Loading...
2017-03-22 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES March 22, 2017 Regular Meeting 6:30 APR 2 5 2017 Chambers CHAIR ARNDT called to order the March 22, 2017 regular meeting of the Planning & Zoning Commission at 6:35 p.m. PLEDGE OF ALLEGIANCE The chairl led the pledge of allegiance ROLL CALL Requested excusal were Alan Schmitt and Greg Spalinger due to being out of town for personal business, and Chris Hatch. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, and Colin Young. Excused was Alan Schmitt, Greg Spalinger, and Chris Hatch. A quorum was established. Community Development Department staff present was Director Mason, Daniel Mckenna-Foster, and Sheila Smith COMMISSIONER PAINTER MOVED to excuse Alan Schmitt, Greg Spalinger, and Chris Hatch. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER MOVED to approve the February 15, 2017 special meeting minutes and the February 15, 2017 regular meeting minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For 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 limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. A) CASE 17-017. Request a rezone of U.S. Survey 672 from R1 -Single -Family Residential District to [-Industrial District (Chapter 17.205 KIBC). The applicant is Icicle Seafoods, Inc. The location is NHN Larsen Bay (Icicle Seafoods fish processing facility) and the zoning is R1 -Single-family Residential. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of U.S. Survey 672 from R1 -Single -Family Residential District to I -Industrial District (Chapter 17.205 KIBC) and to adopt the "findings of fact" listed in the staff report dated March 1, 2017 as "Findings of Fact" for Case No. 17-017. Kodiak Island Borough Planning & Zoning Commission Minutes March 22, 2017 Page 1 Daniel Mckenna-Foster reported a seafood processing facility has existed at this location for over 100 years, and is integral to the existence of Larsen Bay. The parcel is in a residential zone and is the after-effect of a blanket rezone done in the 1970s. This parcel has been used for industrial purposes since before the residential zone was established in the late 1970s. The proposed rezone is consistent with the goals, policies, and implementation actions of the adopted Comprehensive Plan. As this seafood processing facility has existed for several decades, its compatibility in the area has been established. The 2008 Comprehensive Plan designates the area around this parcel for Mixed CommercialANaterfront/Residential land use, which is compatible with Industrial/Light Industrial. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. A cannery has operated continuously on this parcel since the early 1900s. Its existence pre- dates statehood, Kodiak Island Borough incorporation, and the institution of zoning regulations. 2. The parcel is located adjacent to parcels with a Future Land Use Designation of Mixed CommercialMaterfront Residential. 3. The lot has accommodated the existing use for over/00 years and, as such, as proven land suitability for the proposed I -Industrial District designation. 4. The rezone is consistent with the Comprehensive Plan Future Land Use Designation of Industrial/Light Industrial. 5. The rezone is consistent with land use and economic goals, policies, and implementation actions identified in the Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 17-019. Request a variance to allow construction of an attached garage that encroaches 9' into the required 25' front yard setback on Lot 6A, Block 8, Leite Addition Subdivision (KIBC 17.195 and KIBC 17.80.040). The applicants are Helm Johnson & Alisha Drabek. The location is 1522 E. Kouskov Street and the zoning is R2 (Two-family Residential). COMMISSIONER PAINTER MOVED to approve a variance to allow construction of an attached garage that will encroach 9' at greatest point and 0' at the smallest point into a triangular portion of the required 25' front yard setback on Lot 6A, Block 8, Leite Addition Subdivision (KIBC 17.195 and KIBC 17.80.040) and to adopt the findings of fact listed in the staff report dated March 2, 2017 as "Findings of Fact" for Case No. 17-019. Daniel Mckenna-Foster reported this request meets the required variance criteria of the borough code. Staff recommends approval of this request. Open public hearing: Helm Johnson, applicant, spoke in support of his request. Close public hearing: Brief commission discussion FINDINGS OF FACT 1. There are physical circumstances or conditions that are unique to this parcel. 2. Strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. Kodiak Island Borough Planning & Zoning Commission Minutes March 22, 2017 Page 2 3. Granting a variance would not adversely affect surrounding properties. 4. The rezone is consistent with land use and economic goals, policies, and implementation actions identified in the Comprehensive Plan. 5. The applicant is not 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 C. CASE 17-020. Request a Title 18 Land Disposal review to consider disposal of Tract A, Port Lions School Reserve (KIBC 18.20.030). The applicant is requesting to exchange Port Lions School Reserve, First Addition for this Borough owned parcel. The applicant is the City of Port Lions. The location is 2008 Airport Road, Port Lions and the zoning is PL - Public Use Lands. COMMISSIONER ALTENHOF MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-14 recommending disposal of Tract A, Port Lions School Reserve (KIBC 18.20.030), and to adopt the findings of fact listed in the staff report dated March 2, 2017 as "Findings of Fact" for Case No. 17-020. Daniel Mckenna-Foster reported this request is to consider disposal of Tract A, Port Lions School Reserve in exchange for Port Lions School Reserve First Addition parcel. The Port Lions School Reserve is bisected by Airport Road, which runs north-east from Port Lions to the airport. In 1988, the Port Lions School was constructed on the lower half of this bisected parcel across an existing lot line with a parcel to the south owned by the City of Port Lions. In February 2016, a building encroachment easement area was recorded (Book 2016-000234) to normalize this violation. The City of Port Lions seeks to trade ownership of the parcel over which the school extends for the northern half of the bisected parcel on the other side of Airport Road. This would ensure that, although the school would still be extending over a lot line, both lots would be owned by the Kodiak Island Borough. This lot line could be vacated at a later date if necessary. Open public hearing: Duane Dvorak, Resource Management Officer, spoke in support of this request CHAIR ARNDT called a five minute recess at 7 p.m. to allow Dvorak to go get the Title Report for the commissioners. CHAIR ARNDT reconvened the public hearing at 7:12 p.m. Close public hearing: Commission discussion FINDINGS OF FACT 1. This subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Disposal and exchange of this parcel will be in the best interest of the Borough, the Kodiak Island Borough School District, and the City of Port Lions. 3. When beneficial to the Borough, the Borough may dispose of land to a political subdivision of the state of Alaska by direct negotiation. 4. This parcel will be used for a public purpose beneficial to the borough. 5. This disposal and subsequent exchange would be a step to remedy an encroachment caused by the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D. CASE 17-018. Request an ordinance amending Title 17 (Zoning) adding regulations pertaining to marijuana businesses. This ordinance was drafted by the Community Development Department under direction of the Borough Assembly and includes recommendations made to the Borough Assembly by the Borough's Marijuana Task Force. Kodiak Island Borough Planning & Zoning Commission Minutes March 22, 2017 Page 3 The applicant is the Kodiak Island Borough. The location is borough -wide and the zoning varies. Motion on Floor from February 15, 2017 Special Meeting COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2017-27 amending Title 17 KIBC (Zoning) and to adopt the findings of fact listed in the staff report dated February 1, 2017 and entered into the record for this case as "Findings of Fact' for Case No. 17-018. COMMISSIONER PAINTER seconded the motion. Director Mason reported there was discussion at the work session on changes the commission would like to see made to the ordinance. In your packet, you have a modified version of the ordinance and you have a memo of what was changed. For the Conservation District we put a five acre minimum on lot size. For RR2 we put two acre minimum lot size. We removed marijuana testing facilities as conditional uses in RR1 and RR2. It was removed from the residential zoning districts and placed in with Industrial and Business zones. We extended the school zone buffer from 100 feet to 1000 feet. Staffs recommendation has not changed in terms of the Comprehensive Plan. Our updated recommendation is just to amend by substitution with the second draft ordinance before you that has your changes. COMMISSIONER YOUNG MOVED to amend Ordinance No. FY 2017-27 by substitution with Ordinance FY2017-27 Version 2. Discussion regarding voting on the amendment and procedures before the public hearing is held. Open public hearing: None Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED FAILED 2-2. The ayes were COMMISSIONERS ALTENHOF, AND YOUNG. The noes were COMMISSIONER PAINTER and ARNDT (ARNDT changed his vote to noe). OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. February 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: • April 12, 2017 Work Session -6:30 p.m. -Borough Conference Room • April 19, 2017 -Regular Meeting -6:30 p.m. -Assembly Chambers COMMISSIONER PAINTER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes March 22, 2017 Page 4 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. STAFF COMMENTS Director Mason stated before you are the survey results for the Chicken Ordinance Survey that was distributed at the March 4'h public meeting. So far, we have about 48 respondents to the survey. ADU's have been added again as a work session item on the March 30th assembly agenda and will also be included in the meeting of the packet review. They are taking their draft of the ordinance to their April 6`h regular meeting for introduction. Mason stated she will provide the commission with a draft of their ordinance before their meeting. COMMISSIONER COMMENTS Maria Painter stated if marijuana were allowed and it wasn't a Federal crime she would have no problem with the Marijuana Ordinance. She looks at it as similar to alcohol. Her biggest problem is that it's a Federal crime and we are just saying we disagree as a state and so we are going to go ahead and do this but the repercussions are extreme for people that disobey and if a neighbor calls the Department of Justice and nares on people they can do an investigation, then they will go to prison. It's scary and that's why she doesn't want her name on it. Colin Young thanked staff for all their hard work. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:44 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COM ISSION By: Sc Scott Arndt, Chair ATTEST: By: Sheila Smith, ecretary Community Development Department APPROVED: April 19, 2017 Kodiak Island Borough Planning & Zoning Commission Minutes March 22, 2017 Page 5