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2016-09-21 Regular Meetingr ' l KODIAK ISLAND BOROUGH ; 77 l 2016 PLANNING AND ZONING COMMISSION REGULAR ME6 MINUTES September 21, 2016 Regular Meeting 6:30 pm-BoroughlIA66embly01h6mbers CALL TO ORDER CHAIR ARNDT called to order the September 21, 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 Requested excusal was Greg Spalinger due to being out of state for personal matters. Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, and Alan Schmitt. Excused was Greg Spalinger. A quorum was established COMMISSIONER BALDWIN MOVED to excuse Greg Spalinger due to being out of state for personal matters. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Sara Mason, Sheila Smith, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER BALDWIN MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ALTENHOF MOVED to approve the August 17, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A. CASE 17-003 (Postponed from the August 17, 2016 regular meeting, the two cases that follow apply to the same parcel). Request a Title 18 Land Disposal review to consider disposal of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition (Chapter 18.20 KIBC). The intent of this request is to make the parcel available for residential development. The applicant is the Kodiak Island Borough Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 1 and the agent is the KIB Resource Management Officer. The location is 3034 Sharatin Road and the zoning is PL -Public Use Lands. Motion on the floor from the August 17, 2016 regular meeting: COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-06, recommending disposal of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1 st Addition 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. 17-003. DIRECTOR MASON stated the department received an additional thirty-seven comments with thirty-six against the land disposal or development, and one comment in favor of disposal but under the condition that buffers be left with trees for sound and smells from the water treatment facility. Staff believes the number of comments received is significant and from the comments staff has determined that the parcel is not surplus to the public's need and is an important part of the community in its current state. It is being used for recreational purposes. Although the disposal is consistant with a number of goals, policies, and implementation actions in the Comp Plan retention of the property it is also consistant with several of the goals, objectives, and policies in the Comp Plan. She talked with the Borough Resource Officer about not necessarily disposing of all of the parcel and perhaps at some point disposing of part of the parcel. It would be a good discussion to have with the commission and public to see what the long term vision should be. Staff recommended, at this point, denial because the whole parcel is not surplus to the public's need and to adopt the new resolution recommending retention of this parcel. In response to COMMISSIONER PAINTER'S inquiry about any discussion with the possibility of line of sight issues due to the curve and where the access point would be, Rezanof or Sharatine, Director Mason stated she would imagine that DOT, who owns and maintains Rezanof would be disinclined to allow access to a new subdivision at any point at which this parcel fronts Rezanof. The borough or DOT also wouldn't want a driveway for a new road within a certain distance of the existing intersection. Given the topography access may be a challenge. It could be a reconfiguration of existing lots on Wilton White Way may be the most likely to cause the least impact to traffic. Mason requested Duane Dvorak to speak on the request. Duane Dvorak, KIB Resource Management Officer, stated the Borough Lands Committee identified this property, recommended it for disposal, and it wouldn't be intended for disposal at a land sale per se. The committee perceived that the property would of the greatest value to someone who already owns access along the periphery of this property, either Spruce Cape or Wilton White Way or was in a position to purchase some access, not only for vehicular access but also for utility purposes. This property doesn't have good access to water utilities. As it stands it's not really developable without someone who has a plan to get access. Whether or not DOT would approve an access to Rezanof, he agrees it probably wouldn't be well advised but until someone asks and gets an answer he wouldn't rule it out. We would be looking for someone who would have the wherewithal to bring access from either Spruce Cape or Wilton White Way, which would be the most likely scenarios. He doesn't see access coming off Sharatine, the curve and traffic that is there, there's a topographical break as it comes around that area. He doesn't see how you could get a road in there. Open public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 2 Sharon Kennedy spoke opposing this disposal stating she would like to know what criteria is involved in moving something in surplus to the three stages this was to go through and where this property meets that criteria, and if there is a study showing a need for more residential lots in this area. Les James spoke opposing this disposal stating the thirty-five other people who commented agree it should be left the way it is. People recreate there, families take their kids there, they sled, ride bikes, ride horses, and berry pick. He's not sure there is a need for those lots. Traffic problems look bad, even coming out of Wilton White. The only place for kids to play on Perez is the street. There are no sidewalks or parks and the kids play in the street. To put more lots in there and cars on the road doesn't seem like a good planning decision. For a contractor to scoop all of that up and not to offer it to the public doesn't seem right. He would fight it if a developer buys all of that. Duane Dvorak, agent, spoke in favor of this disposal stating the change in the recommendation was quite significant from recommendation for approval predicated on the perceived need for residential versus recommendation for denial predicated on the perceived need for recreation and open space. Looking at this month's current recommendation he thinks from the Resource Management perspective how much open space and parks do we need, does this property meet the criteria of the policy which talks about high level of quality of the recreational experience in Kodiak for both residents and visitors. This property is not managed property. Very little access, the pedestrian path along Rezanof is on the other side of the road, there aren't any sidewalks that come to this property or provide any kind of suitable access. He thinks the people that use this property mostly are adjoining property owners. Does the community really need 3.6 acres or could they get by with '/Z an acre or 1 acre? This isn't a piece of property that we're trying to prepare for a land sale so there's no fixed deadline. He would hate to see this go down based on an all or nothing proposition, there may be other ways of looking at this. Bob Scholze spoke in favor of the disposal, at least a modified, limited, or partial disposal. The staff report cites that thirty-seven additional public comments of which thirty-six were against. He finds that to be significant but he disagrees to some extent. Twenty-three of those are on the same pre -formatted form with language in there. He recognized the value of open space as much as anyone since he lives one hundred yards away. The use he's most familiar with is the motorcycles and four wheelers. He appreciates the open space, habitat, berry picking, and he's also seen deer and bear there but he believes there's an opportunity, if not dispose of all of it at least dispose a portion of it. Close public hearing: Commission discussion regarding the Lands Committee, land identified for disposal, perceived need for housing, and it being used for berry picking and other open space recreational activities, not being advantageous for a developed park due to terrain and access, and partial disposal. CHAIR ARNDT stated for the record that one of the interested parties in the property is an adjacent land owner who is his brother, Kevin Arndt. CHAIR ARNDT stated he has no interest in financial dealings with his brother. COMMISSIONER PAINTER MOVED to amend the motion to adopt Planning and Zoning Commission Resolution No. FY 2017-06, recommending disposal of aportion of Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 3 Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition 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. 17-003. Staff stated the amendment is not clear enough, the area needs to be specifically identified. ROLL CALL VOTE ON MOTION TO AMEND FAILED 4-1. The noes were COMMISSIONERS ARNDT,BALDWIN, ALTENHOF, and SCHMITT. The aye was COMMISSIONER PAINTER. ROLL CALL VOTE ON MOTION FAILED 4-1. The noes were COMMISSIONERS BALDWIN, ALTNEHOF, PAINTER, SCHMITT. The aye was COMMISSIONER ARNDT. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-09, recommending retention of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1 st Addition and to adopt the findings of fact listed in the staff report dated September 26, 2016 as "Findings of Fact" for Case 17-003. Commission discussion of a collective effort from P&Z, Assembly, Lands Committee City Council, and the public to work through a much larger discussion of where we are, where we are intending to go, and why; the perceived need to open lands to the public; and the public hearing process. FINDINGS OF FACT 1. The public has indicated that this parcel is valued in its natural state and is considered by the surrounding neighborhood and community at -large as a need for recreation, wildlife habitat, environmental preservation, and community aesthetics. 2. Developable lots are a known need throughout the Borough and disposal of this lot would provide access to additional residential land. However, this parcel is not surplus to the public's need, as indicated in finding of fact #1. 3. Retention of this parcel is supported by various land use and parks & recreation goals, policies, and implementation actions identified in the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED 4-1. The ayes were COMMISSIONERS BALDWIN, ALTENHOF, PAINTER, and SCHMITT. The noe was COMMISSIONER ARNDT. B. CASE 17-004 (Postponed from the August 17, 2016 regular meeting). Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition from Public Facilities/Ownership to Urban Residential (Chapter 17.205 KIBC). The intent of this request is to facilitate a rezone that will permit residential construction on this parcel. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 3034 Sharatin Road and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to deny the Comprehensive Plan amendment to change the Future Land Use Designation of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition from Public Facilities/Ownership to Urban Residential (KIB 17.205) and to adopt the findings of fact listed in the staff report dated September 6, 2016 as "Findings of Fact" for Case 17-004. Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 4 Director Mason reported given that the commission just voted to retain this parcel and have it remain under borough ownership we don't feel it would be appropriate to change the future land use designation or the zoning district. Open public hearing: Sharon Kennedy spoke in favor of keeping this parcel in borough ownership as open space/recreation. Duane Dvorak, KIB Resource Management Officer, stated the action on the previous case is not withstanding and knowing that will go forward all three of these cases are inter -related and staff would expect to file for an elevation of the Comp Plan adjustment and the rezone cases so they will go to the assembly together. Les James spoke in favor of retaining this parcel for open space/recreation and stated something was brought up about the college property being available for recreation, there's no access for kids. You are putting them on Rezanof to cross the road, there are no stop lights or crosswalks, and very little shoulder on those roads. It's another reason to retain this parcel so kids can recreate; it doesn't cost anything or put them in danger. Close public hearing ROLL CALL VOTE ON MOTION FAILED 2-3. The noes were COMMISSIONERS ARNDT and PAINTER. The ayes were COMMISSIONER BALDWIN, ALTENHOF, and SCHMITT. C. CASE 17-005 (Postponed from the August 17, 2016 regular meeting). Request a Rezone of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition from PL - Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). The intent of this request is to rezone this parcel to a zoning district that permits residential construction. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 3034 Sharatin Road and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to deny the rezone of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition from PL -Public Use Lands District to 132 -Two-family Residential District (KIB 17.205) and to adopt the findings of fact listed in the staff report dated September 6, 2016 as "Findings of Fact" for Case 17-005. Director Mason reported if it is the intent to retain this parcel under borough ownership staff believes it is not appropriate at this time to rezone to a residential zoning district. Open public hearing: Duane Dvorak, Resource Management Officer, stated staff had requested R2 zoning for this request thinking it abutted R3 and R2 zoned land. The intent was to try to create additional residential opportunities. He has heard comments about potential traffic generation and he has seen the additional analysis that was done in the supplement. Even though it's currently designated public and open space, that designation is because of borough ownership, there isn't any plan to develop any kind of recreational facilities there. The residential designation in the Comp Plan doesn't specify by density either. Sharon Kennedy spoke in favor of not rezoning this parcel. Les James spoke in favor of not rezoning this parcel. Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 5 Close public hearing: FINDINGS OF FACT 1. The subject parcel has been used as an unimproved park/recreational space by neighborhood residents for many years. 2. The subject parcel may not be capable of providing suitable urban residential building sites based on topographical constraints, drainage, access, and utility issues. 3. Retention of this parcel is supported by various land use and parks & recreation goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 4. The current zoning is consistent with the Future Land Use Designation, per Case No. 17-004. 5. The Planning and Zoning Commission recommends denial of this rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D. CASE 17-006 (Postponed from the August 17, 2016 regular meeting). Request a Title 18 Land Disposal review to consider disposal of Lots 1 and 2, Raven Hills Subdivision (Chapter 18.20 KIBC). The intent of this request is to offer these parcels for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 2800 Monashka Bay Road & 1684 Sawmill Circle and the zoning is RR1-Rural Residential One. Motion on the floor from the August 17. 2016 regular meeting: COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-07, recommending disposal of Lots 1 and 2, Raven Hills Subdivision 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 17-006. Director Mason reported that research completed by the Resource Management Officer revealed the driveway permit that was previously issued by DOT had expired but Dvorak talked to DOT so getting a new permit with the updated language DOT uses now for their driveway permits is probable. Cost estimates for construction of a shared driveway between the two parcels was much lower than anticipated, most likely within the Manager's expenditure authority. The Resource Management Officer is requesting the parcels be disposed of with the current lot configuration and Community Development Department staff agrees that it would be satisfactory. We are still supporting the land disposal. Open public hearing: Duane Dvorak, Resource Management Officer, stated this parcel was previously approved under a different legal description and staff brought it back with its new legal description. DOT has changed the language of their joint driveway permits and they would issue a new permit. There is some significant rock wall along Sawmill Circle but coming in from the lateral makes the most sense due to the topographical issues. We went for cost estimates for the driveway but we didn't get two competitive quotes, we only got one quote back that is within the manager's authority to build the driveway. In order to get two lots for sale it would be better to construct the driveway. Even though it's of substantial cost and within the manager's authority, the manager will have this forwarded to the assembly letting them deal with the disposal and the driveway. get the Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 6 driveway constructed or hire a surveyor to collapse it back into one lot but there would be substantial cost and time. The options are to either build the driveway so it's in a sellable, developable condition or vacate the lot line and driveway to make it one large lot. Close public hearing: Brief discussion. FINDINGS OF FACT 1. The subject parcels are surplus to the public's need and, as such, are suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide two lots that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E. CASE 17-009. Request a Conditional Use Permit (KIBC 17.50.040.H and 17.200) to construct an emergency power generation plant on a ± 2,500 sq. ft. leased portion of Tract 2, U.S. Survey 5509. The applicant is the City of Port Lions. The location is No House Number Kizhuyak Drive, Port Lions and the zoning is C - Conservation. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit, per KIBC 17.50.040.H and 17.200, to construct an emergency power generation plant on a ± 2,500 sq. ft. leased portion of Tract 2, U.S. Survey 5509, subject to two (2) conditions of approval and to adopt the findings of fact listed in the staff report dated September 15, 2016 as "Findings of Fact" for Case 17-009. Jack Maker stated this request is for construction of an emergency power generation plant on a Conservation zoned parcel owned by the City of Port Lions. It is a joint effort between the City of Port Lions and Kodiak Electric Association to replace the aging emergency generation plant located on an Industrial zoned parcel. This site is centrally located between both sections of town that will allow the emergency power to both sections more easily and will be more protected from tsunamis. Proposed is a 24' x 25' storage building with a large diesel powered generator and associated transformers that will be fenced in. Staff recommends approval. Open public hearing: None Close public hearing: CONDITIONS OF APPROVAL 1. To prevent entry by the general public, a six foot tall fence shall be constructed around the perimeter of the site. Signs prohibiting entry by unauthorized personnel shall be posted on the four outer sides of the fence. 2. No structure shall be constructed closer than fifty-five (55) feet from the center of the improved driving surface of Kizhuyak Drive. FINDINGS OF FACT 1. The conditions of approval for this conditional use will ensure that the value, spirit, Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 7 character, and integrity of the surrounding area are maintained to the maximum extent possible. 2. The conditional use fulfills all C -Conservation zoning district requirements. Compliance with those requirements and the conditions of approval will be further ensured during issuance of zoning compliance for the project 3. This facility will provide a service that will enhance public health, safety, convenience, and comfort within the community of Port Lions. The project is designed in accordance with acceptable engineering standards and will be constructed, maintained, and operated in accordance with all applicable federal, state, and local requirements. The conditions of approval will further ensure that the facility is not harmful to the public. 4. The selected site fulfills all engineering requirements and the conditions of approval will ensure sufficient setbacks, buffers, and other safeguards are provided. 5. The site is specifically located to maximize public benefit. The site provides better protection from tsunamis and is located between the two main sections of the City. The central location will more easily accommodate the provision emergency power to the entire community during main power system failures. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F. CASE 17-010. Request a variance (KIBC 17.105.040.A.2 and 17.195) to allow an 8' x 20' accessory building (landfill customer service and support building) to encroach 34' into the required I -Industrial zoning 50' front yard setback on Lot 1A, Kodiak Island Borough Landfill Subdivision. This request is an effort by the Borough to improve landfill customer safety and service by locating the building next to the existing landfill scales. The applicant is the Kodiak Island Borough and the agent is Dave Conrad, KIB Construction Inspector and Engineer. The location is 1203 Monashka Bay Road and the zoning is I -Industrial. COMMISSIONER PAINTER MOVED to grant a variance, per KIBC 17.105.040.A.2 and 17.195, to allow an 8' x 20' accessory building (landfill customer service and support building) to encroach 34' into the required I -Industrial zoning 50' front yard setback on Lot 1A, Kodiak Island Borough Landfill Subdivision, and to adopt the findings of fact listed in the staff report dated September 7, 2016 as "Findings of Fact" for 17-010. Maker stated this is the borough;s effort to improve landfill customer safety and service. The existing customer service building is next to the baler building and the scales are near the front property line. By relocating the building next to the scales, it will allow customers to drive in onto the scale for their full weight, unload, drive back onto the scales to get their empty weight and obtain their ticket without having to transit across the heavy traffic area to improve safety. Staff recommends approval of this request. Open public hearing: Dave Conrad, agent, encouraged the commission to move this forward. This is a result of taking advantage of software purchased for the update to the billing for the landfill. It will streamline, especially the commercial carriers that are on and off the property continuously as they won't have to get out of their vehicles to walk across. There are times when it is very congested when it's wet and icy. It would be a safety advantage to the public and time spent there. Close public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 8 Brief discussion FINDINGS OF FACT 1. The longstanding location of the existing bailer building, scales, and traffic flow for landfill operations require that the landfill customer service and support building be placed near the scales to provide optimal public customer service in a safe efficient manner. 2. The strict application of the I -Industrial zoning district 50' front yard setback requirement would not allow the building to be placed a manner that would maximize public benefit. 3. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity. Placing the building within the setback will have a minimal impact on site aesthetics. That minimal impact is more than compensated for by the resultant improvements to public safety, general welfare, and customer service. 4. Granting of the variance is consistent with various objectives of the adopted Comprehensive Plan. 5. The special conditions from which relief is being sought are caused by the longstanding location of the existing bailer building, scales, and traffic flow for landfill operations, not the applicant. 6. The granting of this variance will allow construction of an accessory building on an (- Industrial zoned parcel. Accessory Buildings are listed as a permitted use in that zoning district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY G. CASE S17-002. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 593 Island Lake Road and the zoning is PL -Public Use Lands. (rezone to R2 -Two -Family Residential pending final approval by the Borough Assembly) COMMISSIONER BALDWIN MOVED to postpone Case S17-002 to the November 16, 2016 Planning and Zoning Commission regular meeting. Maker stated this is a borough owned lot that follows the recent Land Disposal request. It is retaining a 2 acre portion and subdividing a 1 acre portion. It will be offered at a future land sale. Staff recommends postponement to allow for a drainage plan to be done and submitted by the Resource Management Officer per commission direction at the work session. In response to COMMISSIONER PAINTER'S inquiry of will the new plat change the original covenant language or will it be a legal problem for the owners later on because we've changed that language regardless of us moving around properties, we could have moved it to where there's a lot of slope, etc. and not retain a portion but she believes we're supposed to save this, the covenant says to save Lot 1A -4E. Maker stated the recording of this plat is, that covenant is like vacating a portion of an easement, it would be considered similar, you would say easement vacated this plat and specifically in the plat notes it says the original plat of Lot 1A-4, Plat 93-12 has a covenant designating all of Lot 1A-1 and 1A-4 for parks and recreational purpose and it specifically states this plat amends the covenant as it pertains to Lot 1A-4 only, Lot 1A -4E created this survey will remain designated for parks and recreational purpose. Lots 1A -4A, 4B, 4C, and 4D created this survey are not designated for parks and recreation by this plat. Once this is recorded it is a legal document and that plat note will replace the old covenant. Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 9 Open public hearing: Duane Dvorak, Resource Management Officer stated he concurs with staffs recommendation. There should be adequate time to get a drainage plan by November. Before we do anything we need a plan approved by the commission that we can put out for bid, it woud be a specific scope of work. We are trying to get these lots together for land sale. We are projecting the land sale to be in April 2017 and it does put some time constraint on things but still doable. Don Swanson stated a few things came to light about this rezone and subdivision that he talked about at the last meeting. There is a drainage issue on those lots. He lives adjacent to the corner, the closest resident to those lots to be developed. He would like to see a real good drainage plan so it doesn't affect the adjoining lots depending on what happens after they are developed. It could be an issue. Commissioner Schmitt had said there are three hundred plus lots that are available to be built on in the community. It makes it sound like there's not too much of a rush to develop more lots. Commissioner Altenhof came up with a really good point that a real good Comprehensive Plan on the whole borough and city should really be thought over before we go in to start developing lots. His concern is that a lot of these lots appear to be in areas that are already developed; people are living there and have been there a long time. We are squeezing into those areas and pulling out timber, taking away the zones where people can recreate, taking away the buffers and upsetting people. Everyone here says why not go somewhere else to build this, there is land that the borough has that is not already congested. Why not seek out developing some of those lands as opposed to trying to cram into existing areas and subdivisions. He doesn't know of individuals that are wanting to buy. It will probably be a developer that buys this. It appears that what the community is asking for is low cost housing, not for individual R1 or R2 lots. He wants the borough to take a good look at not only the Island Lake area that is going to be developed but the whole borough. Each of the papers he's looking at conflicts; one will say five lots, he looks at it and it's four lots. Adjacent to the full length of the property he has on the north, now there's a 10' easement going in there. He didn't receive any of this in the mail. Take a good look at this, inform the public, and look at all properties before we jump into the middle of subdivisions that are already developed. Close public hearing: CHAIR ARNDT encouraged Swanson to come back to get a copy of the drainage plan when this case comes back to the commission. Commission discussion included this case being in the stage of preliminary approval, hearing the public comments, staff coming back with a four lot subdivision, the lots being lower than Island Lake Road, requiring fill, dealing with the drainage prospectively, buffers being around many homes so they don't have development and not wanting to sell, and the borough having a surplus sale so people have the option of purchasing land. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY H. CASE 16-007 (Postponed from the July 13, 2016 regular meeting). Request an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 10 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 (R2 -Two-family Residential District) The applicant is the Kodiak Island Borough. The location is Borough -wide and the zoning is Certain Residential Zoning Districts. CHAIR ARNDT stated for the record that this item was supposed to be under Old Business but since it was advertised as a public hearing item the commission will hold a public hearing. Original motion as amended at the May 18, 2016 regular meeting on the floor is: Move to recommend that the Assembly of the Kodiak Island Borough approve the ordinance, as amended by substitution, the ordinance attached to the May 13, 2016 memorandum from the Planning Director, 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 certain 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. Jack Maker stated at last week's work session there was discussion of size limits and language was changed in a substitute ordinance to reflect the commission wishes. It restricts the size limit of ADLI's to 33% of the living area of the principal dwelling or a specific square feet; 550 sq. feet in R-1, 650 sq. feet in R2, and 800 sq. feet in R1, R2, RR and Conservation. Language was also taken out regarding second story dwellings to prevent a two-family dwelling (duplex) from being constructed. Some housekeeping was also done to the ordinance. COMMISSIONER SCHMITT MOVED TO AMEND by substitution, the ordinance attached to the September 15, 2016 Supplemental Staff Report and Recommendation for Case No. 16-007 amending Chapters 17.25 KIBC (Definitions), and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include development standards for accessory dwelling units in the Borough. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open public hearing: Leo Kouremetis spoke in opposition stating that the process be fair and to consider both sides fairly without biases and conflicts of interests. He doesn't feel the issue has been addressed fairly. The commission should be protecting those who bought RR lots with expectations that the restrictions that dictated RR designation would not change and the same consideration given to other zones. A needs assessment was requested and we were told the borough wasn't going to do that. If the needs is not substantiated then how can the commission approve ADU's. If this ordinance is passed this sweeping illegal zone change kills all single-family neighborhoods thus ending R1 designations. The commission has never discussed the issue of elimination of single-family zones. There are many unanswered questions. Further notification to property owners is a nessisity. Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 11 Close public hearing: Discussion of ADU's creating a lower cost housing due to size, offers different options, it should be a conditional use with notification so neighbors can provide feedback, preserving zoning protections, sweeping zoning change, getting it to the assembly for their review, lessening the need for affordable housing, providing water and sewer costs are greatly reduced, smaller means cheaper, few people will meet the parking standards, restrictions address a lot of the concerns, and not pleasing everyone. FINDINGS OF FACT 1. There is a growing need for housing options in Kodiak. The use of accessory dwelling units may be one part of a regulatory solution to address this multi -faceted issue. 2. Current KIBC Title 17 (Zoning) does not include regulatory requirements for accessory dwelling units and does not list them as a permitted use in any zoning district. 3. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC provide the regulatory requirements for accessory dwelling units and list accessory dwelling units as a permitted use in certain residential zoning districts. 4. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically, affordable housing. 5. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-1. The ayes were COMMISSIONERS ARNDT, BALDWIN, PAINTER, and SCHMITT. The noe was COMMISSIONER ALTENHOF. CHAIR ARNDT called a five minutes recess at 8:35 p.m. CHAIR ARNDT reconvened the meeting at 8:40 p.m. OLD BUSINESS None NEW BUSINESS A) FY2017-2021 Capital Improvement Projects List Director Mason reported there is Resolution FY2017-10 in your packet and a short memo. There aren't many changes proposed from last year's CIP list given the State's financial situation. We've amended the MV Tustumena Replacement Vessel Project estimate based on what DOT provided in their most recent step amendment so it mirrors the State's dollars. We amended the estimates for the Anton Larsen Bay Road Extenstion Project, DOT updated those numbers in October 2015. Kathy Drabek informed us today that because of the unfortunate fire that displaced them from the processing facility they were using that they were scrambling to set up shop, and their plans for the Erskine property have changed a little. They are able to use some of their BIA Transportation Funds for some of the uses on that property, like building the dock, helping facilitate construction of the parking areas, anything that's transportation related. They can also use the money for things similar to other Federal programs like visitor's centers. They really need the $400,000 that they had anticipated putting toward the Anton Larsen project if it were Federalized. They need it to put towards getting Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 12 themselves through the next couple of years in light of the fire. The estimate for the project hasn't changed. The consideration now is that more of the match money will need to come from somewhere else. COMMISSIONER SCHMITT MOVED to approve Resolution FY2017-10. Brief discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A. August Planning and Zoning Commission Case Results Letters B. Code Enforcement Letters C. 16-010 Appeal Documents COMMISSIONER BALDWIN MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • September 29, 2016 Joint P&Z/Assenbly Work Session -6:30 p.m.-KIB Conference Room • October 12, 2016 Work Session -6:30 p.m. -Borough Conference Room • October 19, 2016 Regular Meeting -6:30 p.m. B. Minutes of Other Meetings • June 28, 2016 Parks and Recreation Committee Regular Meeting • July 26, 2016 Parks and Recreation Committee Regular Meeting C. Abbreviated & Final Approvals — Subdivisions • S17-001. ABBREVIATED PLAT PROCEDURE. Final approval of the replat creating North Pacific Tank Farm Tract, and Remainder of Lot 1, Block 20, Kodiak Townsite, USS 25378, and a Portion of USS 1086. Commission consensus to move the November meeting date to hold the regular meeting on November 30, 2016. COMMISSIONER BALDWIN will not be in town for the November gth work session. COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. None STAFF COMMENTS COMMISSIONER COMMENTS Barry Altenhof reiterated that at the September 29th joint work session with the assembly it's important to address the issue of a larger picture, and it would be important for the community to see, a more clearly defined path for development for Kodiak, not just in the city but also the surrounding area for issues we have been Kodiak Island Borough Planning & Zoning Commission Minutes September 21, 2016 Page 13