Judi Kidder stated she appreciates the roll of Planning and Zoning in the community. Commissioners come and go and it's very important that the commission has a very clear understanding of what your role is; to look out for the interests of the public good. Sometimes there are decisions that come up, for example the Jackson's thing, that should have been considered by Planning and Zoning because of the impact to the community at large. Conditions could have been imposed. Had it gone through this procedure to mitigate some of the issues that we have coming up with being pushed into a corner with nowhere to go but off a cliff. She thinks it's responsible that perhaps there's an amendment to the code to make sure this doesn't happen again. She's all for improving Kodiak and upgrading things and everything else, but you don't walk on people that have no means to help themselves. You are there to protect the public good and the fallout from this is going to have a huge impact on Social Services. Our budgets are being cut and that means non - profit funding is right there in the crossfire. What's coming up in the next few months, there's going to be a strain on Social Services because of the situation going on. There are some serious changes that need to be made in hindsight. She would like to have those looked at. For those commissioners that aren't very familiar, look on the State of Alaska website under Planning and Zoning to see exactly what is listed as your duties and obligations because there are some things that are ambiguous in the borough code. Things have fallen through the cracks which is a dis- service to the community. In the future, as you look at the small lots etcetera, as you know we are having difficulty finding spaces just to fit some of those long trailers in and she is one of them. We deserve a place to put our homes and we can't Kodiak Island Borough Planning & Zoning Commission Minutes April 20„ 2016 Page 1 do it because there's a physical impossibility through no fault of our own. Those things are a lack of forward planning on behalf of Community Development and perhaps past Planning and Zoning as the town is developed. Those kinds of things should be looked for and anticipated so you don't penalize the little people in favor of the ones that do have the money to do what they need to do. PUBLIC HEARINGS Public Testimony Is Limited To Three Minutes Per Speaker. Local Number: 486 -3231; Toll Free: 1- 855 -492 -9202. A) CASE 16 -010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B- Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The applicant is Alaska Wireless Network, and the agent is New Horizons Telecom, Inc. The location is 1812 Mill Bay Road, and the zoning is B- Business. The motion on the table from the March 16, 2016 regular meeting is: COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty-seven (67) foot tall cellular communications tower that exceeds the B- Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road ( Airpark Subdivision, Block 3, Lot 4), 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 -010. Director Pederson said he will lead off and if you have any questions, Mason has worked on the case. When we talked after the work session about some of the details or nuances of the application that weren't squared up Pederson recommended to Mason that we make a request for a sixty day continuance. This is the third month this item has been before you where the third location for the same site, and it's a very simplistic recommendation and that thirty day postponements haven't worked here before so we thought sixty days is a way to pin down the site, get the application details nailed down, and further opportunities to interact with the adjoining property owners. That was the basis for the sixty day postponement. Other than that if you have details about the application and what the ongoing discussions with the applicant were, Mason can fill you in. Mason stated this was originally on our February agenda, and we talked about it at the February work session. We didn't have a quorum for the February regular meeting and then last month we postponed it to this month. Since last month's public hearing we have received an updated site plan and fall zone survey that is in your packet, and then last week during the work session there was at least one question about public safety and frequencies and there is a memo in your packet that addresses that. Director Pederson said for the benefit of COMMISSIONER SCHMITT who wan't at the work session, he did relay his concern about the FCC license application being current to square up with the most recent application. We did talk about that, and he's not sure if they re -tiled it or not. Mason stated the ASR, the antennae registration, they are working on having that updated now but currently the latlongs don't match the site plan on the ASR registration. COMMISSIONER SCHMITT MOVED to amend the motion on the floor by adding "subject to one condition of approval" at the end of the motion. The Condition of Approval is: 1. Prior to issuance of zoning compliance, the applicant shall provide certification that the FCC has approve its application to construct the subject tower as proposed. Open public hearing: Sherry Greenshields stated she's a Site Consultant for Alaska Wireless Network and she's calling about the proposed Bartel tower site Variance. We understand our application is Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 2 incomplete without the updated ASR plus we need to answer commission questions from the April 13th work session. We would like to request our hearing be delayed until May 18'". CHAIR ARNDT requested Sheila Smith read into the record the comments from Stosh Anderson. Smith read his email and letter into the record. Kevin Arndt stated he sent in a letter concerning this third time coming before the commission, they implemented a condition that the fall zone be within their property. At that time, they were putting the tower in the middle of the property, and then this time they moved it all the way over next to his property line knowing there was already a condition but for some reason there's not a condition on it at this point. Arndt requested that the condition is put back into play, you could call it public safety due to the fact that it limits him on what he can do on his property. He would not, with the tower right there, put in a housing residential complex. There were four things that he had in mind to do there, one being a trailer court, and the other two were commercial, and one was resdidential. At this point, he would have to take that off the table completely. He doesn't know why they would move it away from an existing house so that the fall zone was not there but they felt it was OK to move it to someone else's property line right next to it. He doesn't see the fall zone radius even showing for the property in the back which maybe they didn't have to at this point. He would recommend that that P &Z look at a code change to a lot for these fall zones to be within the property. He guesses that right now everyone is grandfathered that have them but to implement it for future ones. It should be within your own property. He doesn't understand this but again he asked the commission to put this on as a condition. Close public hearing: COMMISSIONER PAINTER wanted to clarify one thing that was mentioned at the work session and was misunderstood. Public safety and frequency- there's enough data that she couldn't speak on that because the FCC manages those licenses and frequencies. What she was speaking to was the possibility of telecommunications system that could cause radio frequency interference with public safety communications. A lot of other communities require that a stamp or sealed analysis prepared by a registered professional engineer licensed in their state do an affidavit or something to that effect that says it would not because it would be really costly. She's not saying we have to do that but that was what she was mentioning and was turned around. When she first thought about this case she was really wanting it to be in the center of the property because of the fall zone, and someone just mentioned that if it was a fifty foot tower put on the property line, there's no issue because it's within the height limit so she's torn between that statement, if it was a fifty foot monopole on the property line or near it, there's no requirements because there's nothing in our code. She agrees with what Kevin Arndt said, but a sixty-seven foot tower is above and beyond the height limits so those are the things we're going to have discuss. COMMISSIONER SPALINGER MOVED to postpone to the June 15, 2016 Planning and Zoning regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Case 16 -012. Adoption of Findings of Fact in support of the Commission's denial of a rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from R2-Two-family Residential to R -3 Multifamily Residential (KIBC 17.205). Director Pederson stated Maker prepared this memo dated April 151' recommending Findings of Fact in support of the denial of the rezone and he proposes five findings of fact for your consideration. He said the applicant has requested the assembly review this action of P &Z and it will be scheduled as soon as P &Z adopts findings of facts. Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 3 COMMISSIONER BALDWIN MOVED to following findings as "Findings of Fact" for Case No, 16 -012. COMMISSIONER BALDWIN MOVED to amend the motion Finding #4 to read "The existing zoning is consistant with Urban Resiential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan." FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The applicants have not adequately demonstrated a need or justification for a rezone from R2 -Two Family Residential to R3- Mufti- family Residential. 2. Each of the two parcels is developed with a multi - family dwelling. Both structures are legal nonconforming land uses in R2 zoning (constructed prior to June 5, 1980). Accordingly, a rezone to R3 is not necessary. 3. A rezone to R3 would allow the structures to be reconstructed as multi- family dwellings should they be destroyed. Any such reconstruction would be subject to the regulations of Title 17 KIBC (Zoning), including the provision of required offstreet parking. Due to parcel size and topographical constraints, compliance with those requirements would likely be challenging. Accordingly, a rezone to R3 appears to provide no practical benefit to the property owners. 4. The existing zoning is consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends denial of this rezone. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5 -1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, PAINTER, AND SPALINGER. The noe was COMMISSIONER SCHMITT. NEW BUSINESS A) Case 16 -015. Request a screening review for construction of a hotel on a B- Business zoned lot that is adjacent to residential zoning and uses. The applicant proposes the use of 4' tall evergreen shrubs as adequate screening (KIBC 17.90.050C, Location: 203 Alder Lane and 218 Rezanof Drive West). COMMISSIONER BALDWIN MOVED to approve the use of 4' evergreen shrubs as adequate screening for a hotel on Lot 20, Alder - Natalia Subdivision and Lots 2A through 2C, Block 19, Kodiak Townsite 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 -015. Director Pederson stated at your work session on April 13°i the commission requested the elevation views of the site that the applicant's representative had laid on the table be submitted so everyone had a copy and they are in your packet. They consist of the site plan and elevation drawings. Mr. Knowles submitted four drawings. There was also a discussion as to whether screening would be necessary adjacent to the right -of -way for Alder Lane and adjacent to Lot 5. Lot 5 is in the same ownership and is zoned Business developed with the KI property. They didn't feel that screening between one part of the new facility and the existing facility may not be necessary. On Alder Lane there was discussion because of that curve and the need for visibility when people are coming down the hill that screening along Alder Lane may not be necessary for that location. COMMISSIONER SCHMITT said because he wasn't here for the work session, he is looking at what was given to us on page 2 of 14, the site plan that shows lot numbers, those lot numbers don't match up with the recommended motion. For instance, there's not a Lot 2A, 213, or 2C. CHAIR ARNDT invited Ken Knowles, agent for Island Holdings, to come up to the podium Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 4 Ken Knowles stated there's a property vacation which Lot 2 is going to be the unified Lot 2A, 2B, and 2C under a vacation that's been approved at this point but it hasn't been finally platted. At the time of this request Lots 2A, 213, and 2C still existed but in order to have all the parking functions that show, they have to be on a single lot. Director Pederson concurred with Knowles comments and if it helps for the record and the motion perhaps the motion could be amended to say the screening as shown on the site plan sheet A2.0 submitted with the application. That would tie it to this site plan. Knowles stated Lot 5 currently has a four -plex on it that's owned by the same owners. At some point in the future that will be developed and they have no need for screening there, it's more of a continuous property. He also spoke to the owners about the screening as we discussed at the work session along Alder Lane, they feel the need for some security there, possibly a chain link fence with no slats or anything else so that on the high side you can see from the topographical renditions there will be a reasonably tall, over 8 feet, retaining wall at the top and where safety is concerned we would have some sort of barrier there whether it's a screening barrier or a chain link fence remains to be seen. If we screen, it's obvious that it's a good idea to have a barrier between the residential property and the commercial property. CHAIR ARNDT said he sees that as not being screened from a safety standpoint. We received a recommendation from staff to attach the site plan on page A2.0 so we don't get confused with the replat, and then we have a second recommendation to remove the screening along Alder Lane and Lot 5. COMMISSIONER SPALINGER MOVED to amend the motion to remove the screening requirement on Alder Lane and Lot 5. COMMISSIONER PAINTER MOVED to amend the motion to approve the use of 4 foot evergreen shrubs shown on A2.0 of the site plan in the packet as adequate screening for a hotel on Lot 20, Alder /Natalia Subdivision. FINDINGS OF FACT The installation of 4' tall evergreen shrubs, shown on site plan A2.0, should satisfy the screening performance standard of KIBC 17.90.050C and 17.175.080.D., and no screening required on Alder Lane and Lot 5. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CAL VOTE ON MOTION AS AMENDED CARRIED B) Discussion of Tract R -2, Killarney Hills Subdivision master plan (scope and timeframe). Director Pederson stated Mason took your comments from last time and tweaked the master plan scope and timeframe. We are requesting that you adopt a motion to approve that and in doing so, in full recognition this is an ongoing planning process. We consider that to be a living document that as information and details emerge in discussions with stakeholders and public. Many things about that may change all of which we would keep P&Z in the loop on and we just want to bring some closure to the scope so we can be focusing on that, a document and moving forward. He said Mason has already drafted a public involvement participation plan. He looked at it yesterday so that will be coming to the commission very soon. COMMISSIONER SCHMITT MOVED to approve the proposed master planning process. COMMISSIONER SCHMITT said he's excited to see this actually start to get some meat on the bones. He's concerned about the use of the word may when we're talking about the cost estimates for moving the ballfield. He thinks it should be considered but he'll trust staff to act appropriately on that. It looks like all the various user groups and people that have an interest in Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 5 this are going to be involved in the process; he thinks that is critical. It looks like enough time is being allowed to have the number of public hearings that are going to be needed. He supports it. COMMISSIONER PAINTER said at the work session we just kind of barely touched base on this. We kind of looked at it and said we would discuss it but we really didn't go into any detail and she requested more time to review it in more detail. COMMISSIONER PAINTER MOVED to postpone to the May 11 work session and the May 18 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5 -1. The ayes were COMMISSIONERS ARNDT, BALWIN, ALTENHOF, PAINTER, AND SPALINGER. The noe was COMMISSIONER SCHMITT. COMMUNICATIONS A. March Planning and Zoning Commission Case Results Letters B) Notice of Violation and Order dated 3/1012016 C) Letter of Courtesy and Advisory dated 3/1012016 D) Letter of Courtesy and Advisory dated 3130/2016 E) Letter of Courtesy and Advisory dated 4/5/2016 F) Letter of Courtesy and Advisory dated 4/5/2016 COMMISSIONER BALDWIN MOVED to acknowledge receipt of communications. COMMISSIONER SCHMITT said last month during our regular meeting there was a joint meeting of the Assembly /City Council to discuss Planning and Zoning issues where Director Pederson left our meeting to attend that meeting. Can we get some kind of report. Director Pederson stated the discussion revolved around the ADU proposed ordinance and utility issues. He had the opportunity to speak with Mayor Branson just prior to that meeting. There was a memo he prepared in response to the letter from the mayor asking what information are they looking for. He thinks there was general agreement to keep the lines of communication open with the city. We've met with Mark Kozak at least twice this week and a couple of phone calls. There are maps underway to show all the under - utilized land in the various zoning districts that are connected to the water and sewer system. For example, R -2 zoned lots that only have a single family dwelling on them, R -3 zoned lots that have three units or less on them, and vacant lots in the areas subject to those utilities. If you recall the issue raised was questions of adequate capacity of the city infrastructure. Mr. Kozak is being clear that there's no water capacity issue and it doesn't appear to be a treatment capacity issue of the city treatment plant. There are infiltration issues that we've talked about before and there are certainly some heavy rain seasonal flow issues, and some of that is geographically determined by based on which lift stations, there's some lift stations and transmission line capacity and that's what we are trying to map and show to bring more of that data to you for your hearing in May. We are continuing to work with the city in that regard. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: May 11, 2016 Work Session -6:30 p.m.- Borough Conference Room • May 18, 2016 Regular Meeting -6:30 p.m. B. Abbreviated & Final Approvals — Subdivisions • S16 -002 Abbreviated - Transmittal Memo & Plat 2016 -01 C. Minutes of Other Meetings • January 26, 2016 Parks and Recreation Committee Regular Meeting Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 6 • February 23, 2016 Parks and Recreation Committee Regular Meeting COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Pederson stated that Finance Director Karl Short is retiring the end of next week after almost thirty-three years. The assembly is considering an appointment of the manager's selection for Finance Director at their meeting tomorrow night. The Borough Lands Committee met today and past a resolution to forward to the assembly to consider about fourteen parcels for a sale later this fall. The assembly will vote to initiate disposal and then that will come back to P &Z for your review with a staff report from both Community Development Department and the Borough Resource Mananger, and then it will go back to the assembly for final approval of the disposal and land sale. That is for some of the short range pacels that were identified in the Borough Lands Committee process. There are two other categories: medium term and long term. Work will shift more towards medim term parcels and some of the considerations of that. The other thing is that they would like to see some fairly quick work on some selected amendments to Title 18 involving the land disposal process even to the extent of those, hopefully will be completed before the land sale in the fall. The manager will be talking to Duane Dvorak about this when he returns week after next. The next Lands Committee meeting is May 4t' at noon in the KIB conference room. The GIS functions and GIS Technician have moved from the IT Department to the Community Development Department. In the next month or two you will see, in 2013 to amend a couple of sections of borough code addressing sections of the code to bring it up to current standards that the Emergency Service Provider's use nationwide for addressing. There are a couple of small tweeks that would also need to amend Title 16- Subdivisions and basically the thrust there would be to assign addresses to a lot at the time of preliminary plat approval. This will be part of a larger package of borough amendments to the addressing codes. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. RLocal number is 486 -3231; Toll Free is 1- 855 -492 -9202. None COMMISSIONER COMMENTS None ADJOURNMENT COMMISSIONER SPALINGER MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:27 p.m. KODIAK ISLAND BOROUGH PLANNN ONI G OMMISSION By: Sc Scott Arndt, Chair ATTEST" By: Sheila Smith, ecre Community Development Department APPROVED: May 18, 2016 Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 7