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2018-10-17 Regular MeetingKodiak Island Borough NOV 19 2018 1 Planning and Zoning Commission Regular Meeting i Minutes - I October 17, 2018 6:30 pni-Assernb4yGharnbers--=-----1 CALL TO ORDER Call to order the October 17, 20188regular meeting of the Planning & Zoning Commission at 6:33 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, and Dave Townsend. Excused was Chris Hatch. A quorum was established. COMMISSIONER ALTENHOF 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 PAINTER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER TOWNSEND MOVED to approve the September 19, 2018 regular meeting minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. 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 phone number is 486-3231; Toll Free is 1- 855-492-9202. A) CASE 19-008. Request a Rezone of Lot 4, Block 7 and Lots 3, 4, & 5, Block 8, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205). The applicants are Brian Blondin & Sara Rastopsoff. The location is NHN Larsen Bay and the zoning is R1 -Single -Family Residential. COMMISSIONER TOWNSEND MOVED to recommend that the Kodiak Island Borough Assembly approve the Rezone Lot 4, Block 7 and Lots 3, 4, & 5, Block 8, Tract A, Larsen Bay Subdivision 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 October 3, 2018, and entered into the record for this case as "Findings of Fact" for Case No. 19-008. Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 1 Mckenna-Foster reported he won't go through the whole staff report, everything is in the packet and we discussed it at the work session. He said these lots were identified as suitable for rezoning to some type of commercial use in the 2008 Comp Plan, Lot 4, Block 7, and Lot 3, Block 8 have been used as lodges for years. Staff recommends approval. Open public hearing: Bill Nelson, City of Larsen Bay Mayor, stated he's here for Case 19-006, 19-007, and 19-008. The Larsen Bay City Council would like to keep these as R1 -Single-family Residential. He said we are working on a Comprehensive Plan, so he'd like the commission to put them on hold until we can get everything situated with this Comprehensive Plan. He sent in 3 comments that you should have received. With everything we are going through right now, we would like to get their plan gone through, we have been working on it for a long time, we had a lot of input but towards the end no one has really looked at it. We started out with a big group and ended up with 4. We would like to keep them residential. Randy Blondin stated he is speaking for his family businesses in Larsen Bay which is built and owned around our children who are in Larsen Bay tending to clients right now. We've been in Larsen Bay for 21 years, since 1998, and have not had any complaints in the village. He's requesting to just come within compliance of the current Comp Plan that was designed for all the lodges that are there. Every lodge in Larsen Bay right now has been approved by the commission except for us. There is only 6 and 5 have been approved. We have been there longer than all of them except 1. We are wanting to come into compliance. The mayor has talked about a Comprehensive Plan that is in question, we can address that another time. He is requesting a rezone to come into compliance just like all the other lodges. Blondin also said there are some legal issues going on because there are some people on the city council that are lodge owners and work for lodges. We have been trying to request meeting minutes that happened over the winter regarding the Comprehensive Plan and were told that we can't get them. It's hard to respond to some allegations of what the village is in support of when they don't show you any proof of what they are. We've even asked Jack Maker to see if he can get the minutes, we want to know who is voting on these things and we keep being told by the village that they don't have them. If they are going to be coming to these meetings making statements, we would like to have proof. Close public hearing: Commission discussion FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on these R1 -Single -Family Residential zoned lots for several years. Lodges are not a permitted use in R1 -Single -Family Residential zoning, but Lodges are a permitted use in B - Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The subject parcels are situated in a mixed zoning area that includes R1 -Single -Family - Residential, PL -Public Use Lands, and C -Conservation zoning with a variety of uses. 3. The subject parcels are of sufficient area and capable of providing building sites for commercial use. 4. This rezone is consistent with the Mixed CommerciallWaterfronUResidential designation assigned to the lots in the 2008 Comprehensive Plan. 5. This rezone is consistent with land use goals and policies identified in the 2008 Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED 4-0. Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 2 B. CASE 19-006. Request a Rezone of Lot 2, Block 10, Tract A, Larsen Bay Subdivision from R1 -Single Family Residential District to B -Business District (KIBC 17.205). The applicant is Sara Rastopsoff and the agent is randy Blondin. The location is NHN Larsen Bay and the zoning is R1 -Single-family Residential. COMMISSIONER PAINTER 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 October 3, 2018, and entered into the record for this case as "Findings of Fact" for Case No. 19- 006. Mckenna-Foster stated he needs to check on the legal description. He said it should be Lot 2, Block 10, Tract A, Larsen Bay Subdivision. Mckenna-Foster admitted it was his mistake COMMISSIONER TOWNSEND MOVED to amend the motion to reflect the rezone of Lot 2, Block 10, Tract A, Larsen Bay Subdivision in place of the rezone of Lot 26A, U.S. Survey 3098. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-0. Mckenna-Foster stated similar to the previous case, this is a rezone rom R1 to Business. He said he didn't mention it in the previous case but in 1970's, the borough rezoned all the land to R1. That is something of a relic. Almost everything is R1 in the villages, that is something to keep in mind when we are looking at zoning. The Future Land Use Designation is different but it's still in an area that although predominately zoned R1 -Single-family Residential has a variety of land uses including undeveloped lands, storage, a school, residential buildings, a church, and is also along the waterfront. This property has been used as a Business use for some time. Staff recommends approval. Open public hearing: Randy Blondin spoke in favor of this request stating this is another one of their family properties in Larsen Bay. He said at one time the assembly made a comment that every lodge takes away from (inaudible) but that's not true. Over half the village is empty on both sides. He thinks the village is getting smaller all the time because of stuff like this. There are only about 30 people left in Larsen Bay. Another fact is, a couple years ago the mayor made the comment that people feel like the place is being run over, the next mayor came and said that since 2008 things have gotten way out of hand, but there have been no new lodges since 2003. The village is so small right now and it would not exist without the lodges anyway. Without the income from the lodges it would not be able to function not to mention that lodges pay more than 3 times more than the residents for electricity, 20 times more for garbage. If we are gone for 3 months we are charged for the time we are gone. Close public hearing: Commission discussion FINDINGS OF FACT 1. Rezoning this parcel to B -Business will allow the property owner more flexibility and opportunities to develop their land. 2. The subject parcel is situated in a mixed zoning area that includes R1 -Single -Family - Residential and PL -Public Use Lands with a variety of uses. 3. The subject parcel is located along the waterfront, and along a roadway, which provides opportunities for access by different types of traffic. 4. The subject parcel is of sufficient area and is capable of accommodating a number of the permitted and conditional uses listed for B -Business zoning. 5. This rezone is consistent with land use goals and policies identified in the 2008 Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 3 ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-0 C. CASE 19-002 (Postponed at the August 15, 2018 Regular Meeting). Request an ordinance of the Kodiak Island Borough amending KIBC 17.10 (Comprehensive Plan) to incorporate the 2018 Larsen Bay Comprehensive Plan Annex Update. The proposed plan is available for public review and comment on the Kodiak Island Borough Website's Community Development Department page at htta://www.kodiakak.us/85/Community- Develoament. The applicant is the City of Larsen Bay. The location is all lands within the corporate boundaries of the City of Larsen Bay and the zoning varies. Maker reported at the August 8, 2018, the commission expressed concern that perhaps there wasn't enough public input on this plan or it wasn't out long enough for public comment. At the August 15, 2018 regular meeting, the commission postponed the request to the October 17, 2018 regular meeting. The intent of that postponement was to allow additional public comment and another public hearing. Ninety-two notices were sent out with no comments were returned prior to August comment deadline, 1 comment was received after the deadline, and a petition opposing the plan signed by 19 Larsen Bay residents was entered into the record during the August 15, 2018 regular meeting. Both the returned notice and petition raised concerns as to whether the community was aware of the potential impact that the proposed plan would have on the area. On August 23, 2018 notice of the October 17, 2018 public hearing and plan was posted on the borough website that included a link to the plan and gave direction and how to submit comments. The posting is still available on the website. Ninety-two notices were mailed on August 24, 2018 with 2 returned; 1 comment supports the update and the 2nd requests certain information that is maintained by the City of Larsen Bay. Staff recommends this be postponed to at least the January regular meeting. Open public hearing: David Harmes, Vice Mayor of the City of Larsen Bay, spoke in support of the Larsen Bay Comp Plan stating a committee of Larsen Bay residents worked most of a year on this update. He said they held public meetings to give input for this update. They worked with the KIB Community Development Department staff to ensure their update meeting the Kodiak Island Borough overall plan and legal criteria. The Larsen Bay City Council voted for this update, that vote is a recommendation that the Kodiak Island Borough accept this update as part of the Kodiak Island Borough Comprehensive Plan. Randy Blondin, opposing this request, stated the cannery just came into compliance after being out of compliance for 100 years. In 2008, 2 lodge owners got together to try and force everyone out, they wanted to come within compliance to rezone so they could try to push everyone else out of the village. They were both approved and when the elders and residents saw what they were doing came up with the Comp Plan that said that everyone that is here needs to stay here. In 2008, we had already been there for eleven years already. A lot of the elders that are deceased now came up with a Comp Plan that says everyone there needs to be there. This new plan, we are still trying to get copies of exactly how people voted on it because people are now saying they were not for it. They supposedly came up with a new plan that wipes all of that out. They lose a lot of credibility. In the new plan, on one side there is one that's zoned Commercial and has never had a client before, he must have been at the meetings and just wanted to be rezoned, and on the other side is a gentleman that's been there for 20 something years and he's afraid to even apply right now. We are on either side of her and the new plan that they are proposing gets rid of the people that have been there for 21 years and the other person has been there longer than we have, but yet for a lady who's never had a client, she's the only one zoned Commercial. As far as he is concerned this whole Comp Plan is garbage. It's not just the map, it's also the language, it promotes things for future use like future generations. He knows 2 different people whose children want to get into lodging, it erases all of that too. The plan before that encouraged future development but they have taken that out also. They need to send this back. As of today, he will give copies of this to the commission, they now have a proposal that supports Legends Lodge Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 4 and a lot of the same names that are in support of rezoning Legends Lodge are the same ones that said they were opposed to it. They say one thing one week and then something different the next week. Blondin gave the clerk copies to hand out to the commissioners. He thanked the commission. Maker wanted to clarify that the petition that is signed by thirty something people in Larsen Bay that supports Kodiak Legends Lodge. It was sent to the assembly in an effort to have them bring the ordinance back up for consideration. Close public hearing: Commission discussion COMMISSIONER TOWNSEND MOVED to postpone indefinitely Case 19-002. ROLL CALL VOTE ON MOTION CARRIED 4-0. The ayes were COMMISSIONERS ARNDT, PAINTER, and TOWNSEND. The noe was COMMISSIONER ALTENHOF. When asked if anyone wished to change their vote, COMMISSIONER ALTENHOF changed his vote to aye. D. CASE 19-003 (Postponed at the September 19, 2018 RM to October 17, 2018 RM). Request a Variance to reduce the off-street parking requirement from 9 spaces to 5 spaces to allow construction of a 500 square foot deck on Lot 16, Block 16, Kodiak Townsite Subdivision that will serve a small-scale brewery on adjacent Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision, and allow for 4 of the 5 spaces to be located on those adjacent lots (KIBC 17.195 and 17.175.040.A). The applicant is Tangible Investments, LLC and the agent is Ben Millstein. The location is the corner of Yukon Street and Mill Bay Road and the zoning is B -Business. Maker stated this was postponed at the September regular meeting and the intent was to give staff additional time to gather additional information with regards to is someone living in the accessory building in the back, and what is the use of the barn or the other accessory building, and to take those uses if they aren't consistent with the brewery use into account for calculating the parking and to also look at the Conex boxes in the back. After the October 171h regular meeting, there was not enough time to take care of the administrative requirements and noticing. COMMISSIONER PAINTER MOVED to postpone Case 19-003 to the December 19, 2018 Planning and Zoning Commission Regular Meeting. Open public hearing: None Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION CARRIED 4-0. OLD BUSINESS A. Case 19-004. Request to Adopt Findings of Fact in support of the Commission's denial of 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. Maker reported this request was denied at the September regular meeting. Staff had recommended approval and provided findings of fact in support of approval. The commission came up with findings of fact in support of the denial. COMMISSIONER TOWNSEND MOVED to adopt the following findings of fact in support of the denial of a request to rezone Lot 26A, U.S. Survey 3098 from R1 -Single -Family Residential District to B -Business District as "Findings of Fact" for Case 19-004. Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 5 Commission discussion COMMISSIONER TOWNSEND MOVED to postpone to the November regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 4-0 B. Case 19-010. Request to adopt Findings of Fact in support of the Commission's decision to deny a Conditional Use Permit to allow establishment of a contaminated soil landfarming site (government maintenance service facility and storage yard) on a portion of Lot 2A, Lakeside Subdivision, Second Addition (KIBC 17.130.030.D and 17.200). The proposed non -incineration site would use a bioremediation process in which stored contaminated soil is periodically turned over or tilled to aerate the mixture until contaminants are removed. The applicant is the Kodiak Island Borough and the agent is Phil Kovacs, Director, Engineering and Facilities Department. The location is 2647 Selief Lane and the zoning is PL -Public Use Lands. Maker reported this request was denied at last month's meeting. Staff recommended approval and provided findings of fact in support of approval. At last week's work session, the commission came up with findings in support of their denial. COMMISSIONER TOWNSEND MOVED to adopt the following findings of fact in support of the denial of a Conditional Use Permit to allow establishment of a contaminated soil landfarming site on a portion of Lot 2A, Lakeside Subdivision, Second Addition as "Findings of Fact" for Case No. 19-010. FINDINGS OF FACT 1. The conditional use will not ensure that the value, spirit, character and integrity of the surrounding area are maintained. 2. This conditional use does not satisfy all requirements of the PL -Public Lands zoning district. 3. Granting the conditional use permit at the proposed site has the potential to be harmful to the public health, safety, convenience, and comfort. 4. The proposed setbacks, lot area, buffers, and other safeguards for the conditional use would not be adequate for a permanent remediation site. 5. The proposed site is not located in a manner which would maximize public benefit. Commission discussion ROLL CALL VOTE ON MOTION CARRIED 4-0. NEW BUSINESS None COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters -September COMMISSIONER PAINTER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • November 14, 2018 Work Session -6:30 p.m. -Borough Conference Room • November 21, 2018 Regular Meeting -6:30 p.m. -Assembly Chambers COMMISSIONER TOWNSEND MOVED to change the meeting schedule to reflect a work session on November 7, 2018 and the regular meeting on November 14, 2018 at 6:30 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 6 B. Minutes of Other Meetings • August 28, 2018 Parks and Recreation Committee Regular Meeting C. Abbreviated & Final Approvals — Subdivisions -September 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 Jack Maker commended Daniel Mckenna-Foster in his Parks and Rec Committee and the Parks and Rec Committee's Recreation Summit coming up this Tuesday. Maker, Mckenna-Foster, Patrick Saltonstall, Ben Millstein went on the Talk of the Rock to discuss the Parks and Recreation Comprehensive Plan Update. Mckenna-Foster utilized Survey Monkey to come up with a survey and he has over one -hundred -fifty responses. Maker thinks he has come up with really solid methods in which we can engage the public and will be using those in other efforts such as planning efforts for Killarney Hills to improving our Capital Improvement Projects process so we can actually solicit input from our public. That meeting is on October 231 and should be interesting. He will be attending along with our GIS Analyst, Janet Day. COMMENTS Dave Townsend stated he's happy the vote went as it did for pretty much everything tonight. It is worth noting thanks to COMMISSIONER PAINTER bringing it up, the expense to create a Comprehensive Plan and for a community that is shrinking, it really doesn't make sense. To do a Comp Plan for a community that is stable and growing that would make perfect sense to revise our Comp Plan but for a community that is shrinking, it just puts more constraints and burden on a community that's already going through a tough time. He believes that we will be looking at several things dealing with the Kodiak Island Borough Code that will help Larsen Bay along with all the other communities throughout the borough regarding zoning. There will be plenty of time for input if communities do have concerns. It is a much more efficient way to clean up any problems that may exist other than trying to do an entire Comp Plan. There are problems with the code and he appreciates that they are looking at it now. We've already fixed the Future Land Use Designation, he thinks that caused more problems than anything else. He thinks that may have spurred the idea of doing a new Comp Plan because it's a real misunderstanding of what the Comp Plan does and having a Future Land Use Designation change, it just sounds like a bigger deal than it is. He hopes the Larsen Bay citizens will understand that there's plenty of opportunity to clean up any issues that may be. Maria Painter said she thinks Larsen Bay is one of the most beautiful communities, she has friends there. She hopes that the folks there are kind of trying to exclude people that maybe they will thing about including because it just makes a nicer community. A little more love and less hate. Scott Arndt said in regards to the Larsen Bay Comp Plan Amendment, it was brought to his attention at an assembly work session that in Larsen Bay there are properties that have been foreclosed on by the borough. People are still living in them and not paying any of the taxes, so they are trying to figure out what to do. Also, there are fishing lodges and B&B's in other villages such as Old Harbor and we don't get any complaints about them. It's been going on for years too. No one has ever come in for a rezone for Old Harbor, but they continue to work together as a community. Larsen Bay has shown over the past 4 years the different factions that depending on which factions that are in control at the time, it just never has gotten along. He agrees with Painter Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 7 about Larsen Bay needs to learn to work together because the community needs the lodges for their tax revenue and utility revenues if they wish to exist at all. ADJOURNMENT CHAIR ARNDT adjourned the meeting at 7:48 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONIf�G COf�JN11SSION By: 5l r u Scott Arndt, Chair ATTEST: By: `. A 12 Sheila Smith, Secretary Community Development Department APPROVED: November 14, 2018 Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2018 Page 8