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2017-07-19 Regular MeetingKodiak Island Borough j AUG 17 2017 Planning and Zoning Commission Regular Meeting Minutes j July 19, 2017 Regular Meeting 6:30 CALL TO ORDER CHAIR ARNDT called to order the July 19, 207 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 were Colin Young due to being out of town and Greg Spalinger being sick. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, and Chris Hatch. Excused were Colin Young and Greg Spalinger. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Colin Young and Greg Spalinger. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason, Daniel Mckenna-Foster, and Sheila 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 June 21, 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 limited to three minutes per speaker. Local number is 486-3231; Toll Free is 1-855-492- 9202. A) CASE 17-032. Request a Conditional Use Permit to allow for the construction of utility facilities related to the Terror Lake Hydroelectric project on a parcel zoned C -Conservation (Chapter 17.50.040 KIBC). The applicant is the Kodiak Electric Association and the agent is Jennifer Richcreek. The location is the SW Portion of Section 31, T29S R23W,Seward Meridian; NE Portion of Section 6, T30S R23W, Seward Meridian; N Portion Section 5, T30S R23W, Seward Meridian; and NW Portion Section 4, T30S R23W, Seward Meridian, and the zoning is C -Conservation. COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit to allow for the construction of utility facilities related to the Terror Lake Hydroelectric project on a parcel zoned C - Conservation, located on the SW Portion of Section 31, T29S R23W, Seward Meridian (SM); NE Portion of Section 6, T30S R23W, SM; N Portion Section 5, T30S R23W, SM; and NW Portion Kodiak Island Borough Planning & Zoning Commission Minutes July 19, 2017 Page 1 Section 4, T30S R23W, SM and to adopt the findings of fact listed in the staff report dated July 5, 2017 for Case No. 17-032. Daniel Mckenna-Foster stated this request is for the construction of hydroelectric facilities on approximately 600 acres of a remote parcel near the Terror Lake Dam. Such facilities are listed as a conditional use in the Conservation District. KEA has gone through around 14 regulatory processes for this project in getting this project moving forward. The proposed project is the upper Hidden Basin diversion works that is basically a pipe connecting the Upper Hidden Basin to the Terror Lake Reservoir to augment Terror Lake electrical production capacity. Staff recommends approval of this request subject to conditions of approval. Open public hearing: Darren Scott, KEA, spoke in support of the request. Close public hearing: Commission discussion CONDITIONS OF APPROVAL 1. This hydroelectric project shall be constructed, operated, and maintained in compliance with Federal Energy Regulatory Commission License requirements and all other federal, state, and local regulations. 2. The vegetation around the hydroelectric project shall be maintained to the maximum extent possible and areas disturbed during construction shall be re -vegetated as necessary. 3. Should this project be abandoned for any reason, all visible improvements shall be removed and the affected areas shall be returned to their natural state within two years of abandonment. 4. This Conditional Use Permit shall not be effective until the Federal Energy Regulatory Commission license and conservation easement amendments are approved. FINDINGS OF FACT 1. This hydroelectric project will be constructed, operated, and maintained in compliance with Federal Energy Regulatory Commission License requirements and all other federal, state, and local regulations. Appropriate measures will be taken to minimize impacts to the surrounding area. The conditions of approval should further ensure that this project will have no negative impacts to the value, spirit, character, and integrity of the surrounding area or harm to the public health, safety, convenience, or comfort. 2. The conditional use is consistent with the 2008 Comprehensive Plan and will fulfill all the requirements of the C -Conservation zoning district. 3. The selected site fulfills all engineering requirements and provides for sufficient setbacks, buffers, and other safeguards. 4. This facility is part of a project to benefit the public of Kodiak Island Borough by increasing hydroelectric power generation capacity. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 17-022 (Postponed at the April 19, 2017 Regular Meeting). 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. This is a disposal by long-term lease from the Borough to the Bayside Fire Department. The applicant is the Kodiak Island Borough. The location is 4606 Rezanof Drive, and the zoning is PL -Public Use Lands. Motion on the floor from the April 19, 2017 RM; 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. The motion was seconded by COMMISSIONER SPALINGER. Kodiak Island Borough Planning & Zoning Commission Minutes July 19, 2017 Page 2 Findings of Fact in support of motion: 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. Daniel Mckenna-Foster stated there have been no changes to the staff report since the meeting. CHAIR ARNDT stated that the Fire District 1 Board met and is requesting additional time, a 120 - day extension. COMMISSIONER SCHMITT MOVED to postpone this case to the November 15, 2017 regular meeting. Commission discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 17-033. Request a Variance to reduce the required off-street parking requirement from three (3) spaces to two (2) spaces for the future development of a single-family residence on Lot 1, Alder -Natalia Subdivision (Chapter 17.195 KIBC). The applicant is Francis R. Costello. The location is 216 Hillcrest Street, and the zoning is R3 -Multi -family Residential. COMMISSIONER SCHMITT MOVED to approve a variance to reduce the required off-street parking requirement from three (3) spaces to two (2) spaces for the future development of a single- family residence on Lot 1, Alder -Natalia Subdivision (Chapter 17.195 KIBC), and to adopt the findings of fact listed in the staff report dated July 5, 2017 for Case No. 17-033. Daniel Mckenna-Foster stated off-street parking requirements are an expensive and inefficient attempt at regulating freely provided street space. They take away choice from property owners and force entire neighborhoods to take preemptive responsibility for potential on -street parkers. In many places in Kodiak, parking on the street is not illegal. A better way to manage on -street parking problems is by making rules about who can park on the street and when, and enforcing them on a case-by-case basis and penalizing those who infringe on those rules. This lot is in one of the oldest sections of urban Kodiak where many homes were built before off-street parking requirements were accepted as a way of attempting to control street use. Several adjacent properties have no off-street parking at all. Many residents use the city owned parking lot along Hillcrest Street. By providing and maintaining this area, the city is subsidizing the cost of off-street parking for those residents. Code requires three off-street parking spaces per single-family residence. This means that 486 ft. must be used for parking. The combined worth of the parking spaces required is $2,077.91. It seems unjustified to require such financial and physical hardship of one property owner in this densely populated urban area Staff determined that this request meets the conditions necessary for a Variance. Open public hearing: Francis Costello, applicant, spoke in support of the request. Close public hearing: Brief 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 including making the construction of housing prohibitively expensive. Kodiak Island Borough Planning & Zoning Commission Minutes July 19, 2017 Page 3 3. Granting a variance would not adversely affect surrounding properties and may protect surrounding properties from adverse effects related to site excavation. 4. The variance is consistent with land use and housing 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 in the R3 -Multifamily Residential District. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D. CASE 18-001. Request Ordinance No. FY2018-03 modifying Titles 6 and 17 to allow for the keeping of small livestock and other agricultural activities in the R1, R2, R3, and RR zoning districts. The applicant is the Kodiak Island Borough. The location is borough -wide, and the zoning is R1 -Single-family Residential, 112 -Two-family Residential, and R3 -Multi- family Residential, and RR -Rural Residential Zoning Districts. COMMISSIONER PAINTER MOVED to recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2018-03, amending Title 6 (Animal Control) and Title 17 (Zoning) to allow for the keeping of small livestock and other agricultural activities in the R1, R2, R3, and RR zoning districts, and to adopt the findings of fact listed in the staff report for Case No. 18-001 dated July 5, 2017. Director Mason stated in October the assembly passed a moratorium on the enforcement of the keeping of chickens and other small livestock on our urban residential zoned lots and RR zoned lots. We continue to enforce against roosters and other large livestock in those zoning districts. This has been at a few work sessions, and two public meetings have happened since October. We used public input to develop the first draft, took the first draft to the public and received positive feedback. The commission received that first draft in June and we modified it a little further. Director Mason requested the commission amend the motion to insert the missing phrases that specifies the need of a single-family residence on the property. Staff recommends this be forwarded to the assembly for their approval after making amendments. COMMISSIONER SCHMITT MOVED TO AMEND the motion on line 200 of the proposed ordinance FY2018-03 to line 200 after the 40,000 sq. feet insert when there is a single-family residence on the property and on line 224 of the same thing after the 40,000 sq. feet insert when there is a single-family residence on the property. COMMISSIONER SCHMITT MOVED TO AMEND the motion to amend on line 224 amend it to conclude with the clause when there is a single-family residence on the property and line 251 the same, concluding with the clause when there is a single-family residence on the property. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY Discussion Open public hearing: Barbara Zimmerman spoke in support of the ordinance. Chris Ford spoke in support of the ordinance and thanked the commission. Close public hearing: Commission discussion FINDINGS OF FACT 1. Kodiak residents rely on the keeping of chickens and other small animals useful to people to supplement their sustenance and income. 2. Having reliable access to locally -produced food is a benefit to the community. Kodiak Island Borough Planning & Zoning Commission Minutes July 19, 2017 Page 4 3. The amendments to Title 17 KIBC are consistent with the adopted 2008 Comprehensive Plan goals, policies, and implementation actions. 4. The Planning and Zoning Commission recommends approval of Ordinance FY2018-03. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY E. CASE 17-028 (Postponed at the June 21, 2017 Regular Meeting). 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. Motion on the floor from the June 21, 2017 regular meeting is: 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. COMMISSIONER PAINTER seconded the motion. FINDINGS OF FACT (in support of motion on the floor) 1. The subject parcel is adjacent to properties with a Future Land Use Designation of Commercial. 2. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 3. This Comprehensive Plan Amendment request is consistent with the land use goals and policies of the 2008 Comprehensive Plan and would be in line with long term development patterns along Mill Bay Road. 4. This amendment is necessary to allow for a subsequent rezone from R1 -Single-family Residential to B -Business. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Daniel Mckenna-Foster stated there have been no changes to the staff report or the corresponding staff report for Rezone Case 17-029. Staff recommends that both move forward affirmatively. Mr. Cole said he would try to come in but may not be able to. Sheila Smith stated that Mr. Cole is stuck in Port Lions due to weather. Open public hearing: Jason Waggoner spoke opposing the request and submitted pictures and a petition to the commission. Close public hearing: Brief discussion COMMISSIONER HATCH MOVED to postpone to the August 16, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSPONE CARRIED UNANIMOUSLY F. CASE 17-029 (Postponed at the June 21, 2017 Regular Meeting). 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 PAINTER MOVED postpone Case 17-029 to the August 16, 2017 regular meeting ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes July 19, 2017 Page 5 OLD BUSINESS None 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: • August 9, 2017 Work Session -6:30 p.m. -Borough Conference Room • August 16, 2017 Regular Meeting -6:30 p.m. -Assembly Chambers COMMISSIONER PAINTER 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 said that residential small lots is set to be on the assembly agenda for introduction at the August 17th regular meeting which means they will be discussing it at their work session on August 10th. COMMISSIONER COMMENTS Alan Schmitt said he recognizes DOT; they did some brush clearing near the intersection of Woody Way Loop and Rezanof. It really increased the visibility there. ADJOURNMENT COMMISSIONER ALTENHOF MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:35 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING CO4tlSSION� By: C O Scott Arrfdt, Chair ATTEST By: n Sheila Smith, SecreTffry Community Development Department APPROVED: August 16, 2017 Kodiak Island Borough Planning & Zoning Commission Minutes July 19, 2017 Page 6