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2017-12-13 Regular MeetingKODIAK ISLAND BOROUGH 1 r f PLANNING AND ZONING COMMISSION REGULAR I Ei Tl 2 6 2018 MINUTES I December 13, 2017 Regular Meeting 6:30 pm-BorouglAsseriltly;fjalii�sers ;.E CALL TO ORDER CHAIR ARNDT called to order the December 13, 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 is Maria Painter due to being out of town. Commissioners present were Scott Arndt, Barry Altenhof, Alan Schmitt, Greg Spalinger, Chris Hatch, and Colin Young. Excused was Maria Painter. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Maria Painter due to being out of town. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Jack Maker and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda for the December 13, 2017 Planning and Zoning Commission meeting. COMMISSIONER SCHMITT MOVED TO AMEND the motion by removing from the agenda Public Hearing Case 17-022 due to it being postponed at the November 29, 2017 regular meeting to the February 21, 2018 regular meeting and to remove Case S18-006 due to the applicant withdrawing their request. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY VOICE VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the November 29, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None Kodiak Island Borough Planning & Zoning Commission Minutes December 13, 2017 Page 1 PUBLIC HEARINGS Comments are 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 18-010. Request a Variance, per Chapter 17.195 KIBC, to reduce the KIBC 17.105.030.A I -Industrial Zoning District minimum lot area requirement of 20,000 square feet to 17,006 square feet to accommodate the replat of Tideland Tract N - 32A -1 of Alaska Tideland Survey 49 and portions of Lot 7, Block 2, Kodiak Townsite, U.S. Survey 2537B to create Tideland Tracts N -32A-2 and N -32A-3 of Alaska Tideland Survey 49. COMMISSIONER SCHMITT MOVED to grant a variance, per Chapter 17.195 KIBC, to reduce the KIBC 17.105.030.A I -Industrial Zoning District minimum lot area requirement of 20,000 square feet to 17,006 square feet to accommodate the replat of Tideland Tract N -32A-1 of Alaska Tideland Survey 49 and portions of Lot 7, Block 2, Kodiak Townsite, U.S. Survey 25378 to create Tideland Tracts N -32A-2 and N -32A-3 of Alaska Tideland Survey 49 as depicted on the Preliminary Plat submission for Abbreviated Subdivision Case No. S18-003, and to adopt the findings of fact listed in the staff report dated November 29, 2017 as "Findings of Fact" for Case No. 18-010. Maker stated this request is to reduce the I -Industrial zoning minimum lot area requirement of 20,000 square feet to 17,006 square feet. On August 27, 2017, the applicant submitted an abbreviated subdivision application and preliminary plat for the replat of one of the two subject parcels to create two newly configured parcels. Staff review of the preliminary plat showed that one of the proposed parcels did not meet the I -Industrial zoning 20,000 square foot minimum lot area requirement. Staff granted abbreviated subdivision preliminary approval, subject to the following condition: Prior to Final Plat Approval, lot lines must be adjusted to increase the size of Tract N -32A-3 to 20,000 sq. ft. or a variance to reduce the minimum lot size for an I -Industrial zoned lot from 20,000 sq. ft. to 17,006 sq. ft. must be obtained. Staff updated the staff report and findings of fact to include the total (6,300 square feet) of the Marine Way East and Near Island Bridge Rights -of -Way takings that affected the subject parcels. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The replat potential of the subject properties has been negatively affected by past rights-of-way takings for Marine Way East and Near Island Bridge that totaled approximately 6,300 square feet. Those takings were particular to the subject parcels and had no similar effect on other I -Industrial zoned properties in the surrounding area. 2. Strict application of the I -Industrial zoning 20,000 square foot minimum lot area requirement would cause practical difficulties by requiring the creation of an odd shaped lot with areas of limited development potential and another lot with reduced off-street parking development potential. 3. The granting of the variance will not result in a change of use on the subject parcels. The current uses, as well as other previously established ]-Industrial zoning permitted uses, have operated on the subject parcels for several years with no reported negative impacts to the surrounding area. Accordingly, granting this variance will not cause material damage or prejudice to other properties in the vicinity and will not be detrimental to the public's health, safety, or general welfare. Kodiak Island Borough Planning & Zoning Commission Minutes December 13, 2017 Page 2 4. The granting of the variance will not change the development potential of the proposed parcels beyond that which is already allowed by code. Accordingly, the granting of the variance will not be contrary to the objectives of the adopted Comprehensive Plan. 5. The special conditions from which relief is being sought were caused by the approximate 6,300 square feet of past rights-of-way takings for Marine Way East and Near Island Bridge, not the applicant. 6. The existing land uses are permitted uses in the I -Industrial district. Consequently, granting the variance will not permit a prohibited use in that district. ROLL CALL VOTE ON MOTION CARRIED 6-0. OLD BUSINESS None NEW BUSINESS A. Parks and Recreation Comp Plan Update No action taken. COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters COMMISSIONER SPALINGER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • January 10, 2018 Work Session -6:30 p.m. -Borough Conference Room • January 17, 2018 Regular Meeting -6:30 p.m. CHAIR ARNDT said he may have a conflict, he will let staff know. B. Abbreviated & Final Approvals — Subdivisions COMMISSIONER SPALINGER 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 Maker said at last week's work session, the commission wanted to add the topics of waterbody setbacks to the next joint Assembly/P &Z work session agenda. We did add it to next month's work session. COMMISSIONER SCHMITT and COMMISSIONER SPALINGER'S terms are up at the end of this month. We have not received any applications to fill the seats. We have a good commission right now. COMMISSIONER COMMENTS Scott Arndt said he just found out and he had assumed that Schmitt was re -upping. He encouraged Schmitt to re -apply and he will be missed. He had the pleasure of working Kodiak Island Borough Planning & Zoning Commission Minutes December 13, 2017 Page 3 with Greg Spalinger for three years and he will be missed also. ARNDT thanked them for their service. Colin Young said it is sad to hear that both Spalinger and Schmitt are leaving, it's been great working with both. Young wished them both luck on their future endeavors. Barry Altenhof said he echoed what Young said. It's an interesting job to say the least. It helps to have someone who has seen a lot of various cases come before the commission and not only knows the history but there will be a little more meaning to the discussion than what the surface facts may require. He thanked both for their service. Greg Spalinger thanks for everyone's comments. He enjoyed being on the commission working and getting to know the commissioners. He thinks they will do a great job going into the future. Alan Schmitt has so much experience and asks good questions. Alan Schmitt said he has thought about it a lot over the past six months. He found it to be rewarding and interesting experience but after seven years he is feeling the need to take a break. He likes the way the process works and the times not so much. He felt it would be good time to step down. He is confident that the commission will continue to do good work for the community. We have a good staff that makes it easier. After a few months, he may reconsider. ADJOURNMENT COMMISSIONER YOUNG MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 6:50 p.m KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: i n Cott Arndt, Chair ATTEST By: {'lel Sheila Smith, Secretary Community Development Department APPROVED: January 24, 2018 Kodiak Island Borough Planning & Zoning Commission Minutes December 13, 2017 Page 4