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2017-08-16 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes August 16, 2017 Regular Meeting CALL TO ORDER 6:30 pm -Borough SEP 2 2 2017 CHAIR ARNDT called to order the August 16, 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 Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Greg Spalinger, Chris Hatch, and Colin Young. A quorum was established. Community Development Department staff present was Director Sara Mason, Sheila Smith, Jack Maker (left 7:15 p.m.), and Daniel Mckenna-Foster (arrived 7:15 p.m.). 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 July 19, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS None PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. Sign in and state your name for the record. A) CASE 18-002. Request a rezone of Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District (Chapter 17.205 KIBC). The applicant is Emerald Isle Estates LLC. The location is 2716 Spruce Cape Road and the zoning is R3 -Multi -family Residential. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Emerald Isle Estates Tract from R3 -Multi -family Residential District to R1 -Single -Family Residential District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated August 2, 2017 as "Findings of Fact" for Case 18-002. Staff reported the subject parcel is the former site of Jackson's Mobile Home Park The applicant requests a rezone and he intends to subdivide the parcel into individual lots. A corresponding subdivision request has been submitted in conjunction with this rezone request. This rezone request is consistent with the Comprehensive Plan. Staff recommends forwarding this request to the assembly recommending approval. Open public hearing: Kevin Suydam, applicant, spoke in favor of his request. Kodiak Island Borough Page 1 of 8 Planning and Zoning Commission Minutes August 16, 2017 Close public hearing: Brief commission discussion EFFECTIVE CLAUSE This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought into compliance within 36 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3 -Multifamily Residential District to R1 -Single -Family Residential District will facilitate the desired development. 2. The parcel is situated in a longstanding neighborhood that is generally residential in character and zoning. Rezoning the parcel from R3 -Multifamily Residential District to R1 - Single -Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in the R1 -Single -Family Residential District. 4. The rezone is consistent with the Urban Residential 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 B. CASE S18-001. Request preliminary approval of the subdivision of Emerald Isle Estates Tract, vacating a 25' wide utility easement, and creating Lots 1 thru 21 and Tract A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC). The applicant is Emerald Isle Estates LLC. The location is 2716 Spruce Cape Road and the zoning is R3 - Multi -family Residential. COMMISSIONER SPALINGER MOVED to grant preliminary approval of the Subdivision of Emerald Isle Estates Tract, vacating a 25' wide utility easement, and creating Lots 1 thru 21 and Tract A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC) subject to fifteen (15) conditions of approval, and to adopt the findings in the staff report dated August 2, 2017 case as "Findings of Fact" for case S18-001. Staff reported staffs review of the plat shows it meets borough code requirements. Staff recommends preliminary approval be granted, subject to 15 conditions of approval. Open public hearing: David Zimmerman spoke in support of the request. Brenda Friend spoke in support of the request. Kevin Suydam, applicant, spoke in support of the request. Close public hearing: Commission discussion CONDITIONS OF APPROVAL 1. A note requiring a 10' setback from the east side lot lines of Lots 15 and 21 and the west side lot line of Lot 14 shall be listed on the Final Plat. Kodiak Island Borough Page 2 of 8 Planning and Zoning Commission Minutes August 16, 2017 2. A site plan showing the positioning of the accessory building at the rear of Lot 3 shall be provided and any noted encroachments into required setbacks or across property lines shall be remedied prior to Final Plat approval. 3. Prior to Final Plat approval, the five (5) remaining manufactured homes and one (1) accessory building identified in the photos on appendix 5.1 and 5.2 of the staff report entered into the record for Case No. S1 B-002 shall be demolished, relocated, or otherwise brought into compliance with Title 17 (Zoning) of the Borough Code. 4. Suydam Lane shall be identified as Emerald Isle Court on the Final Plat. 5. A construction plan for Emerald Isle Court roadway and cul-de-sac shall be prepared by a professional engineer registered in the State of Alaska. The plan must meet the requirements of Chapters 16.70 and 16.80 of the Borough Code and be reviewed and approved by the Engineering and Facilities Department Director. Construction must be completed per the approved plan prior to Final Plat approval. Construction shall be deemed complete upon written acceptance by the Engineering and Facilities Department Director. 6. Prior to Final Plat approval, drainage ditches shall be installed along the Metrokin Way frontage of lots 15 thru 21. Ditch installation must comply with the requirements of Chapters 16.70 and 16.80 of the Borough Code. The required improvements shall be deemed complete upon written acceptance by the Engineering and Facilities Department Director. 7. A drainage plan for Emerald Isle Court shall be prepared by a professional engineer registered in the State of Alaska. The plan must meet the requirements of Chapters 16.70 and 16.80 of the Borough Code and be reviewed and approved by the Engineering and Facilities Department Director. All improvements required by the plan must be completed prior to Final Plat approval. The required improvements shall be deemed complete upon written acceptance by the Engineering and Facilities Department Director prior to Final Plat Approval. 8. The Final Plat shall depict 10' utility easements centered along all overhead power lines that cross a lot other than the one they serve or documentation from Kodiak Electric Association stating that all such lines have been de -energized and abandoned shall be provided prior to Final Plat approval. 9. Prior to Final Plat approval, the City water main shall be extended to provide service to those lots that abut Emerald Isle Court. Stubouts for each lot shall also be installed in the extended water main and existing sewer main. The improvements shall meet the requirements of Chapter 16.70 of the Borough Code and Chapter 13.18 of the City of Kodiak Code. The design for the improvements shall be approved by the City Public Works Department and the Alaska Department of Environmental Conservation prior to construction. The required improvements shall be deemed complete upon written acceptance by the Engineering and Facilities Department Director and City Public Works Department Director prior to Final Plat approval. 10. Prior to Final Plat approval, the City sewer main shall be extended to provide service to lots 7 and B. Stubouts for each lot shall also be installed in the extended sewer main and existing water main. The improvements shall meet the requirements of Chapter 16.70 of the Borough Code and Chapter 13.18 of the City of Kodiak Code. The design for the improvements shall be approved by the City Public Works Department and the Alaska Department of Environmental Conservation prior to construction. The required improvements shall be deemed complete upon written acceptance by the Engineering and Facilities Department Director and City Public Works Department Director. 11. Prior to Final Plat approval, fire hydrants shall be installed as required by KIBC 16.70.020.3 and Chapter 13.18 of the City of Kodiak Code. The type and spacing of hydrants shall be approved by the Fire Marshall. The required improvements shall be deemed complete upon written acceptance by the Engineering and Facilities Department Director and City Public Works Department Director. 12. Prior to Final Plat approval and corresponding vacation of the 25' wide utility easement on Tract A, electric and City sewer and water service to Lot 15, U.S. Survey 3233 shall be rerouted to an area within Lot 7, U.S. Survey 3233 and the newly created utility and access Kodiak Island Borough Page 3 of 8 Planning and Zoning Commission Minutes August 16, 2017 easements along the west lot lines of Lot 19 and Tract A. Documentation confirming that those services have been rerouted must be provided. 13. The electrical easements identified on the plat mark-up for Case No. S18-001 shall be depicted on the Final Plat. 14. Surveyor note No. 4 shall be amended to read "further subdivision of Lots 1 thru 21 is prohibited" on Final Plat. 15. The lengths of all lot lines shall be depicted on the Final Plat. 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 that the improvement requirements of Chapter 16.40 (Preliminary Plat) are completed 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. The adopted conditions of approval will ensure that the associated 25' utility easement is suitable for vacation per Chapter 16.60 of the Borough Code. 6. 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 CARRIED UNANIMOUSLY C. CASE 17-011 (Postponed at the April 19, 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. The applicant is the Kodiak Island Borough and the agent is the Borough Resource Management Officer. The location is 3235 Rezanof Drive East & NHN Woody Way Loop and the zoning is R2 -Two-family Residential. Case 17-011 postponed at the April 19, 2017 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 adopted Comprehensive Plan. Director Mason reported since much time has lapsed since the introduction of this case, staff made some changes to the resolution. After some additional conversation, we tweaked it again. The new resolution is right after the supplemental staff report. The highlighted information is what we talked about last week and she made a couple of other changes. COMMISSIONER SCHMITT MOVED to amend the motion to insert "revised" before Resolution FY2017-11. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to strike "October 5, 2016" after staff report dated and insert "August 2, 2017." Kodiak Island Borough Page 4 of 8 Planning and Zoning Commission Minutes August 16, 2017 ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY Open public hearing: None Close public hearing: Commission discussion. FINDINGS OF FACT 1. The Planning & Zoning Commission has not completed its master planning effort to engage the public and determine the community needs best fulfilled by these properties. 2. These parcels house 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 these parcels is supported by various land use and parks & recreational goals, policies, and implementation action identified in the adopted 2008 Comprehensive Plan. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY D. CASE 17-028 (Postponed at the July 19, 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. Case 17-028 Postponed at the July RM Motion on the floor from the June 21, 2017 RM 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. Staff reported there have been no changes to the staff report or recommendation. This case has been postponed a few times. There hasn't been a residence on the property for several years. It is zoned residential but hasn't been used as residential for some time. Director Mason also noted that a screening review is also required for Business next to residential. COMMISSIONER SCHMITT MOVED to amend the motion to strike "May 16, 2017" and insert "August 2, 2017". ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open public hearing: Kodiak Island Borough Page 5 of 8 Planning and Zoning Commission Minutes August 16, 2017 Jim Cole, applicant, spoke in favor of his request. Close public hearing: Commission discussion FINDINGS OF FACT 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. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-2. The ayes were COMMISSIONERS ARNDT, ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS SCHMITT and HATCH. E. CASE 17-029 (Postponed at the July 19, 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 SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 26A, U.S. Survey 3098 from R1 -Single-family Residential District to B -Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff report dated August 2, 2017 as "Findings of Fact' for Case 17-029. Staff reported there were no changes to the staff report. Staff recommends approval with a recommendation to the assembly for their approval. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The subject parcel is adjacent to property zoned B -Business. 2. The subject parcel is located along a commercial corridor in a residential area surrounded by commercial and industrial uses. 3. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 4. This rezone is consistent with the 2008 Designation per Case No. 17-028. 5. This rezone is consistent with land Comprehensive Plan. 6. The Planning and Zoning Commissior this rezone. Comprehensive Plan Commercial Future Land Use use goals and policies identified in the a 2008 recommends that the Borough Assembly approve ROLL CALL VOTE ON MOTION CARRIED 5-2. The ayes were COMMISSIONERS ARNDT ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS SCHMITT and YOUNG. F. CASE 18-003. Request a Similar Use Determination finding that allowing two single- family dwellings on a single R3 -Multifamily Residential District zoned lot is similar to allowing a two family dwelling on a single R3 -Multifamily Residential District zoned lot Kodiak Island Borough Page 6 of 8 Planning and Zoning Commission Minutes August 16, 2017 (KIBC 17.15.090). The applicant is Jo Ann Alvarez and the agent is Mark Anderson. The location is 220 Mill Bay Road and the zoning is R3- Multifamily Residential. COMMISSIONER SPALINGER MOVED to grant a Similar Use Determination, per KIBC 17.15.090.A., that in any residential district where they are allowed, two detached single-family dwellings are similar to one attached two-family dwelling (duplex). Staff reported this request is similar in character as one building with two dwellings and recommends approval. COMMISSIONER SCHMITT MOVED to amend the motion by inserting after the parenthetical duplex and to adopt the findings of fact listed in the staff report dated August 2, 2017 as Findings of Fact for Case 18-003. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open public hearing: Jo Ann Alvarez, applicant, spoke in favor. Mark Anderson, agent, spoke in favor. Close public hearing: Commission discussion FINDINGS OF FACT 1. Two-family units are allowed in the R2 -Two -Family Residential District and R3 -Multifamily Residential District. 2. The use of a single-family dwelling is for one family's habitation, the purpose of one half of a duplex (a two-family dwelling) is for one family's habitation. 3. The use of a detached single-family dwelling is the same as the use of one dwelling unit in a two-family attached building (duplex). 4. The Kodiak Island Borough has allowed multiple multifamily residential buildings on a single lot. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters B. Code Enforcement COMMISSIONER SPALINGER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • September 13, 2017 Work Session -6:30 p.m. -Borough Conference Room • September 20, 2017 Regular Meeting -6:30 p.m. B. Abbreviated & Final Approvals — Subdivisions COMMISSIONER SPALINGER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Page 7 of 8 Planning and Zoning Commission Minutes August 16, 2017 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. Mark Anderson stated it would be so helpful to hear the commission's individual wishes and then have the citizen's be able to respond to that in the public hearing rather than the other way around. Often times he has said his piece and then he hears comments up there, when he could have addressed that. It is something to consider. He said Ms. Alvarez had considered doing two bedrooms but decided the property is best suited for one bedroom. She recognized that there are limits with that parcel. Anderson stated that he does not know if Mr. Cole knows how lucky he is to get a Comp Plan change and a rezone in one meeting. STAFF COMMENTS Director Mason stated Residential Small Lot Subdivisions and the Chicken Ordinance are being introduced tomorrow night's assembly regular meeting. The future land use designation change and subsequent rezone for Mr. Kososki's Larsen Bay property is also on the agenda as well as the Foxtail Lodge rezone. The State APA has opened registration for the annual planning conference and will be held November 12-14. You will also be seeing some draft changes to some of our administrative processes and procedures for land use per assembly request. The hope is to make our code more consistent. Daniel Mckenna-Foster stated his apologies for some of the inadequately formed motions. He has added it to his growing checklist. COMMISSIONER COMMENTS Alan Schmitt stated he looked at one of the abbreviated plats in the packet; it is for Trident Cannery that requested a variance after they purchased where Alaska Fresh Seafood's was. They had a parking issue that came before the commission when they requested the variance. He tried to articulate that it would make more sense to vacate that lot line to make it one lot. They have done it now. Colin Young thanked staff for their hard work. ADJOURNMENT COMMISSIONER SPALINGER MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 8:15 p.m. ATTEST By: cnne.pp i� Sheila Smit , Sec awry Community Development Department APPROVED: September 20, 2017 Kodiak Island Borough Planning and Zoning Commission Minutes KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: l i Scotf Arndt, Chair Page 8 of 8 August 16, 2017