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2018-07-18 Regular MeetingKodiak Island Borough ' Planning and Zoning Commission Regular Meeting AUG 2 0 2018 Minutes 18, 2018 Regular Meeting 6:30 pm -B( CALL TO ORDER CHAIR ARNDT called to order the July 18, 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, Dave Townsend, and Jay Baldwin. Excused was Chris Hatch. A quorum was established. COMMISSIONER TOWNSEND MOVED to excuse Chris Hatch. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Jack Maker, Sheila Smith, and Daniel Mckenna- Foster. APPROVAL OF AGENDA COMMISSIONER BALDWIN MOVED to approve the agenda as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the June 27, 2018 minutes as presented. 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. A) CASE 18-007 (Postponed at the October 25, 2017 Regular Meeting, withdrawn by applicant). Request a Variance to allow an existing 16.4 foot x 24.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC 17.80.040.0 and 17.195). The applicants are Don & Suzanne Bobo. The location is 414 Thorsheim Street and the zoning is R2 -Two-family Residential. Applicant has withdrawn their request, no motion on the floor, and no action to be taken. B) CASE 518-004. Request preliminary approval of the vacation of a 5 foot wide portion of a 10 foot wide utility easement the runs along the inside of the rear lot line of Lot 5, Block 7, Aleutian Homes Subdivision (KIBC 16.40 and 16.60). The applicants are Don & Suzanne Bobo. The location is 414 Thorsheim Street and the zoning is 112 -Two-family Residential. Applicant has withdrawn their request, no motion on the floor, and no action to be taken. C. CASE 518-012. Request Preliminary approval of the replat of a portion of Lot 12, U.S. Survey 2539, Protracted Section 1, T.28S, R.20W, Seward Meridian (ASLS 89-10 per Plat 90-28) vacating a 50' wide road and utility easement and a portion of an electrical easement and creating a new 50' wide road and utility easement and electrical easement (Chapters 16.40 and 16.60 KIBCI. The Kodiak Island Borough Planning & Zoning Commission Minutes July 18, 2018 Page 1 applicant is the City of Kodiak and the agent is Glenn Melvin, Engineer, City of Kodiak Public Works Department. The location is 911 Rezanof Drive West and the zoning is I -Industrial. COMMISSIONER BALDWIN MOVED to grant preliminary approval of the replat of a portion of Lot 12, U.S. Survey 2539, Protracted Section 1, T28S R20W, Seward Meridian (ASLS 89-10 per Plat 90-28) vacating a 50' wide road and utility easement and a portion of an electrical easement and creating a new 50' wide road and utility easement and electrical easement, subject to one condition of approval that increases the width of the road and utility easement to 60', and to adopt the findings in the supplemental staff report dated July 12, 2018 as "Findings of Fact" for case S18-012. Maker reported this came before the commission in 2015 or 2013. Preliminary approval was granted but it expired before they could turn in the final plat. Commissioner Painter pointed out that it was a small sliver of the Right -of -Way that didn't make the 50' width requirement. Further review Maker realized it is a collector Right -of -Way and the minimum requirement for that is 60' so he added a condition of approval to widen the entire length of the Right -of -Way from 50' to 60'. Staff recommends approval subject to the condition of approval Open public hearing: None Close public hearing: Commission discussion COMMISSIONER PAINTER questioned Maker whether the note on plat 90-28 should be required on this plat also. CHAIR ARNDT called a recess at 6:43 p.m. so Maker can go to the office to get information to answer Painter's question. CHAIR ARNDT reconvened the meeting at 6:47 p.m. Maker handed out copies of a drawing to the commission and he said there are ADEC restrictions listed but they are not plat notes. Staff's take on listing ADEC restrictions specific to Alaska administrative code is inappropriate on a plat because the code constantly changes and any industrial type permitting fallow State, Federal, and local regulations. CONDITION OF APPROVAL 1. The entire length of the road and utility easement that encompasses Gibson Cove Road shall be adjusted to a width of no less than 60' on the Final Plat. FINDINGS OF FACT 1. The conditions of approval will ensure this plat meets the data, lot design, and easement identification requirements of Chapter 16.40 (Preliminary Plat) of the Borough Code. 2. The roadway, utility, and electrical easements vacated by this plat do not accurately depict existing road and utility installations. Consequently, the vacated easements serve no practical purpose and are of no value to the City of Kodiak or Kodiak Island Borough. 3. This plat establishes new easements around the actual location of road and utility installations that are of value to the City of Kodiak and Kodiak Island Borough. Adjusting the easements to meet width requirements and to encompass those installations brings those easements and facilities into compliance with Title 16 (Subdivision) of the Borough Code. 4. This platting action will not result in material damage or prejudice to other properties in the area. 5. This platting action will not be detrimental to the public's health, safety, or general welfare. 6. This platting action is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS A. CASE 18-017. Request a Site Plan Review, per KIBC 17.130.020, to review the proposed design for conversion of a portion of an existing storage building (historic barn adjacent to the Public Library) to City of Kodiak office space on Lot 613-11) of U.S. Survey 2538A (614 Eagan Way). The Kodiak Island Borough Planning & Zoning Commission Minutes July 18, 2018 Page 2 applicant is the City of Kodiak and the agent is Glenn Melvin, City of Kodiak Engineer. The location Is 614 Egan Way and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to approve the site plan for the proposed design for conversion of a portion of an existing storage building (the historic barn adjacent to the Public Library) to City of Kodiak office space on Lot 613-1 D of U.S. Survey 2538A, and to adopt the findings of fact listed in the staff report dated July 3, 2018 as "Findings of Fact" for Case No. 18-017. Mckenna-Foster said the plan is to create a work space for 2 city employees. Conversion of the barn structure from storage space to office space is a change of use that requires the approval of a site plan by the commission. Staff recommends approval of this request. FINDINGS OF FACT 1. Community buildings and offices for local, state and federal governments are a permitted use in the PL -Public Use Lands district. 2. The site plan meets all of the zoning district requirements for development in the PL -Public Use Lands district. 3. The approval of this site plan will further implement certain Local Government and Land Use & Ownership goals, policies, and implementation actions of the 2008 Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 18-018. A Site Plan Review, per KIBC 17.85.080, to review the design of a proposed multi- family residential development consisting of 30 townhouse style dwelling units on Lot 1, Block 3, Kadiak Subdivision, First Addition (3382 Sharatin Road). COMMISSIONER BALDWIN MOVED to approve the site plan for a proposed multi -family residential development consisting of 30 townhouse style dwelling units on Lot 1, Block 3, Kadiak Alaska Subdivision, First Addition, subject to two (2) conditions of approval, and to adopt the findings of listed in the supplemental staff report dated July 12, 2018 and entered into the record for this case as "Findings of Fact" for Case No 18-018. Mckenna-Foster said any project with 10 units or more requires a site plan review by the commission. The site plan required is for the site and not the surrounding area. Drainage is handled during the subdivision process. This site plan submitted meets the setback and parking requirements. Staff recommends approval. At the July 11'h work session discussed drainage issues related to the site plan for this proposed development and the commission recommended the addition of a condition of approval to mitigate any potential drainage impacts to the surrounding properties. Itwas recommended that an engineered drainage plan be approved by the Engineering and Facilities Department Director that all improvements required by the plan be completed during the development process. Staff agrees with the recommendation and provided an amended motion with conditions of approval to ensure such a plan is developed, approved, and implemented prior to completion of the proposed development. The drainage from the proposed development will pass through the borough's public Right -of -Way drainage system and into the State's public Right -of -Way drainage system and due to concerns regarding the ability of the State's system that adequately accommodate that additional drainage, the commission recommended intitial condition of approval requiring the State of Alaska DOT to approve the drainage plan. Staff contacted DOT and who said that it is not standard practice. The potential for such approval to not be granted could solve the proposed development indefinitely. Staff contends that the applicant's responsibility is to ensure drainage from their development is routed into the public Right -of -Way drainage system rather than onto adjacent properties. Improvements to those portions of the drainage system that are adjacent to the property can also be reasonably expected. Improvements to the public system beyond the boundaries of the subject property should not be the applicant's responsibility. Staff does not recommend requiring the State of Alaska DOT Public Facilities approval of the drainage plan. Glenn Gellert, agent, stated he's part of the development team for the Spruce Cape Homes that are here tonight. He hopes the commission will grant the approval they need to start the project. He said they are comfortable with managing the drainage on their site. They are here to answer questions. Clark Yarington, architect, stated there will be screening fences put in. Each section of the fence will be 6' high of the adjacent grade. He also said he met with their property manager today whose going to be working on both the Mill Bay project and Spruce Cape Homes and they reinforced the point with him to enforce parking and parking in the garage, and it will be included in the tenant leases. Kodiak Island Borough Planning & Zoning Commission Minutes July 18, 2018 Page 3 CHAIR ARNDT declared that Swell LLC purchased this property from his brother but he has no financial dealings with any of his brothers and he does not feel there is a conflict. Discussion Daniel Mckenna-Foster said that both him and Maker were working on this case separately and the motion on the floor includes the staff report date of July 121h but it should be July 131h. COMMISSIONER TOWNSEND MOVED to amend the motion to change the staff report from July 121h to July 13". CONDITIONS OF APPROVAL 1. An engineered drainage plan, approved by the Kodiak Island Borough Engineering and Facilities Department Director, shall be provided prior to issuance of zoning compliance for the proposed development 2. All improvements required by the approved engineered drainage plan shall be completed prior to issuance of a certificate of occupancy for any structure associated with the proposed development. FINDINGS OF FACT 1. Multifamily residential buildings are listed as a permitted use in the R3 -Multifamily Residential district. 2. The conditions of approval will ensure that the site plan for this case meets all standards as required by Kodiak Island Borough code. 3. Approving this site plan will further implement certain Land Use & Ownership and Housing goals, policies, and implementation actions of the 2008 Comprehensive Plan. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY C. CASE 19-001. Planning and Zoning Commission Resolution No. FY2019-01 Recommending a Capital Improvement Projects Priority List for FY2018-2022. Sheila Smith, parliamentarian, recommended the commission postpone this case and be placed on the agenda as a public hearing item. Commission consensus to postpone and put on agenda as a public hearing item. COMMISSIONER BALDWIN MOVED to postpone to the next regular meeting Planning and Zoning Commission Resolution FY2019-01 recommending a Capital Improvement Projects list for FY2019 —2023. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Maker apologized for putting the CIP in the wrong place on the agenda. COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters COMMISSIONER ALTENHOF MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY 11.REPORTS A. Meeting Schedule: • August 8, 2018 Work Session -6:30 p.m. -Borough Conference Room • August 15, 2018 Regular Meeting -6:30 p.m. B. Minutes of Other Meetings • April 24, 2018 Parks and Recreation Committee Regular Meeting • May 22, 2018 Parks and Recreation Committee Regular Meeting COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports as presented. 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. Kodiak Island Borough Planning & Zoning Commission Minutes July 18, 2018 Page 4 None STAFF COMMENTS Daniel Mckenna-Faster apologized for the wrong date in the motion. The day after the work session we are scrambling to get everything updated as quick as possible. Maker and himself were working on it separately. Friday he went out fishing so he left everything to Maker and that's how the date got in there. RO7TuG4TWIR Maria Painter said she is so grateful that we got out very early, it's sunny and she can't wait to go play. ADJOURNMENT COMMISSIONER ALTENHOF MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:17 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI N By: fO t 9 Scott Arndt, Chair ATTEST: By: '�112J o (20C Sheila Smith, Secretary Community Development Department APPROVED: August 15, 2018 Kodiak Island Borough Planning & Zoning Commission Minutes July 18, 2018 Page 5