2018-05-16 Regular Meetingr-- 7
Kodiak Island BoroughJUL 2 2018 '
Planning and Zoning Commission Regular Meeting
Minutes
May 16, 2018 Regular Meeting 6:30 pm -Borough ssembly banjheR&A
CALL TO ORDER
CHAIR ARNDT called to order the May 16, 2018 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, Chris Hatch, and
Dave Townsend. Absent was Jim Scholz.
A quorum was established.
Community Development Department staff present was Director Sara Mason and Sheila
Smith.
APPROVAL OF AGENDA
COMMISSIONER PAINTER MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER HATCH MOVED to approve the March 21, 2018 & the April 18, 2018
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
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 17-025 (Postponed at the June 2017 regular meeting). Request a
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). The applicant is Uyak Bay LLC
and Bruce Kososki, and the agent is Chad Elmer. The location is Northeast portion
of the City of Larsen Bay and the zoning is R1 -Single-family Residential.
Motion on the floor from the June 21, 2017 regular meeting:
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). subiect to an
Kodiak Island Borough Planning & Zoning Commission Minutes
May 16, 2018 Page 1
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 HATCH MOVED to amend the motion by striking "staff report dated
March 31, 2017" and inserting "supplemental staff report dated May 2, 2018".
Director Mason stated this was postponed from the June meeting last year. Lot 1A, which
P&Z forwarded at that meeting was postponed by the Assembly in August last year. It
was recently approved at the May 3, 2018 meeting. Staff's recommendation is still the
same. We are working with the community of Larsen Bay to update the Comp Plan but
this application was submitted with the currently approved 2008 Comp Plan. Staff
recommends still using that plan to do the analysis for approval or denial of both the future
land use designation and the subsequent rezone. Staff added the timeline for approval of
the new Draft Larsen Bay Plan. The findings of fact have been updated to reflect that Lot
1A is no longer part of the current request.
Open public hearing:
Jane Petrich (caller) spoke opposing the request.
Bill Nelson (caller) spoke opposing the request.
David Harmes, Larsen Bay City Representative, spoke
Hugh Kennen, Larsen Bay Comp Plan Committee member, spoke
Close public hearing:
Director Mason stated the applicant has not withdrawn their application and they haven't
requested that the case be postponed. The commission has the choice to postpone the
case but if it's postponed until the Comp Plan Annex is updated and approved, the
question that staff has is whether or not we have violated anybody's right to due process.
When someone submits an application, and the code says something and the Comp Plan
that we are to evaluate their request against says something, it doesn't bode well if we hit
the pause button until such a time that we can change the rules to accommodate
potentially a different outcome.
Commission 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. For the past 9 years, the subject parcels and associated structures have been used
to support the operation of a commercial lodge that has operated on adjacent R1-
Single-family Residential zoned Lot 1A for the past 19 years.
2. 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.
3. To facilitate the rezone required to allow the parcels and associated structures to
continue to be used to support the longstanding adjacent commercial lodge operation,
the Future Land Use Designation of the lots must be changed to a designation that is
consistent with B-Business zoning.
4. The lots are situated among parcels that are assigned a mixture of Comprehensive
Plan Future Land Use Designations consisting of Residential, Commercial, Mixed
Kodiak Island Borough Planning & Zoning Commission Minutes
May 16, 2018 Page 2
Commercial/Waterfront/Residential, and Conservation. The amendment is consistent
with that mixture of designations.
5. The lots have adequately accommodated the existing buildings and use for several
years and appear to be suitable for such use. The amendment will facilitate a rezone
to B -Business that will allow the longstanding 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.
6. 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.
7. The Planning and Zoning Commission recommends that the Borough Assembly
approve this 2008 Comprehensive Plan amendment.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
B. CASE 17-026 (Postponed at the June 2017 regular meeting). Request a 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). The applicant is Uyak Bay
LLC and Bruce Kososki, and the agent is Chad Elmer. The location is Northeast
portion of the City of Larsen Bay and the zoning is R1 -Single-family Residential.
Motion on the floor from the June 21, 2017 regular meeting:
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 HATCH MOVED to amend the motion by striking "staff report dated
March 31, 2017' and inserting "supplemental staff report dated May 2, 2018".
DIRECTOR MASON reported this is the corresponding rezone to the future land use
designation change that you just heard. All of the same information applies to this case.
Open public hearing:
Jane Petrich (caller) read a statement opposing the request.
David Harmes, City of Larsen Bay Representative, spoke in support of the lodge
continuing their business.
Close public hearing:
Commission 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 parcel. 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
For the past 9 years, the subject parcels and associated structures have been used
to support the operation of a commercial lodge that has operated on adjacent R1 -
Single -Family Residential zoned Lot 1A for the past 19 years.
Kodiak Island Borough Planning & Zoning Commission Minutes
May 16, 2018 Page 3
2. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a
permitted use in B -Business zoning. Accordingly, to continue the existing lodge use
requires that the parcels be rezoned from R1 -Single -Family Residential District to B -
Business District.
3. The lots are 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.
4. The lots have adequately accommodated the existing lodge buildings and use for
several years and appear to be suitable for such use. The lots are also of sufficient
area to accommodate a variety of other uses that are allowed in B -Business zoning.
5. The rezone is consistent with the Mixed CommercialNVaterfront/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.
6. The Planning and Zoning Commission recommends that the Borough Assembly
approve this rezone.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A. Planning and Zoning Commission Case Results Letters
• March & April Results Letters
B. Code Enforcement Actions
• Code Enforcement Letters Packet
COMMISSIONER PAINTER MOVED to acknowledge receipt of communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A. Meeting Schedule:
• June 20, 2018 Work Session -6:30 p.m. -Borough Conference Room
• June 27, 2018 Regular Meeting -6:30 p.m. -Assembly Chambers
B. Minutes of Other Meetings
• February 27, 2018 Parks and Recreation Committee Regular Meeting
COMMISSIONER TOWNSEND 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
Kodiak Island Borough Planning & Zoning Commission Minutes
May 16, 2018 Page 4
STAFF COMMENTS
Director Mason said this is her last meeting for six months, she will be returning to work
on November 26th. Jack Maker will be taking her place while she's out. She added a work
session item for June, it's a condensed version of the memo that you saw last month
talking about the priorities that you would like to talk to the assembly about at a joint work
session. She included a memo that just has just the six items and then has provided some
elaboration on some that has changed a little. This is a starting point for you to finalize
the list or talk about it more. The assembly moved their similar work session item up to
their May 315' work session. She will be in the office until next Thursday.
COMMISSIONER COMMENTS
Barry Altenhof said at one of the previous meetings we talked about having Mark Kozak
come to give some testimony for the record on the current status of city water, wastewater
handling and treatment capacity. It would be good to have him come before he bids
farewell.
Scott Arndt said it too late, Friday is his last day. Arndt will try to see him tomorrow to try
to get some input from him. He said Dan Rohrer called him wanting talk about a joint
P&Z/Assembly work session. Arndt told Sara Mason that she will be missed and he hopes
the delivery goes well.
ADJOURNMENT
COMMISSIONER TOWNSEND MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT adjourned the meeting at 7:51 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Scott Arndt, Chair
ATTEST:
By: ���YleQo� yw
Sheila Smith'-5ecre awry
Community Development Department
APPROVED: June 27, 2018
Kodiak Island Borough Planning & Zoning Commission Minutes
May 16, 2018 Page 5
