2017-06-21 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
MINUTES
JUL 2 1 2017
June 21, 2017 Regular Meeting 6:30 pm -Borough Assembly Chambers
CALL TO ORDER
Call to order the June 21, 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
Requested excusal was Greg Spalinger due to being out of state.
Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, and Alan Schmitt.
Excused were Greg Spalinger and Chris Hatch.
A quorum was established.
COMMISSIONER PAINTER MOVED to excuse Greg Spalinger and Chris Hatch.
VOICE VOTE CARRIED UNANIMOUSLY
Community Development Department staff present was Director Sara Mason, Jack Maker (left
7:25 p.m.), Sheila Smith, and Daniel Mckenna-Foster (arrived 7:25 p.m.)
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 SCHMITT MOVED to approve the May 17, 2017 minutes.
COMMISSIONER SCHMITT MOVED TO AMEND on page 3, in the sections near the bottom
on his comments by striking out the dangling clause at the end.
VOICE VOTE ON MOTION AS AMEND CARRIED UNANIMOUSLY
CITIZENS' COMMENTS
For agenda Items not scheduled for public hearing and general comments. 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 number: 486-3231; Toll Free: 1-855-
492-9202.
A) CASE 17-025 (Postponed at the April 19, 2017 regular meeting). 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). The applicant is Uyak Bay LLC and
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 1
Bruce Kososki, and the agent is Chad Elmer. The location is the Northeast portion of the
City of Larsen Bay. The zoning is R1 -Single-family Residential.
Case 17-025 Postponed at the April 19 RM to June 21 RM.
Motion on the floor:
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
CommercialNVaterfront/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.
The motion was seconded by COMMISSIONER SPALINGER
FINDINGS OF FACT (In support of Motion on the floor)
1. The applicant desires to continue the use of an existing commercial lodge that has operated
on these R1 -Single -Family Residential zoned lots for 5 to 19 years. Lodges are not a
permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B -
Business zoning. B -Business zoning is not consistent with the Residential Future Land Use
Designation assigned to the lots. Accordingly, the Future Land Use Designation of the lots
must be changed to a designation that is consistent with B -Business zoning to facilitate the
rezone required to allow the commercial lodge operation to continue.
2. The lots are situated among parcels that are assigned a mixture of Comprehensive Plan
Future Land Use Designations consisting of Residential, Commercial, Mixed
CommercialNVaterfront/Residential, and Conservation. The amendment is consistent with
that mixture of designations.
3. The lots have adequately accommodated the existing lodge buildings and use for 5 to 19
years and appear to be suitable for such use. The amendment will facilitate a rezone to B -
Business that will allow the existing lodge use to continue. The lots are also of sufficient
area to accommodate a variety of other commercial uses that would be permitted by such a
rezone.
4. The amendment is consistent with, and will further implement, various land use and
economic goals, policies, and implementation actions identified in the adopted
Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this 2008 Comprehensive Plan amendment.
Jack Maker stated this request is a prerequisite to a following Case 17-026 rezone request for
the same parcel. It was postponed at the April regular meeting to allow staff to notify all Larsen
Bay residents and to allow for more comments. Lot 1A has had a lodge operating on it for 19
years. They applied for a rezone in 1993 and that case was postponed to 2008 to allow input
from the City of Larsen Bay on their annex to the Comp Plan. Once the Comp Plan update was
adopted, the rezone came forward again in 2008. The rezone of Lot 1 was approved with an
effective clause that required the applicant get a zoning compliance for all buildings on the
parcel but zoning compliance was not issued due to many conditions to be met. At the work
session, commissioners expressed interest in dividing the motion and that the rezone for Lot 1A
be forwarded to the assembly for approval. Staff recommended postponement on the other
parcels.
Open public hearing:
Jane Petrich (caller) spoke opposing the request.
G. H. Kennen (caller) spoke opposing the request.
David Harmes (caller) spoke opposing the request.
Close public hearing:
Commission discussion
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 2
COMMISSIONER SCHMITT MOVED to call for the division of the motion to separate Lot 1A
from the remaining lots in the request.
ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT called a five minutes recess at 6:54 p.m.
CHAIR ARNDT reconvened the meeting at 6:59 p.m.
COMMISSIONER SCHMITT MOVED to recommend the Kodiak Island Borough Assembly
approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation
of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed
Commercial/Waterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt
the findings of fact listed in the supplemental staff report dated June 15, 2017 and entered into
the record for this case as "Findings of Fact' for Case No. 17-025.
Discussion
EFFECTIVE CLAUSE
This ordinance shall become effective upon the provision of a current as -built survey and
issuance of zoning compliance for all existing structures and established uses on the subject
parcels. Should the as -built survey and zoning compliance requirement not be met within 36
months of Assembly approval, this approval shall become null and void.
FINDINGS OF FACT
1. The applicant desires to continue the use of an existing commercial lodge that has operated
on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use
in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning.
B -Business zoning is not consistent with the Residential Future Land Use Designation
assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be
changed to a designation that is consistent with B -Business zoning to facilitate the rezone
required to allow the commercial lodge operation to continue.
2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future
Land Use Designations consisting of Residential, Commercial, Mixed
CommercialMaterfront/Residential, and Conservation. The amendment is consistent with
that mixture of designations.
3. The lot has adequately accommodated the existing lodge buildings and use for several
years and appears to be suitable for such use. The amendment will facilitate a rezone to B -
Business that will allow the existing lodge use to continue. The lot is also of sufficient area to
accommodate a variety of other commercial uses that would be permitted by such a rezone.
4. The amendment is consistent with, and will further implement, various land use and
economic goals, policies, and implementation actions identified in the adopted
Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this 2008 Comprehensive Plan amendment.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
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 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed
Commercial/Waterfront/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 as it applies to said lots.
COMMISSIONER SCHMITT MOVED to postpone Case 17-025 Motion #2 to the April 2018
regular meeting.
Discussion
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 3
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
B. CASE 17-026 (Postponed at the April 19, 2017 regular meeting). 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. The applicant is Uyak Bay LLC and Bruce
Kososki, and the agent is Chad Elmer. The location is the Northeast portion of the City of
Larsen Bay, and the zoning is R1 -Single-family Residential
COMMISSIONER YOUNG MOVED to recommend that the Kodiak Island Borough Assembly
approve the 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 (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. 17-026.
Maker stated this is the corresponding rezone to Case 17-025. Everything is pretty much the
same. We provided direction for dividing the motion in the guidelines. Regarding encroachments
of the existing lodge building on Lot 1A, on page 292 of the case packet that is taken right from
the plat where they replatted Lot 1 to become 1A. During that replat, they incorporated a portion
of A Street Right -Of -Way. Zoning Compliance was not obtained within 24 months. A 50' portion
of A Street, the entire Right -Of -Way was vacated so A Street no longer goes through there that
was done through platting which the City of Larsen Bay was involved in because it was a
vacation of their Right -Of -Way and it had to be approved by them. Half of the Right -Of -Way all
the way from that point where all of it is dedicated to Second Street was vacated and
incorporated into Lot 1A. No portion of the actual buildings encroaches according to the plat.
According the plat, the building does not encroach but the deck does. Should the rezone be
approved, prior to issuing zoning compliance we would make sure the encroachment was
addressed?
Open public hearing:
Jane Petrich (caller) inquired what the vote was on the previous case and spoke opposing the
request.
Close public hearing:
Commission discussion -Amendments may be offered at this time.
COMMISSIONER SCHMITT MOVED to call for the division of the motion to separate Lot 1A
from the remaining lots in the request.
ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY
Motion #1
COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezone of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family
Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to
adopt the findings of fact listed in the supplemental staff report dated June 15, 2017 and
entered into the record for this case as "Findings of Fact" for Case No. 17-026 as it applies to
said lot.
FINDINGS OF FACT
1. The applicant desires to continue the use of an existing commercial lodge that has operated
on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use
in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning.
Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B -
Business District to allow the commercial lodge operation to continue.
2. The lot is situated within a mixed zoning area that includes R1 -Single -Family Residential, B -
Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed
zoning.
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 4
3. The lot has adequately accommodated the existing lodge buildings and use for several
years and appears to be suitable for such use. The lot is also of sufficient area to
accommodate a variety of other uses that are allowed in B -Business zoning.
4. The rezone is consistent with the Mixed CommercialANaterfront/Residential Comprehensive
Plan Future Land Use Designation assigned to the lot (Case No. 17-025). The rezone is
also consistent with, and will further implement, various land use and economic goals,
policies, and implementation actions identified in the adopted Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
Motion #2
COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezone of Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -
Single -Family Residential District to B -Business District (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. 17-026
COMMISSIONER SCHMITT MOVED to postpone Case No. 17-026 Motion No. 2 to the April
2018 regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
C. CASE 17-030. Request a Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision
from R1 -Single -Family Residential District to B -Business District (KIBC 17.205). The
applicant is the Foxtail Lodge, LLC, and the agent is Jerre D. Munson. The location is
NHN First Street, Larsen Bay. The zoning is R1 -Single-family Residential.
COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family
Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to
adopt the findings of fact listed in the staff report dated June 7, 2017 and entered into the record
for this case as "Findings of Fact' for Case No. 17-030.
Jack Maker stated this is another lodge in Larsen Bay that the previous mayor filed a complaint
saying they were operating lodges in residential zoned properties. The lodge has operated on
the property since 2000. It is a prohibited use in a R1 zone lot. This request is consistent with
the future land use designation that was decided upon by the City of Larsen Bay during the
2008 Larsen Bay Comp Plan Annex. The lot already has a land use designation of Commercial,
which is consistent with Business zoning. It is consistent with the Larsen Bay Comp Plan and
we have a comment from the previous mayor of Larsen Bay stating that. Staff recommends this
request be forwarded to the assembly for their approval.
Open public hearing:
None
Close public hearing:
Commission discussion
FINDINGS OF FACT
1. The applicant desires to continue the use of an existing commercial lodge that has operated
on this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a permitted use
in R1 -Single -Family Residential zoning. Lodges are a permitted use in B -Business zoning.
Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B -
Business District to allow the commercial lodge operation to continue.
2. The lots are situated within a mixed zoning area that includes 131 -Single -Family Residential,
B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed
zoning.
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 5
3. The lot has adequately accommodated the existing lodge buildings and use for several
years and appears to be suitable for such use. The lot also appears capable of
accommodating a variety of other uses that are allowed in B -Business zoning.
4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use
Designation assigned to the lot. The rezone is also consistent with, and will further
implement, various land use and economic goals, policies, and implementation actions
identified in the adopted Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D. CASE 17-031. Request a Similar Use Determination that the use of tandem parking
spaces and spaces within attached garages to meet the off-street parking requirements
for multi -family dwellings is similar to allowing the use of such spaces to meet the off-
street parking requirements for one and two-family dwellings (KIBC 17.175.070.H and
17.15.090.A). The applicant is Swell, LLC, and the agent is Trevor Edmondson, The
Peterson Group, Inc. The location is 1223 Mill Bay Road, and the zoning is B -Business.
COMMISSIONER SCHMITT MOVED to grant a Similar Use Determination, per KIBC
17.15.090.A., finding that the use of tandem parking spaces and spaces within attached
garages to meet the off-street parking requirements for multi -family dwellings is similar to
allowing the use of such spaces to meet the off-street parking requirements for one- and two-
family dwellings as permitted by KIBC 17.175.070.H.
Jack Maker stated the proposed multi -family housing development will consist of four separate
buildings; three of the four buildings will contain five dwelling units that are configured with a
garage on the first floor and living area on the upper two floors. The fourth building will have four
units configured in that manner and one two-story ADA compliant unit that will not have a
garage with parking spaces outside. Twenty units in this project. The parking requirements are
based on the building itself, each building has less than twelve units. Required are two parking
spaces per dwelling unit with 40 parking spaces per code. This afternoon Maker prepared an
amendment to adopt the condition of approval and an amendment to amend the Findings of
Fact. Staff recommends this request be granted.
Open public hearing:
Jane Petrich (caller) said she called regarding Case 17-030.
Trevor Edmondson, Peterson Group representing Swell LLC, spoke favor of the request.
John McGrew, one of the owners of the project, spoke in favor of the request.
Close public hearing:
Commission discussion
COMMISSIONER SCHMITT requested a recess to make sure he gets the motion right, he is
reading from three or four pieces of paper.
CHAIR ARNDT called a five-minute recess.
CHAIR ARNDT reconvened the meeting at 8:05 p.m.
COMMISSIONER SCHMITT MOVED TO AMEND the motion so it would read move to grant a
similar use determination per KIBC 17.15.090.A finding that the use of tandem parking spaces
and spaces within attached garages to meet the off-street parking requirements for multi -family
dwellings is similar to allowing the use of such spaces to meet the off-street parking
requirements for one and two family dwellings as permitted by KIBC 17.175.070.H, and to adopt
the following Findings of Fact subject to one Condition of Approval as the Findings of Fact for
Case 17-031. The Condition of Approval -The rental agreement for this multi -family residential
development shall include language that required tenants to utilize the off-street parking spaces
within their respective dwelling unit's garage for the parking of operable licensed and registered
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 6
passenger vehicles. A copy of the rental agreement shall be provided to the Community
Development Department prior to issuance of zoning compliance. Findings of Facts :1. Lot size
constraints require that this multi -family housing development use tandem parking spaces and
spaces within garages to provide the required number of off-street parking spaces and to meet
the maneuvering area requirements of KIBC 17.175.080.G and fire apparatus access and
turnaround requirements of the adopted fire code. 2. The intended purpose of tandem off-street
parking spaces and spaces within garages for multi -family dwellings is identical to the intended
purpose of such spaces for one- and two-family dwellings. 3. The KIBC 17.175.080.G
requirement for multi -family dwellings to provide onsite parking maneuvering areas eliminates
the potential for local traffic disruptions that can be associated with the use of tandem spaces
for one- and two-family dwellings. Accordingly, tandem parking spaces are better suited for
multi -family dwelling use than for one- and two-family dwelling use. 4. The condition of approval,
combined with a lack of available on -street parking near the site, will greatly reduce the potential
for the off-street parking spaces within the garages to be used for any purpose other than the
parking. 5. Off-street parking spaces within the garages of one and two-family dwellings are
commonly used for purposes other than parking. The condition of approval greatly reduces this
potential by requiring such spaces to be used exclusively for parking. Accordingly, such spaces
are better suited to meet the off-street parking requirements for these multi -family dwellings than
for one and two-family dwellings.
FINDINGS OF FACT
1. Lot size constraints require that this multi -family housing development use tandem parking
spaces and spaces within garages to provide the required number of off-street parking
spaces and to meet the maneuvering area requirements of KIBC 17.175.080.G and fire
apparatus access and turnaround requirements of the adopted fire code.
2. The intended purpose of tandem off-street parking spaces and spaces within garages for
multi -family dwellings is identical to the intended purpose of such spaces for one- and two-
family dwellings.'
3. The KIBC 17.175.080.G requirement for multi -family dwellings to provide onsite parking
maneuvering areas eliminates the potential for local traffic disruptions that can be
associated with the use of tandem spaces for one- and two-family dwellings. Accordingly,
tandem parking spaces are better suited for multi -family dwelling use than for one- and two-
family dwelling use.
4. The condition of approval, combined with a lack of available on -street parking near the site,
will greatly reduce the potential for the off-street parking spaces within the garages to be
used for any purpose other than the parking.
5. Off-street parking spaces within the garages of one and two-family dwellings are commonly
used for purposes other than parking. The condition of approval greatly reduces this
potential by requiring such spaces to be used exclusively for parking. Accordingly, such
spaces are better suited to meet the off-street parking requirements for these multi -family
dwellings than for one and two-family dwellings.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-1. The ayes were
COMMISSIONERS ARNDT, ALTENHOF, PAINTER, and SCHMITT. The noe was
COMMISSIONER YOUNG
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
E. CASE 17-027. Request a Variance to allow an existing single-family residence to
encroach 14' into the required front yard setback and 2 feet into the required side yard
setback on Lot 9, Block 2, Port Lions Subdivision. The applicant is Roy Fairman. The
location is 415 Bayview Drive, Port Lions. The zoning is R1 -Single-family Residential.
COMMISSIONER PAINTER MOVED to approve a variance to allow an existing single-family
residence to encroach 14 feet into the required front yard setback and 2 feet into the required
side yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050)
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 7
subject to the condition outlined in the staff report, and to adopt the findings of fact listed in the
staff report dated May 18, 2017 and entered into the record as "Findings of Fact" for Case No.
17-027.
Daniel Mckenna-Foster stated this home has stood in the same place for several decades with
no significant adverse impacts to the surrounding community. Cursory inspection of maps
suggests that many other properties in Port Lions have setback violations as well. It seems
appropriate that this violation be addressed by normalization through the granting of a variance
and obtaining after the fact zoning compliance. One neighbor expressed concern that granting a
variance will be inconsistent application to the borough code and the space between the
properties is not sufficient as the structures currently stand. Staff determined this request meets
all the conditions necessary for a variance to be granted. Following the June work session the
commission discussed the possibility of requiring an asbuilt survey from the property owner and
they requested that borough staff ascertain who poured the original foundation for this property
and when. The initial staff report stated erroneously that the City of Port Lions poured the
foundation for this home site. The applicant stated on his application that it was the city that
cleared the area for the foundation and they did not actually pour it. A representative from the
City of Port Lions explained, from his knowledge, that the City of Port Lions did not pour the
foundation. They did haul in rock and level the property for the former owner. The person who
sold the property to Mr. Fairman may have poured the foundation but he cannot say for sure.
The requirement for an asbuilt survey could cost the property owner between $1500 - $4000. If
the commission plans to grant the variance, it may save the property owner this expense by re -
advertising the case to allow for a larger setback. Staff recommends approval subject to
conditions of approval.
Discussion regarding the encroachment, postponement, and not being a motion to postpone in
the staff report.
COMMISSIONER SCHMITT MOVED TO POSTPONE this case to the January 2018 regular
meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
F. CASE 17-028. Request a Comprehensive Plan amendment to change the Future Land
Use Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial
(KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone
the lot from R1 -Single -Family Residential District to B -Business District (Case No.17-
029). The applicant is James Cole. The location is 110 Bancroft Drive, and the zoning is
R1 -Single-family Residential.
COMMISSIONER YOUNG MOVED to recommend that the Kodiak Island Borough Assembly
approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation
of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205) and to
adopt the findings of fact in the staff report dated May 16, 2017 as Findings of Fact for Case 17-
028.
Daniel Mckenna-Foster stated this lot is zoned residential but structures on the lot have been in
various states of demolition since 2012. The lot is encircled by areas with proposed future land
use designation of Urban Residential/Commercial/Business and across Mill Bay Road from an
area with a future land use designation of Industrial/Light Industrial. Mill Bay Road has long
been one of the primary Commercial corridors. The 1968 Comp Plan recognized this arterial is a
central route for businesses and vehicle traffic and the 2008 Comp Plan focuses most of the
future Commercial/Business land use along this road as well. Many lots in this area have been
rezoned to Business since they were originally zoned from Unclassified to Residential in the
1970's. A 2006 staff report for the rezone of the adjacent lot from R1 to Business, Case 06-010
noted at the time only ten privately owned frontage lots between Birch Avenue and Benny
Benson Drive were not zoned for some level of commercial activity. As of 2017, only four lots
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 8
are not zoned for some type of commercial activity. Although most changes in the vicinity seem
to be moving more towards commercial use rather than dense residential use. This property sits
along a highly trafficked commercial corridor but within a small residential enclave.
CHAIR ARNDT called a five-minute recess at 8:35 p.m.
CHAIR ARNDT reconvened the meeting at 8:40 p.m.
Open public hearing:
Charles Wagner spoke opposing the request.
Close public hearing:
Commission discussion
COMMISSIONER YOUNG MOVED TO POSTPONE to the July 19, 2017 regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
G. CASE 17-029. Request a Rezone of Lot 26A, U.S. Survey 3098 from R1 -Single -Family
Residential District to B -Business District (KIBC 17.205). The applicant is James Cole.
The location is 110 Bancroft Drive, and the zoning is R1 -Single-family Residential.
COMMISSIONER YOUNG MOVED to postpone Case 17-029 to the July 19, 2017 regular
meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A. Code Enforcement Letters
COMMISSIONER PAINTER MOVED to acknowledge receipt of communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A. Meeting Schedule:
• July 12, 2017 Work Session -6:30 p.m. -Borough Conference Room
• July 19, 2017 Regular Meeting -6:30 p.m. -Assembly Chambers
B. Minutes of Other Meetings
• March 28, 2017 Regular Meeting, April 11, 2017 Special Meeting, & April 25, 2017
Special Meeting Minutes
C. Abbreviated & Final Approvals — Subdivisions
• S17-005 Transmittal Memo & Recorded Plat 2017-7
COMMISSIONER PAINTER MOVED to acknowledge receipt of reports.
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.
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 9
STAFF COMMENTS
Director Mason stated the assembly passed the ADU Ordinance last Thursday; it does not look
the same as when you passed it. Residential Small Lots will be the next land use topic that the
assembly takes up and is scheduled for a work session in August. The new Resource
Management Officer started this week so she expects to see in the next few months to see the
things we were working with Duane Dvorak on. The assembly canceled their June 29 work
session and July 6 regular meeting. Daniel Mckenna-Foster will be hosting a Cell Tower Public
Meeting to talk about about the telecommunications ordinance coming up on June 28.
Daniel Mckenna-Foster stated that we've talked about these cases on Bancroft a couple of
times because people have mentioned there is a demonstrated need for residential property
and there is limited housing. We do have a need for more residential housing but the market
seems to be moving in a way that is not providing that. We should keep in mind that as we have
a market based system for providing housing, if the market is not providing the housing it is an
indication that some of the things that the borough has been doing are not producing the results
that we may desire. We need housing but for some reason the market is not providing it. In this
case, this is the market speaking and someone is trying to turn residential into commercial. How
to encourage more housing and what would that take, and how different sections of the borough
can make that happen.
COMMISSIONER COMMENTS
Maria Painter stated she is pleased with the Petersen Group and Swell for coming forth and
potentially building something for the Kodiak community. She hopes it goes well and they are
able to build a second one.
Scott Arndt stated we had two cases tonight: one took commercial property and converted it to
residential; and the other one was to take residential and convert it to Business. In the case of
the commercial, there were 20 units gained. He is a firm believer in that property over a period
of time will achieve its highest and best use. We are seeing residential development of the Cliff
Point Subdivision. The Lands Committee is looking at additional residential on Beaver Lake
Drive. He remembers when we operated under the 68' Comp Plan and it was a great guideline.
He recommends requesting a copy from staff. There are many changes in the community and
for the most part, it is positive. He would also like to go before the borough assembly regarding
the new policy of going paperless. There are a few handicapped people, me being one and
Maria Painter has problems with her eyes. ARNDT would like to request the option that they
give us the option rather than just saying no. It does not just apply to the Planning and Zoning
Commission; he also sits on the Architectural Review Board where we get 11x17 prints that
have already been reduced. He relies on those because he splits them apart to look at
analyzing the details. He spends a lot of time doing that so it is donated time for the borough.
He feels that he and others also contribute to the borough by volunteering their time so it should
be an option. He would like to speak about that to the assembly.
Maria Painter stated she has severe eyestrain when looking at the computer for long periods of
time. That is the reason she needs a hard copy. She is computer literate but she needs paper in
addition. She knows there are costs associated with it but she is sure there is somewhere we
can find the budget for that. Maybe we all should look at the budget as a whole to see where
there could be money for that. There is a need and we give so much time for the community,
and it would afford us to do a better job with a paper copy. When someone has eyestrain or no
access to Wi-Fi, she feels we really need to accommodate that need.
Barry Altenhof stated that many of the packets that we get have duplicate information and it
could be cut back. He does not see it as either/or, you either get a paper copy or you use your
IPad. Let's figure out a way to get those who need a paper copy that need the essential
information in paper form and if they need backup documentation then that could be
Agendallotes.
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 10
Director Mason stated she was told to give people flash drives so they could have them printed
Alan Schmitt stated it seems there is a lot of repetition from in the packets but falling back on his
prior occupation as an attorney, the record that is before us, if there's any subsequent action to
the assembly as the Board of Adjustment or to the courts, that is then the record so it's critical
that the record be complete. It can be a pain but it is necessary.
ADJOURNMENT
COMMISSIONER ALTENHOF MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT adjourned the meeting at 9:10 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMM SSION
By: !�
Scott Arndt, Chair
ATTEST
By:
Sheila Smith, -Secretary
Community Development Department
APPROVED: July 19, 2017
Kodiak Island Borough Planning & Zoning Commission Minutes
June 21, 2017 Page 11