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2017-02-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION APR 3 2017 MINUTES February 15, 2017 Regular Meeting Followed CALL TO ORDER Call to order the February 15, 2017 regular meeting of the Planning & Zoning Commission at 7:15 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Greg Spalinger. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Chris Hatch, and Colin Young. Excused was Greg Spalinger. A quorum was established. Community Development Department staff present was Director Mason, Sheila Smith, Daniel Mckenna-Foster, and Jack Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the January 18, 2017 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 17-011 (Postponed from the October 19, 2016 regular meeting). Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 1 Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. The applicant is the Kodiak Island Borough. The location is 3235 Rezanof Drive East & NHN Woody Way Loop. Motion on the floor made at the October 19, 2016 regular meeting: COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as "Findings of Fact' for Case No. 17-011. The motion was seconded by COMMISSIONER BALDWIN. Director Mason stated this was postponed to allow for additional public participation and to allow additional dialog occur for the Borough Assembly and the Borough Lands Committee. We did receive additional public comment, which is in the packet. Since October, the Lands Committee had discussion in December when they decided it's best at a later date to determine whether or not perhaps portions of the parcel should be disposed of amongst other reasons. They were not comfortable with the borough moving forward with this and they recommended going back to a planning process. Duane Dvorak, Resource Management Officer, wrote a memo to the Assembly, as the Lands Committee staff, letting the Borough know of the Assembly's recommendation to go back to the Master Planning effort. The Parks and Recreation Committee has submitted a similar letter of support for a planning process. In December, because of what the Lands Committee discussed Dvorak submitted a request to postpone this item further. In January, Dvorak came back and withdrew his request to postpone because we did not want this item to show up on the agenda at all in a public advertisement until it was clear what direction the Assembly would like to go. We could not avoid that so it is on tonight's agenda. The Assembly, at last week's work session, the Assembly had this as a discussion item. What Mason gathered from that discussion was that before the Assembly makes a decision they would like to see a scope and not an extremely detailed schedule but kind of a wag of a schedule with approximate timelines on a shorter planning process and a development process to see what those look like side by side so they are very clear on what it is they are approving. They also discussed sending it back to the Lands Committee. Our recommendation has not changed to retain this parcel. Open public hearing: Duane Dvorak, KIB Resource Management Officer and agent, stated he is not sure that postponing and giving it more time is best. We have given plausible rebuttal. This property was bought and developed for projects at the time at great expense to the borough. There is an opportunity to dispose of it or some of it and maybe get some tax revenue and new housing. Even the city would benefit because it is inside city limits. The ballfield occupies approximately five acres with the field, parking, and access. In his mind, they could co-exist. He went to the Lands Committee to try to get some additional input or a recommendation. The committee recommended planning. He thinks there are other ways to do this. The Assembly has received the Lands Committee's recommendation. Dvorak recommended that the commission decide this tonight and let it go where it needs to go. Close public hearing: Commission discussion about the planning process should be reinstated, postponement or not, feeling cornered to vote on something that the public has not had an opportunity to give extensive input and discussion on which way this should go, the waste water infrastructure issues, population density, traffic issues, relocation of ballfields, and how dense do we want that development to be, the need for the Assembly to set up a schedule of community input and public participation. Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 2 COMMISSIONER SCHMITT MOVED to postpone to our April 19, 2017 agenda. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, ALTENHOF, SCHMITT, HATCH, and YOUNG. The nay was COMMISSIONER PAINTER. B. CASE S17-002 (Postponed from the January 18, 2017 regular meeting). Request Preliminary approval of the subdivision of Lot 1A-4, U.S. Survey 3465 creating Lots 1A - 4A. 1 A-413, 1 A -4C, and 1 A -4D, U.S. Survey 3465. This subdivision amends a plat covenant that designates Lot 1A-4 (t 3 acres) for parks and recreational purposes by designating only Lot 1A -4A (a t 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 -4B, 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 stated this has been postponed several times. This request follows a recently approved disposal of + portion of the parcel and a Comprehensive Plan Amendment and rezone. The initial request was for a subdivision of the parcel into five lots. The commission expressed concerns regarding drainage issues and the request was postponed to allow the applicant time to address the concerns. The applicant has since submitted an engineered drainage plan and revised plan that subdivides the parcel into four lots. The revised plat meets the requirements and the lots have been reconfigured so drainage paths are situated on Lots 1A -4A, which will be retained by the borough. Drainage easements will be established along the drainage paths. Staff recommends preliminary approval be granted. COMMISSIONER SCHMITT MOVED to amend the motion by striking everything after 1A -4D and inserting "U.S. Survey 3465 (KIBC 16.40) subject to five (5) conditions of approval, and to adopt the findings in the supplemental staff report dated February 9, 2017 and entered into the record for this case as "Findings of Fact' for case S17-002." Open public hearing: Duane Dvorak, Resource Management Officer spoke in support of the request. Close public hearing: Brief commission discussion. CONDITIONS OF APPROVAL 1. Surveyor note No.6 shall be revised to read as follows on Final Plat: "Lot 1A-413 created this survey shall have a building setback requirement of 15 feet from the northerly lot line of said lot as shown on this plat." 2. Surveyor note No. 7 shall be revised as follows on Final Plat: "Lot 1A -4D created this survey shall restrict driveway access to the area between the northeast corner of said lot and monument M-7 on front lot line of said lot as shown on this plat." 3. The 20 foot wide portion of the drainage easement that is centered on the rear lot lines of Lots 1A-413, 1A -4C, and 1A -4D shall be completely relocated onto adjacent Lot 1A -4A on the Final Plat. Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 3 4. Prior to Final Plat approval, the drainage path that passes through the rear of Lots 1A -4B, 1A -4C, and 1A -4D shall be rerouted into the drainage easement on adjacent Lot 1A -4A. 5. The Final Plat shall depict a 10 foot wide electrical easement along the inside of the rear lot lines of Lots 1A -4B, 1A -4C, and 1A -4D. FINDINGS OF FACT 1. This plat meets the data and lot design requirements of Chapter 16.40 (Preliminary Plat) of the Borough Code. 2. The adopted conditions of approval will ensure the improvement requirements of Chapter 16.40 (Preliminary Plat) of the Borough Code are satisfied prior to Final Plat approval. 3. The adopted conditions of approval will ensure that the Final Plat meets the standards of Title 17 (Zoning) of the Borough Code. 4. The adopted conditions of approval will satisfy review agency requests. 5. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY C. CASE 17-014 (Postponed from the January 18, 2017 regular meeting). 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 D. 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. Motion on the floor made at the Januaryl8, 2017 regular meeting: 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 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 stated allowing development of single-family dwellings on smaller lots in the Borough might be one part of a regulatory solution to address the borough's growing need of housing options. Title 17 KIBC requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings. Staff research has shown that smaller lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots should reduce the associated land costs and encourage the construction of smaller housing types in that new district. Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 4 Open public hearing: Kevin Arndt spoke in support of this request. Close public hearing: Commission discussion COMMISSIONER PAINTER MOVED to postpone Case No. 17-014 to the May 17, 2017 Planning and Zoning Commission regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY D. CASE 17-015. Request a variance to reduce the required off-street parking from 25 to 9 spaces for a church with 100 seats on Lot 3, Block 8, New Kodiak Subdivision (KIBC 17.195 and 17.175.040.A). This request is a required precursor to the following request for a conditional use permit to increase the seating capacity of the existing church. The applicant is MK Enterprises, LLC. The location 216 Shelikof Street and the zoning is B - Business. COMMISSIONER SCHMITT MOVED to approve a variance to reduce the required off-street parking from 25 to 9 spaces for a church with 100 seats on Lot 3, Block 8, New Kodiak Subdivision (KIBC 17.195 and 17.175.040.A). Daniel Mckenna-Foster stated this property is zoned Business which churches is a permitted use. For church use in non-exempt areas of the borough KIB code requires one off-street parking space for every one out of four worshippers sitting in that church. In 2014, the property owner of 216 Shelikof Street obtained a Conditional Use Permit, Case 14-003, to establish a church at that address. At that time to present, the property had nine available off-street parking spaces. As part of the granted Conditional Use Permit, the commission required the property owner to allow the maximum capacity worshipper seats dependent on the off-street parking requirement ratio. With nine parking spaces on the property and four seats allowed per parking space the church was allowed thirty-six seats total. To ensure compliance, the commission required these thirty-six seats be fixed to the floor of the assembly area. For the current variance request, the property owner seeks a variance to reduce the parking requirement from twenty-five spaces to nine spaces; this request was submitted in tandem with a conditional use permit for a church at this address with 100 seats. As KIB off-street parking requirements for churches have not changed, with 100 seats, the church is required to provide one parking space per four seats, or 25 parking spaces total. Neither the size of the building nor the size of the parking area has changed since 2014. To accommodate Borough code for 100 seats in the assembly area, this property would need 16 additional parking spaces. At any given time, downtown Kodiak has many empty parking spaces, but these spaces cannot be used directly to fulfil borough parking requirements. According to section 17.175.050, Kodiak Island Borough code only allows for off-street parking on contiguous lots "in common ownership as, the principal building or use that they serve". However, the Planning and Zoning Commission may permit spaces "to be located on any lot within 600 feet of the principal building or use. The lot must be in common ownership or a long-term easement, license, or permit for use of the alternative parking shall be secured." Thus, any use of nearby empty lots would require a long-term agreement, proof of which would have to be submitted for a variance consideration and then conditional use permit. Open public hearing: Kevin Arndt applicant, spoke in favor of the request. Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 5 Close public hearing: Commission discussion -Amendments may be offered at this time ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings of fact listed in the staff report dated February 1, 2017 for Case No. 17-015 as "Findings of Fact' supporting the denial of this request. FINDINGS OF FACT 1. No exceptional physical circumstances or conditions are unique to the property subject to this request. 2. Strict application of the zoning ordinance would not result in practical difficulties or unnecessary hardships. 3. Granting a variance could adversely affect surrounding properties, depending on travel mode choice. 4. The variance is not in conflict with any policies or objectives listed in the adopted comprehensive plan. 5. The applicant is seeking relief from a self-imposed condition. 6. Granting the requested variance would not result in a prohibited land use. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E. CASE 17-016. Request a conditional use permit to expand an existing church on Lot 3, Block 8, New Kodiak Subdivision by increasing the maximum seating capacity from 36 to 100 (KIBC 17.200). The applicant is MK Enterprises, LLC. The location is 216 Shelikof Street and the zoning is B -Business. COMMISSIONER PAINTER MOVED to approve a conditional use permit to expand an existing church on Lot 3, Block 8, New Kodiak Subdivision by increasing the maximum seating capacity from 36 to 100 (KIBC 17.200). Mckenna-Foster stated this is a conditional use permit request to expand an existing church on Lot 3, Block 8, New Kodiak Subdivision by increasing the maximum seating capacity from 36 to 100 (KIBC 17.200). This request is related to case 17-015, a request for a variance in parking requirements. This increase in seats would trigger additional parking requirements stipulated Table 1 of KIB 17.175.040. In tandem with this conditional use permit application, the applicant also submitted a variance to reduce the number of required parking spaces from 25 spaces (one for every four 100 seats) to nine spaces (which currently exist on the property). If the variance is granted, then in principle the conditional use as a church may be approved. If the variance is not granted, then this conditional use permit should be denied according to existing code. However, possibilities for remedying this situation to suit the applicant include: the applicant demonstrates in some satisfactory way that, assuming it sees 100 occupied seats per church activity, 16 additional motor vehicles will not be used by worshippers to attend the activity; the property be included in the downtown zone that is exempt from parking requirements; or the commission may grant shared parking `located on any lot within 600 feet of the principal building or use. The lot must be in common ownership or a long-term easement, license, or permit for use of the alternative parking shall be secured." Thus, any use of nearby empty lots would require a long term agreement, proof of which would have to be submitted for a variance consideration and then conditional use permit." Open public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 6 Kevin Arndt, applicant spoke in support of his request. Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings of fact listed in the staff report dated February 1, 2017 for Case No. 17-016 as "Findings of Fact" supporting the denial of this request. FINDINGS OF FACT 1. The conditional use requested would not make any changes to the value, spirit, character, and integrity of the surrounding area. 2. Without a parking variance, this conditional use does not fulfill all other requirements of this chapter pertaining to the conditional use in question. 3. The conditional use could potentially be harmful to the public safety or convenience. 4. The conditional use does not provide sufficient parking as required by Borough code. 5. The conditional use would not be a private structure. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. January Planning and Zoning Commission Case Results Letters B. Code Enforcement Actions COMMISSIONER PAINTER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • March 8, 2017 Work Session -6:30 p.m. -Borough Conference Room • March 15, 2017 Regular Meeting -6:30 p.m. B. Abbreviated & Final Approvals — Subdivisions COMMISSIONER PAINTER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 7 None STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 8:16 p.m. ATTEST By: Sheila Smith, ecretary Community Development Department APPROVED: March 22, 2017 Kodiak Island Borough February 15, 2017 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By:n Scott Arndt, Chair Planning & Zoning Commission Minutes Page 8