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2017-04-19 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes April 19, 2017 Regular Meeting 6:30 pm -Borough MAY 18 2017 „ CALL TO ORDER CHAIR ARNDT called to order the April 19, 2017 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL The Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Commission. Requested excusal were Colin Young, Maria Painter, and Barry Altenhof due to being out of town. Commissioners present were Scott Arndt, Alan Schmitt, Greg Spalinger, and Chris Hatch. Excused wer Barry Altenhof, Maria Painter, and Colin Young. COMMISSIONER SPALINGER MOVED to excuse Colin Young, Maria Painter, and Barry Altenhof. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason, Daniel Mckenna- Foster, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the March 22, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. 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 17-021. Request a Title 18 Land Disposal Review to consider disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned CN -Conservation, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC). COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-15 recommending disposal of a ± 21 acre portion of T24S R24W TL 3301 Onion Bay, zoned C -Conservation District, which is a 540 acre parcel on Raspberry Island (Chapter 18.20 KIBC) and to adopt findings of fact listed in the staff report dated March 30, 2017, entered into the record for this case as "Findings of Fact" for Case No. 17-021. Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 1 Staff Report — questions of staff may be asked after staff report is given. Keep it to questions and save discussion for after the public hearing. Open public hearing: Dave Townsend, applicant, spoke in support of the request. Rob Baer, applicant, spoke in support of the request. Alan Stover expressed concern about the size of the lot for disposal and wanted to know what kind of development was going to be done. Duane Dvorak, Resource Management Officer, stated the borough owns 540 acres there. Someday the borough may want to sell some of it and good access is critical. We want to make sure that when we dispose of land that we don't cut off the ability to dispose of lands in the future. With a 50' right-of-way for access, a trail or road could be developed. Gwynne Shay, Onion Bay property owner, talked about the environmental concerns; colonies of swallows nesting there, and the cutting of trees and northwest winds in the winter ceating havoc. Close public hearing: Commission discussion COMMISSIONER SCHMITT MOVED TO AMEND the motion to add Findings of Fact #4 to read: The applicants agree that a 50' wide easement for pederstrian use may be reserved by the borough along the southwest lot line or that the borough may retain a 50' wide flag stem there for public access. These issues should be resolved at the platting stage. 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. The Borough has sold portions of this parcel to individual land owners previously for the sake of bringing non -conforming lots into compliance. 3. The 2008 Comprehensive Plan has a land use goal to ensure that land use and development decisions consider subsistence resources and activities and a policy to support the use of, and access to subsistence resources by subsistence users. 4. The applicants agree that a 50' wide easement for pedestrian use may be reserved by the borough along the southwest lot line or that the borough may retain a 50' wide flag stem there for public access. These issues should be resolved at the platting stage. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Brief discussion ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY B. CASE 17-022. Request a Title 18 Land Disposal Review to consider disposal of Lot 3A, Block 5, Miller Point Subdivision (Chapter 18.20 KIBC). The intent of this request is to harmonize Bayside Fire Department leases with property ownership. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-16 recommending disposal by lease of Lot 3A, Block 5, Miller Point Subdivision (Chapter 18.20 KIBC and to adopt the findings of fact listed in the staff report dated March 30, 2017, entered into the record for this case as "Findings of Fact" for Case No. 17-022. Daniel Mckenna-Foster reported the Kodiak Island Borough is the owner of this property. This is a disposal by lease, we are not getting rid of lands. It's an update of the existing lease for the fire department. Staff recommends approval with a recommendation to forward to the assembly. Duane Dvorak, Resource Management Officer and applicant, stated he was tasked with revising the apartment lease for Bayside Fire Station to accommodate the incoming new fire chief. In the Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 2 process he observed references to a master lease so with research he located the lease, 83-1, and seen the legal description. His intent was to harmonize the lease with the legal description rather than the ownership. He got a revised agreement back from the attorney which has been shared with the Fire Protection Area Board 1 and Womens Bay Fire Protection Board to look at. It's just an update of the existing lease with new legal descriptions to correspond with the ownership pattern that exists now. Open public hearing: Paul Van Dyke spoke in support of the request but would like it to be postponed to allow for modification some of the language in the resolution and lease. Close public hearing: Commission discussion COMMISSIONER SPALINGER MOVED to postpone Case 17-022 until the July 19, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY C. CASE 17-023. Request a Title 18 Land Disposal Review to consider disposal of Lot 2A Hospital Subdivision. The intent of this request is to harmonize Hospital leases with property ownership. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-17 recommending disposal by lease of Lot 2A-1, Block 1, Hospital Subdivision (KIBC 18.20.030), and to adopt the findings of fact listed in the staff report dated March 30, 2017, entered into the record for this case as "Findings of Fact" for Case No. 17-023. Daniel Mckenna-Foster reported this case is similar to the other cases updating the existing leases. It is a disposal by lease. This parcel is no longer solely Block 2A and the legal description will also be updated. Mckenna gave some of the property history. Staff recommended that this disposal by lease be approved and forwarded to the assembly. Duane Dvorak, Resource Management Officer, stated the matter here goes back to the history. Looking at the legal description in the existing agreement that was just extended it reflected the prior legal description. The replat was done to accommodate the Elder House construction. He was tasked with updating the legal decription. Dvorak gave some of the property history. This has not went through any land disposal review like we would typically do. Open public hearing: None Close public hearing: Commission discussion COMMISSIONER SCHMITT MOVED TO AMEND Finding of Fact #1 to read: The structures on the parcel have been used as the hospital and extended care facility for several decades. FINDINGS OF FACT 1. The structures on this parcel has been used as the hospital and extended care center for the Kodiak Island Borough for several decades. 2. Disposal by lease of this parcel satisfies a public need and enhances the health, safety, and welfare of Borough residents. 3. This request is supported by Public Facilities & Services goals and policies identified in the 2008 Comprehensive Plan. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 3 D. CASE 17-024. Request a Title 18 Land Disposal Review to consider disposal of Lot 1A, Block 2, Tract A, Bells Flats Subdivision & Lot 4, Block 1, Tract A, Bells Fiats Subdivision (Chapter 18.20 KIBC) The intent of this request is to harmonize Fire Department leases with property ownership. and the agent is the Resource Management Road and the zoning is PL -Public Use Lands. The applicant is the Kodiak Island Borough Officer. The location is 538 Sargent Creek COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-18 recommending disposal by lease of Lot 1A, Block 2, Tract A, Bells Flats Subdivision and Lot 4, Block 1, Tract A, Bells Flats Subdivision (Chapter 18.20 KIBC) and to adopt the findings of fact listed in the staff report dated March 30, 2017, entered into the record for this case as "Findings of Fact' for Case No. 17-024. Daniel Mckenna-Foster reported the owner of this property is the Kodiak Island borough. This case is basically an update to an existing lease—there are no significant changes to the property or use. Duane Dvorak, Resource Management Officer, stated this case is similar to the Fire Protection Area 1 request. He gave some history. Open public hearing: Dave Conrad, Womens Bay Road Service Area & Assistant Fire Chief, feels the borough should retain useable, buildable land for the future. Close public hearing: Commission discussion FINDINGS OF FACT 1. The Borough has owned this parcel for several decades and leased it for fire department use. 2. Disposal by lease of this parcel satisfies a public need and enhances the health, safety, and welfare of Borough residents. 3. This request is supported by Public Facilities & Services goals and policies identified in the 2008 Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT called a 5 minute recess at 7:43 p.m. CHAIR ARNDT reconvened the meeting at 7:48 p.m. E. CASE 17-025. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommercialANaterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact' for Case No. 17-025. Director Mason reported a complaint was received in 2016 alleging lodges were operating on R1 -Single -Family Residential zoned lots in Larsen Bay. A commercial lodge has operated on R1 -Single -Family Residential zoned Lot 1 (now Lot 1A), Block 3, Tract A, Larsen Bay Subdivision since construction of the main lodge building in 1998. The applicant purchased Lot 1 (now Lot 1A) and vacant Lot 2 in 2008 and continued the lodge operation since. In 2009, the Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 4 applicant purchased Lots 3 and 4 and expanded the lodge operation onto those lots. All subject parcels are zoned R1 and lodges are not a permitted use in that district To facilitate the rezone, the Future Land Use Designation must be changed from Residential to Commercial or Mixed Waterfront/Commercial/Residential which is consistent with Business and R1 zoning. A previous rezone of Lot 1 (now Lot 1A) to Business was approved by the Assembly on December 4, 2008. That rezone had an effective clause requiring that zoning compliance for all buildings be obtained within 24 months of approval for the rezone to become effective but zoning compliance was not obtained and the rezone became void. This Comp Plan future land use designation change is consistant with the objectives of the Comp Plan and satisfies the requirements of Title 17 and staff recommends approval. In response to CHAIR ARNDT'S inquiry of whether they need to change the timeline from 24 to 36 months for the proposed ordinance or will staff be changing it. Director Mason stated she thought Jack Maker made that change, COMMISSIONER SCHMITT MOVED TO AMEND line 62 to say "within 36 months" instead of 24 months. CHAIR ARNDT called for a voice vote. Sheila Smith, secretary, stated they need a roll call vote. In response, CHAIR ARNDT said an ordinance isn't something that's drafted and sent down afterward, he thinks we can do that, it's not part of our normal action. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open public hearing: The following people called in from Larsen Bay: Jane Petrich spoke in opposition to the request. Hugh Kennen spoke in opposition to the request. Mike Carlson spoke in opposition to the request. Richard Henson spoke in opposition to the request. Lynn Stanton spoke in opposition to the request. Virginia Stanton spoke in opposition to the request. Brad Aga spoke in opposition to the request. David Harmes spoke in opposition to the request. Valen Norell spoke in opposition to the request. Robert Hochmuth spoke in opposition to the request Close public hearing: Commission discussion The commission directed staff to send notification to all Larsen Bay residents. COMMISSIONER SCHMITT MOVED TO POSTPONE Case 17-025 until the June 21, 2017 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F. CASE 17-026. Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. COMMISSIONER SCHMITT MOVED TO POSTPONE Case 17-026 until the June 21, 2017 regular meeting. Open public hearing: None Close public hearing: Brief commission discussion Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 5 ROLL CALL VOTE ON MOTION G. CASE 17-011 (Postponed from the February 15, 2017 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 Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. 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. FINDINGS OF FACT (Supporting motion on the floor) 1. The Planning and Zoning Commission has not completed its master planning effort to engage the public and determine the community needs best fulfilled by these properties. 2. This parcel houses recreational ball fields that are highly valued by numerous organizations in Kodiak and are regularly used for sporting and other community events. 3. Retention of this parcel is supported by various land use and parks & recreation goals, policies, and implementation actions identified in the adapted Comprehensive Plan. Commission discussion COMMISSIONER SCHMITT MOVED to postpone Case 17-011 to the August 16, 2017 Planning and Zoning Commission regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A. CASE 17-018. Reconsideration of the vote on 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. Commissioner Arndt and Commissioner Young filed the Affidavit for Reconsideration. COMMISSIONER ARNDT should make the following motion: COMMISSIONER ARNDT MOVED to reconsider the vote taken at the Planning and Zoning Commission regular meeting of March 22, 2017 on Case No. 17-018 to recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2017-27, as amended by substitution, 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 as "Findings of Fact" for Case No. 17-018. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2017-27, as amended by substitution, 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 as "Findings of Fact" for Case No. 17-018. Discussion FINDINGS OF FACT (In support of motion on the floor as amended) 1. Registered voters in the Kodiak Island Borough voted to legalize select marijuana establishments under State of Alaska Ballot Measure #2 in 2014. 2. AS 17.38.110 provides for the implementation of local controls for marijuana establishments. Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 6 3. Current KIBC Title 17 (Zoning) does not include regulatory requirements for marijuana establishments and does not list them as a permitted use in any zoning district. 4. The amendments to Title 17 KIBC provide the regulatory requirements for marijuana establishments in a manner consistent with similar uses within the Kodiak Island Borough. 5. The amendments to Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to land use and economy. 6. The Planning and Zoning Commission recommends approval of the amendments to Title 17 KI BC. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY NEW BUSINESS None COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters B. Code Enforcement COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • May 10, 2017 Work Session -6:30 p.m. -Borough Conference Room • May 17, 2017 Regular Meeting -6:30 p.m. -Assembly Chambers B. Minutes of Other Meetings C. Abbreviated & Final Approvals — Subdivisions COMMISSIONER SCHMITT 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; Tall Free is 1-855-492-9202. Debra Kirk stated she doesn't understand what they voted on, in the packet it says something about version 2. CHAIR ARNDT explained the commission amended by substitution so there is a version 2 that is a complete substitution of the ordinance. What it did was set restrictions on the lot sizes in RR1, RR2, and Conservation zoning districts. We changed it so it's not allowed in RR1, it was allowed in RR2 and had to be a minimum of two acres. In the Conservation zone, it's a minimum of five acres and we deleted the 20,000 sq. foot along with other changes. This issue will be before the assembly tomorrow night. Shelley Paulsen stated she was on the Marijuana Task Force and she wrestled with this. She's happy Commercial marijuana growing will not be allowed in residential. Version 2 of the ordinance is much better. Paulsen thanked the commission. STAFF COMMENTS Director Mason stated the assembly postponed ADU's to their June 15'h meeting, the Parks and Rec Trail Summit is on April 25`h, we have a new Resource Management Officer starting on June 24`h, and Sheila Smith is our Employee of the Quarter for the first quarter of 2017. COMMISSIONER COMMENTS Chris Hatch congratulated Smith. Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 7 Greg Spalinger said it's good to be back and he apologized for missing the work session due to being sick last week. He also congratulated Smith. He also thanked staff. Alan Schmitt congratulated Smith. He also said this is Duane Dvorak's last public meeting as a borough employee. He has done a lot for the borough over the years. Schmitt will not be here for the May work session but he will attend the regular meeting. He thanked staff for cleaning up the language on the resolutions. Scott Arndt congratulated Smith. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 9 p.m. :►F"YOC• . PLANNING AND ZONING COMM SSION By: Scott Arndt, Chair ATTEST: By: )G-1 C5��L Sheila Smith78ecretary Community Development Department APPROVED: May 17, 2017 Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Page 8