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2018-12-19 Regular Meeting_ _ r Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes JAN 2 9 2019 December 19, 2018 Regular Meeting 6:30 pm -Assembly Chambers CALL TO ORDER VICE CHAIR ALTENHOF called to order the December 19, 2019 regular meeting of the Planning & Zoning Commission at 6:30 p.m. in the Assembly Chambers. PLEDGE OF ALLEGIANCE VICE CHAIR ALTENHOF led the pledge of allegiance. ROLL CALL Commissioners present were Barry Altenhof, Maria Painter, Chris Hatch, Dave Townsend, and Duane Dvorak. A quorum was established. Community Development Department staff present was Sara Fraser, 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 November 14, 2018 regular meeting 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. Scott Arndt stated it was a pleasure working with the commissioners and he looks forward to working with them from the Assembly. He thanked the commission for their time. Merry Christmas! PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. A) CASE 19-003. 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). Sheila Smith stated there is a motion on the floor and read it and the findings of fact (supporting motion on the floor) into the record. Motion on the floor from September 19, 2018 RM: COMMISSIONER ALTENHOF MOVED to grant a variance, per KIBC 17.175.040.A and 17.195, 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, and to adopt the findings of fact listed in the staff report dated September 6, 2018 as "Findings of Fact" for Case No. 19-003. Kodiak Island Borough Planning & Zoning Commission Minutes December 19, 2018 Page 1 COMMISSIONER HATCH SECONDED the motion. Director Fraser stated this case has been postponed a couple of times; once for administrative reasons and originally so staff could get additional information on the other structures on the parcel. The first one is the 50' x20' accessory building on the side of the brewery building called the barn and the (inaudible) structure is currently used for storage that are used to maintain the brewery. The second structure is a 30' x 17' accessory building located just behind the main brewery building and he stated this was used as storage by other folks who maintain the brewery and occasionally is used for sleeping purposes. Staff recommends a condition that prior to issuance of zoning compliance for the proposed deck, the accessory building will cease to be used for sleeping purposes. The third structure is a 20' connex in the rear of the property that is being used as an accessory building, but it turned out that it does need to be moved so that parking spaces 34 through 36 and the loading space which is space 37 on the parking plan that those spaces be unimpeded. Open public hearing: None Close public hearing: Commission discussion COMMISSIONER DVORAK MOVED TO AMEND Finding #1 to say "Small scale brewing is not a permitted use in B-Business zone and is permitted under a similar use determination, and the corresponding parking calculations are a complex combination of several other discrete parking standards which does not generally apply to other permitted uses in the zone" and amending #2 saying "The strict application of the code is not warranted in this case due to the deminomus nature of the proposed deck to be constructed on public land under an ROW encroachment permit, said permit granted non-exclusive use and revocable within a 30 day notice. The deck will only be used occasionally and will not be covered and enclosed, similar to public sidewalk improvements." ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF, PAINER, TOWNSEND, AND DVORAK. The noe was COMMISSIONER HATCH. COMMISSIONER PAINTER MOVED to amend by inserting "subject to two (2) conditions of approval" between "adjacent lots" and "and to adopt the findings of fact". ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. COMMISSIONER TOWNSEND MOVED to amend by striking "staff report dated September 6, 2018" and inserting "supplemental staff report dated December 6, 2018" in its place. CONDITIONS OF APPROVAL 1. Prior to issuance of zoning compliance for the proposed deck, the approximate 33' x 17' accessory building located behind the main brewery building shall cease to be used for sleeping purposes. All future use of the structure shall be within the scope on an accessory building as defined by KIBC 17.175.040 unless the structure is legally converted to another permitted use. 2. Prior to issuance of zoning compliance for the proposed deck, the 20' storage container (accessory building) located at the rear of Lot 17B shall be removed or relocated in a manner that accommodates the configuration of parking spaces identified in the provided parking plan. Zoning compliance shall be obtained for any such removal or relocation. FINDINGS OF FACT 1. Small scale brewing is not a permitted use in B-Business zone and is permitted under a similar use determination, and the corresponding parking calculations are a complex combination of several other discrete parking standards which does not generally apply to other permitted uses in the zone. Kodiak Island Borough Planning & Zoning Commission Minutes December 19, 2018 Page 2 2.The strict application of the code is not warranted in this case due to the deminomus nature of the proposed deck to be constructed on public land under an ROW encroachment permit, said permit granted non-exclusive use and revocable within a 30 -day notice. The deck will only be used occasionally and will not be covered and enclosed, similar to public sidewalk improvements. 3. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. The proposed deck will be constructed to meet the requirements of the adopted Building Code. There are ample public off-street parking areas that are capable of accommodating any overflow parking needs that may result from the proposed deck. In addition, the likely increase in foot traffic between the brewery and those parking areas has the potential to benefit other nearby businesses. 4. The granting of the variance is consistent with various land use and economic goals, policies, and implementation actions listed in the adopted Comprehensive Plan, particularly those that recommend support of downtown businesses and revitalization of the downtown area. 5. The actions of the applicant did not cause the special conditions from which relief is being sought. Those conditions are the result of changes in off-street parking requirements that have occurred since the construction of the building that the proposed deck will serve. 6. The conditions of approval will ensure that the granting of this variance will not permit a prohibited land use in the B -Business district. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF, PAINTER, HATCH, AND DVORAK. The noe was COMMISSIONER TOWNSEND. B. CASE 19-012. Request a variance to allow construction of an approximate 30' x 40' detached garage that will encroach 10' into the required 15' side yard setbacks along the northwest and northeast side lot lines of Lot 3B, Block 3, Woodland Acres Subdivision, Second Addition (KIBC 17.205). COMMISSIONER TOWNSEND MOVED to postpone Case 19-012 to the January 16, 2019 P&Z Regular Meeting. Mckenna-Foster stated in reviewing this case it was determined that there is an existing shipping container on the property which uses some of the 5% maximum allowed lot coverage in the RR - Rural Residential district. Staff recommends that the variance request language be updated reflect to include this non -conformity and be re -advertised. Open public hearing: None Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION CARRIED 5-0. OLD BUSINESS A. Case 19-004 (Postponed at the November 14, 2018 regular meeting). 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. Motion on the floor made at the October 17, 2018 RM: 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 December 19, 2018 Page 3 The motion was SECONDED by COMMISSIONER ALTENHOF Discussion FINDINGS OF FACT 1. Although the subject parcel is adjacent to properties zoned B -Business, it is also adjacent to properties zoned R1 -Single -Family residential. Accordingly, the rezone would not enhance public necessity, convenience, general welfare or good zoning practices. 2. The rezone would not implement enough objectives of the adopted Comprehensive Plan to overcome the noted inconsistency with the assigned Residential Comprehensive Plan Future Land Use Designation. 3. The rezone would not maximize compatibility of adjacent land uses or minimize conflicts through zoning, buffering, design standards and other means. 4. The Planning and Zoning Commission recommends denial of this rezone. ROLL CALL VOTE CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF, HATCH, TOWNSEND, and DVORAK. The noe was COMMISSIONER PAINTER. NEW BUSINESS A. Planning and Zoning Commission Appointments to the Borough Lands Committee — One Borough Representative and One City Representative Discussion COMMISSIONER TOWNSEND MOVED to appoint COMMISSIONER ALTENHOF as city rep on the Borough Lands Committee. ROLL CALL VOTE ON MOTION CARRIED 5-0. COMMISSIONER PAINTER MOVED to appoint COMMISSIONER TOWNSEND as the borough rep on the Borough Lands Committee ROLL CALL VOTE ON MOTION CARRIED 5-0. COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters COMMISSIONER PAINTER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • January 9, 2019 Planning and Zoning Commission Work Session -6:30 p.m. -Borough Conference Room • January 16, 2019 Planning and Zoning Commission Regular Meeting -6:30 p.m.-KIB Conference Room B. Abbreviated & Final Approvals — Subdivisions COMMISSIONER HATCH 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 Director Fraser stated for the Brownfield Grant that the borough received, area wide planning Kodiak Island Borough Planning & Zoning Commission Minutes December 19, 2018 Page 4 allowable under that grant. We tossed around ideas. (inaudible). Daniel Mckenna-Foster stated for the area wide planning project, the assembly (inaudible). The assembly was supportive and sounded excited about it. We just wanted to make sure P&Z was aware of that. COMMISSIONER COMMENTS Dave Townsend said he's sorry Maria Painter will not continue to be a commissioner. (Inaudible) Chris Hatch said welcomed Duane Dvorak to the commission, and (inaudible) congratulated (inaudible) that just came back from Big Lake. He wished everyone happy holidays! Barry Altenhof said (inaudible) to both Maria Painter and Scott Arndt because they have been a big help to him. Scott and Maria have given a lot of their time for a good reason, and he thanked them. Duane Dvorak said he's happy to be here on the commission. He said it's a different perspective and he (inaudible). Maria Painter thanked everyone for allowing her to serve on the commission for a little more than 5 years, she's learned so much and it's been great working with everyone. She enjoyed the challenge and it's been a lot of fun. ADJOURNMENT COMMISSIONER HATCH MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UANIMOUSLY VICE -CHAIR ALTENHOF adjourned the meeting at 7:27 p.m. KODIAK ISLAND BOROUGH PLANNING &ND ZONING COMMISSION By: Ba Altenhof, Vice lir ATTEST: By: L�kU;) a Z Sheila Smith, Secretary Community Development Department APPROVED: January 16, 2019 Kodiak Island Borough Planning & Zoning Commission Minutes December 19, 2018 Page 5