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2017-01-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEE ING MAR MINUTES January 18, 2017 Regular Meeting 6:30 pm -Borough CALL TO ORDER COMMISSIONER SCHMITT called to order the January 18, 2017 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE COMMISSIONER SCHMITT led the pledge of allegiance. ROLL CALL Requested excusal is Scott Arndt due to being out of state. Commissioners present were Barry Altenhof, Maria Painter, Alan Schmitt, Greg Spalinger, Chris Hatch, and Colin Young. Excused was Scott Arndt. A quorum was established. COMMISSIONER PAINTER MOVED to excuse Scott Arndt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason, Sheila Smith, Daniel Mckenna-Foster, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the November 30, 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. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Planning & Zoning Commission Minutes January 18, 2017 Page 1 A) CASE S17-002. (Postponed from the November 30, 2016 regular meeting). Request preliminary approval of the subdivision of Lot 1A-4, U.S. Survey 3465 creating Lots 1A- 4A. 1A-4B, 1A-4C, and 1A-413, U.S. Survey 3465. This subdivision amends a plat covenant that designates Lot 1A-4 (± 3 acres) for parks and recreational purposes by designating only Lot 1A-4A (a ± 2.3 acre portion of Lot 1A-4) for those purposes. 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. Motion on the floor from the November 30, 2016 regular meeting. COMMISSIONER BALDWIN MOVED to grant preliminary approval of the subdivision Lot 1A-4, U.S. Survey 3465 creating Lots 1A-4A. 1A-46, 1A-4C, 1A-4D, and 1A-4E, U.S. Survey 3465 (KIBC 16.40) subject to three (3) conditions of approval, and to adopt the findings in the supplemental staff report dated November 2, 2016 and entered into the record for this case as "Findings of Fact" for case S17-002. Jack Maker reported the postponement was to allow the applicant to address drainage issues on the proposed subdivision. The applicant has submitted a revised preliminary plat for this request and it was a significant change from the initial preliminary plat. New public notices need to be sent out. We did not receive that revised plat in time to mail the notices that allow adequate time for comment so staff is recommending postponement until the next regular meeting. Open public hearing: Duane Dvorak, agent, gave handouts to the commission and spoke in support of the revised preliminary plat. Close public hearing: Commission discussion COMMISSIONER PAINTER MOVED to postpone Case No. S17-002 to the February 15, 2017 Planning and Zoning Commission regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 17-008. Request a variance to allow construction of a 5' 2" x 40' building addition on top of an existing concrete built area that encroaches 16' 2" into the required 1-Industrial zoning 30' front yard setback on Lot 9, Block 2, Kodiak Townsite Subdivision (KIBC 17.105.040.A.1 and 17.195). The applicant is Kimura Moonja, LLC and the agent is Matt Corriere. The location is 516 Marine Way East and the zoning is I-Industrial. COMMISSIONER PAINTER MOVED to grant a variance to allow construction of a 5' 2" x 40' building addition on top of an existing concrete built area that encroaches 16' 2" into the required I-Industrial zoning 30' front yard setback on Lot 9, Block 2, Kodiak Townsite Subdivision (KIBC 17.105.040.A.1 and 17.195) and to adopt the findings of fact listed in the staff report dated January 4, 2017 and entered into the record for this case as "Findings of Fact" for Case No 17-008. Daniel Mckenna-Foster reported this building has existed for decades. The applicant has requested to build on top of the existing concrete steps to create additional storage space. The road encroaches onto the applicant's property. The Public Works Director stated the steps have Kodiak Island Borough Planning & Zoning Commission Minutes January 18, 2017 Page 2 been there for a long time, and that there is no clear history on how the road ended up there or why it goes over the property line. It seems to be a reasonable request for a variance. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. There are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district. 2. Strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. The area in question has already been built out. 3. The granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. 4. Actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. The applicant has not acted precipitously, or lack of fore thought, and is not seeking relief from a self-imposed condition. 5. Granting the requested variance would not result in a prohibited or changed land use. ROLL CALL VOTE ON MOTION C. CASE 17-013. Request a Title 18 Land Disposal review to consider disposal of a ± 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). The applicant is B&R Fish Byproducts Inc. The location is approximately Y: mile south of Salonie Creek shooting range and the zoning is C -Conservation. COMMISSIONER PAINTER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-13, recommending disposal of a ± 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (Chapters 18.20, 18.40, and 18.60 KIBC) and to adopt the findings of fact listed in the supplemental staff report dated January 4, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-013. Jack Maker stated this is the second request for the same property. The first request was before the commission at last month's meeting and was forwarded to the assembly. Director Mason stated there has been interest from local contractors since the Gravel Task Force identified gravel sources in the borough. The borough had not pursued development of it; Golden Alaska just came in to request to develop as a gravel extraction site and submitted an application. Because of the public notification requirements, other contractors became aware of the Golden Alaska Excavating request and then Mr. DeHart came in to submit the same application to show there are other companies that have the same interest that Golden Alaska does. If the assembly denies both requests for direct negotiations then that gives the borough the opportunity to come back and have Duane Dvorak, Resource Management Officer, be the third applicant as a borough representative of the land owner to come back to say we as the land owner believe that it's surplus to the public's need but what the Resource Management Officer might want to see is a competitive bid process. You would have the same request come before the commission to decide if it is surplus to the public's need, if the commission does decide its surplus to the public's need then you would send a resolution to the assembly. Then Kodiak Island Borough Planning & Zoning Commission Minutes January 18, 2017 Page 3 the assembly would make the determination that it is very clear this parcel is surplus and probably agree with the Resource Management Officer's application that the best disposal method is through this competitive process. Once the assembly approves a resolution that says it is surplus to the public's and borough's need and they agree with disposing of the parcel through a competitive bid process, then the Resource Management Officer would work on getting that advertised to the construction community so that everyone is on a level playing field and anyone who wanted to bid wouldn't have to put in this kind of application and go through the land disposal process. They would work directly with the Manager's Office. Open public hearing: Duane Dvorak, Resource Management Officer spoke about the land disposal processes Rick Ryser, Golden Alaska Excavating, caller, spoke in support for Golden Alaska Excavating Close public hearing: Brief discussion. FINDINGS OF FACT 1. The proposed site is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Engineering studies indicate that the disposal site contains substantial quantities of gravel, which is an essential resource for the Borough. 3. This disposal will further ensure an adequate on -island supply of gravel is available for future development within the Borough. 4. This disposal is consistent with gravel resource guidance and various goals, policies and implementation actions listed in the adopted Comprehensive Plan. 5. The site is well suited for disposal by lease at fair market value for the purposes of resource extraction and stockpiling. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D. CASE 17-014. Request an ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District) to create a new zoning district that would allow development of single-family residential dwellings on smaller lots in the Borough. The specific intentions of this new zoning district are: A. To reduce land costs associated with single-family residential development; B. To encourage the construction of smaller housing types; C. To prohibit commercial, industrial, and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; and To require a minimum land area to establish the RSL district to reduce the impacts of potential subdivision of existing lots within neighborhoods. The applicant is the Kodiak Island Borough. The location is borough -wide. This is a new zoning district that may be established in a 1.5 acre or larger area where water and sanitary sewer service from a certificated public utility or municipal system are provided. COMMISSIONER PAINTER MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District) to create a new zoning district that will allow development of single-family dwellings on smaller lots in the borough, and to adopt the Kodiak Island Borough Planning & Zoning Commission Minutes January 18, 2017 Page 4 findings of fact listed in the staff report dated January 4, 2017 and entered into the record for this case as "Findings of Fact' for Case No. 17-014. Maker reported there is a growing awareness of the need for additional housing options and allowing development of single-family dwellings on smaller lots might be one portion of meeting that need for additional housing options. Discussions began at the October 7, 2015 work session and have been discussed at nine other work sessions. The ordinance provided is the result of those discussions. Open public hearing: None Close public hearing: Commission discussion. COMMISSIONER SPALINGER MOVED to postpone Case 17-014 to the February 15, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS A. Elections —Chair and Vice -Chair COMMISSIONER SCHMITT opened nominations for Chair. COMMISSIONER PAINTER nominated Scott Arndt for Chair. COMMISSIONER ALTENHOF MOVED to close nominations. ROLL CALL VOTE ON MOTION TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION FOR SCOTT ARNDT AS CHAIR CARRIED UNANIMOUSLY COMMISSIONER SCHMITT opened nominations for Vice -Chair: COMMISSIONER ALTENHOF nominated Alan Schmitt for Vice -Chair. COMMISSIONER SPALINGER nominated Maria Painter for Vice Chair. COMMISSIONER PAINTER MOVED to close nominations. ROLL CALL VOTE ON MOTION TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION FOR VICE -CHAIR -MARIA PAINTER 4 — ALAN SCHMITT 2 COMMUNICATIONS A. November Planning and Zoning Commission Case Results Letters Kodiak Island Borough Planning & Zoning Commission Minutes January 18, 2017 Page 5 B. Code Enforcement Actions COMMISSIONER SPALINGER MOVED to acknowledge receipt of Communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • February 8, 2017 Work Session -6:30 p.m. -Borough Conference Room • February 15, 2017 Regular Meeting -6:30 p.m. -Assembly Chambers COMMISSIONER SCHMITT stated he would be not be at the February work session B. Minutes of Other Meetings • August 23, 2016 regular meeting C. Abbreviated & Final Approvals — Subdivisions • S15-019 • S15-008 • S17-003 COMMISSIONER SPALINGER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None STAFF COMMENTS Director Mason stated the assembly discussed at length ADLI's at last week's work session. They would like to have a joint work session to talk about how the ordinance got to where it is and she thinks they would like to take the opportunity to talk about Small Lot Subdivisions as well. The joint work session may take place towards the end of February. In addition, we will talk about chickens in February. Marijuana will probably be coming your way for review in April; it will be the changes to Title 17 to regulate marijuana businesses in the borough. She got word today that we will be putting a telecommunications infrastructure ordinance ahead of PUD's in the line of important ordinances for the borough. Daniel Mckenna-Foster has been gathering research over the past few weeks and that will be a work session item in February. Our Code Enforcement Officer will be gone for two weeks starting on Friday. We had the Otmeloi Way Project Public Meeting last week and it went well. Let her know if you need more information on the project. Director Mason did not want to mis-speak when COMMISSIONER ALTENHOF was talking about the variance case about how the City of Kodiak can move forward or the property owner can move forward with the road being on their property. She found the citation in State Statutes that deal with long standing unofficial easements, it says the uninterrupted adverse notorious use of real property by a public utility for utility purposes for a period of ten years or more vests in that utility easement in that property for that purpose. At this point, if the property owner ever took the city to court the city has the valid adverse possession claim against the property owner that would probably be ruled in favor of the city since it has been in notorious Kodiak Island Borough Planning & Zoning Commission Minutes January 18, 2017 Page 6 use for public access. Director Mason welcomed COMMISSIONERS HATCH AND YOUNG and invited them to come for a crash course on how what we do here relates to what the assembly does or how Community Development Department functions day to day. Jack Maker thanked everyone for the conversation on the land disposal. This case created a lot of staff discussion. COMMISSIONER COMMENTS Maria Painter welcomed Colin Young and Chris Hatch to the commission. She also thanked the commission for voting her in, it's her first time as any chair position. She's very excited about it. Colin Young thanked Community Development Department staff for the work that it does. Giving all the background information is amazing. Alan Schmitt said at the December meeting, the Lands Committee voted to recommend that the assembly reinstate the planning process for Killarney Hills parcel. Mr. Dvorak sent a memo to the mayor, assembly, and the manager in late December and he asked that it be put on their January 12 work session agenda, do you know if that got any action. Director Mason said she does not think it did. She thinks the Manager's Office made the decision to postpone that because Duane Dvorak was out of the office doe to unforeseen circumstances and she thinks it has been moved to the next work session. Alan Schmitt said the rationale was that it makes sense to do the planning process before they start looking at doing some type of disposal. The case is supposed to come back to us next month and Dvorak was going to recommend that it be postponed for another 90 days to give the assembly time to ramp up and do what they need to do to get the planning process started again. Schmitt said he would be out of town for the February work session but in town for the regular meeting. He also welcomed Mr. Young and Mr. Hatch to the commission. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn the meeting. COMMISSIONER SCHMITT adjourned the meeting at 8:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND Z NIN COM SION By:ZZr Scott Arndt, Chair ATTEST: By: cam[ On Sheila Smi , Secretary Community Development Department APPROVED: February 15, 2017 Kodiak Island Borough Planning & Zoning Commission Minutes January 18, 2017 Page 7