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2019-03-20 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular'Meeting,pR ) 9 2019 Minutes March 20, 2019 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER _ COMMISSIONER TOWNSEND called to order the March 20, 2019 regular meeting of the Planning & Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE COMMISSIONER TOWNSEND 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 was Barry Altenhof and Chris Hatch due to being out of town. Commissioners present were Dave Townsend, Duane Dvorak, Alan Schmittt, and Kent Cross. Excused was Barry Altenhof and Chris Hatch. A quorum was established. COMMISSIONER DVORAK MOVED to excuse Barry Altenhof and Chris Hatch. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Sara Fraser and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER DVORAK MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER DVORAK MOVED to approve the February 20, 2019 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. CASE 19-015 (Postponed at the January 16, 2019 Regular Meeting). Request a variance to allow reconstruction of a seminary office and assembly hall building to include the construction of additions that will encroach up to 15 feet into the required 40 -foot setback from the Centerline of the Mission Road platted right-of-way on the Mission Road Portion of Tract C, U.S. Survey 444 (KIBC 17.155.010 and 17.195). The applicant is St. Herman's Theological Seminary and the agent is Michael Hoffman. The location is 413 Mission Road and the zoning is B -Business. Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2019 Page 1 Motion on the floor from the January 16, 2019 regular meeting: COMMISSIONER SCHMITT MOVED to grant a variance to allow reconstruction of a seminary office and assembly hall building to include the construction of additions that will encroach up to 15 feet into the required 40 foot setback from the Centerline of the Mission Road platted right-of- way on the Mission Road Portion of Tract C, U.S. Survey 444, and to adopt the findings of fact listed in the staff report dated January 3, 2019 (KIBC 17.195). COMMISSIONER DVORAK SECONDED the motion. FINDINGS OF FACT (In support of motion on the floor) 1. There are exceptional limitations which apply to this property such as steep and irregular slopes and lot widths that vary between around 30 to over 80 feet which do not apply generally to other properties in the same land use district. 2. Strict application of the provisions of this title would result in practical difficulties or unnecessary hardship for the property owner by disallowing use of the limited buildable area of this lot. 3. The proposed development will be appropriate for its context in this historic area, and is consistent with the existing development and character of the surrounding neighborhood. 4. Due to siting the proposed structure in a way that will minimize visibility conflicts and the associated clearing of existing foliage located in the line of sight of the Mission Road/Erskine Avenue intersection, the granting of this 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. 5. Granting of the variance will promote several of the land use and economic goals, policies, and implementation actions of the comprehensive plan. 6. The applicant did not cause the special conditions such as a limited buildable area on the lot from which relief is being sought. 7. Offices and assembly halls are permitted uses in the B -Business district and granting the variance will not permit a prohibited use in that district. Director Fraser stated she did not make any updates or provide any additional supplemental staff reports since last week. She had a conversation with the agent and the seminary is willing to look at different options. Open public hearing: Michael Hoffman, agent, spoke in support of the request stating he would like to postpone for 2 months to work out the details of their plan. Bill Oliver spoke in opposition to the request. Close public hearing: Commission discussion COMMISSIONER DVORAK MOVED to postpone Case 19-015 for 2 months until the May regular meeting. ROLL CALL VOTE ON MOTION CARRIED 4-0. CASE 19-018. Request a Conditional Use Permit to allow a detached accessory dwelling unit in the RR1-Rural Residential One District on Lot 4B, Block 7, Bells Flats Subdivision (KIBC 17.70.030 & 17.160.070.C). The applicants are Peter Cummiskey & Heather Preece. The location is 11513 Middle Bay Drive and the zoning is RR1-Rural Residential One. COMMISSIONER DVORAK MOVED to grant a Conditional Use Permit to allow a detached accessory dwelling unit in the RR1-Rural Residential One District on Lot 4B, Block 7, Bells Flats Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2019 Page 2 Alaska Subdivision, and adopt the findings of fact for Case 19-018 listed in the staff report dated March 6, 2019. Director Fraser stated this request is to convert an existing accessory building into a detached accessory dwelling unit. The house and the detached garage/shop has been on this lot for the last thirty years. The current owners would like to build the ADU to live in and rent out their house. Staff determined it is in character with what is in the Bells Flats neighborhood, and it meets the goals and objectives of the KIB Comp Plan and the Womens Bay Comp Plan. Staff recommends Open public hearing: Pete Cummiskey, applicant, spoke in favor of the request. Close public hearing: Commission discussion FINDINGS OF FACT 1. Detached accessory dwelling units are a conditional use in the RR1-Rural Residential One zoning district. 2. This conditional use meets the intent of the RR1 — Rural Residential One district and results in virtually no physical changes to the property; preserving the value, spirit, character and integrity of the surrounding area. 3. This conditional use fulfills all requirements of KIBC 17.200 (Conditional Use Permits). 4. Granting this conditional use will not result in any material changes to the property in question and the garage/shop conversion to an ADU will have no negative impacts to properties nearby. Thus, it will not be harmful to the public health, safety, convenience and comfort. 5. The proposed use and development fulfill all requirements for setbacks, lot area, buffers and other safeguards identified in KIBC 17.70 (RR1 — Rural Residential One District). 6. This Conditional Use Permit is not being used for a public use or structure. ROLL CALL VOTE ON MOTION CARRIED 4-0. OLD BUSINESS A. CASE 19-016. Adopt Findings of Fact in support of the commission's denial of a Title 18 Land Disposal review to consider disposal of a t 1.75 -acre portion of Lot 1, U.S. Survey 3467 and an adjoining ± 2.95 -acre portion of U.S. Survey 3468 (Chapter 18.20 KIBC). The intent of this request is to accommodate the subdivision of the subject land into residentially zoned lots that will be offered for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is Borough Resource Management Officer. The location of subject property fronts the 2000 Block of Beaver Lake Drive and the 1900 Block of Selief Lane (no address assigned). The zoning is NU -Natural Use. COMMISSIONER DVORAK MOVED to adopt the findings of fact listed in the supplemental staff report dated March 7, 2019 and entered into the record for Case No. 19-016 as "Findings of Fact" supporting the denial of this land disposal request. Director Fraser stated last month the commission failed the motion to recommend disposal of the parcel which meant the commission was in favor of retaining the parcel. In those cases where staff recommends that a motion be failed, the findings of fact don't get bundled in the motion and subsequently, those findings were not adopted last month. This is under Old Business because it has already had a public hearing and the decision was already made. After the last meeting, it was brought to her attention that the draft resolutions that go along with this case were not in the case packets. Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2019 Page 3 COMMISSIONER SCHMITT MOVED to amend the findings of fact specifically finding #2 to add a sentence, recreational use is a recognized use of this land and natural use zoning is the appropriate zone for recreational use, just because land is vacant doesn't necessarily mean that it is not being used or that it is surplus to the public's need, and then to add finding #4. Development adjacent to the anadromous lakeshore and urban density could increase runoff and potentially degrade the habitat value of the lake. Commission discussion FINDINGS OF FACT 1. While the Borough has a yet unquantified housing need, the benefits of this disposal request do not outweigh the benefits currently experienced by the public with the property's current designation as Open Space/Recreation. 2. A recent survey by the Parks & Recreation Committee indicated that recreational areas are a priority for citizens of Kodiak, and the 2008 Comprehensive Plan supports preserving these parcels for public use. Recreational use is a recognized use of this land and natural use zoning is the appropriate zone for recreational use, just because land is vacant doesn't necessarily mean that it is not being used or that it is surplus to the public's need. 3. Disposal of this property would not serve the public interest. 4. Development adjacent to the anadromous lakeshore and urban density could increase runoff and potentially degrade the habitat value of the lake. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-0 ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-0 NEW BUSINESS COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters • February Case Results Letters COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • April 10, 2019 Planning Conference Room • April 17, 2019 Planning Chambers B. Minutes of Other Meetings and Zoning Commission Work Session -6:30 p.m. -Borough and Zoning Commission Regular Meeting -6:30 p.m. -Assembly • December 11, 2018 & January 22, 2019 Regular Meetings of Parks and Recreation Committee COMMISSIONER DVORAK 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. STAFF COMMENTS Fraser stated we have a new planner starting on April 17th, dependent on the ferry schedule and Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2019 Page 4 weather. The Cliff Point rezone is on the assembly agenda as an ordinance for introduction tomorrow night. Chris Hatch gave us his formal resignation, he is vacating his seat on the Planning and Zoning Commission. She's hopeful that the assembly will have a new draft ADU ordinance to consider soon. COMMISSIONER COMMENTS Duane Dvorak stated he would encourage the expeditious submittal of the ADU amendment language. Beyond the square footage, he would hope that we can look at the status of ADU's in, for example, the RR1 zone as a conditional use as opposed to permitted use, that kind of thing. He'd like to see a more comprehensive review of that. Kent Cross stated he agreed with Dvorak. At last week's work session and while reading through everything afterwards he felt like we've ripped of Mr. Cummiskey and Ms. Preece for $250 for something they shouldn't have needed. On the seminary case, everyone wants to see something happen to that property and he agrees with Mr. Oliver's comments. There wasn't a very solid plan and when Cross thought there was going to be some substantially new information but there wasn't. If we had to vote on this, he would have voted no based on the 15 -foot encroachment into the setback. He and his wife lived in the apartments above it for about a year. It is an eyesore and it has a treacherous intersection there. Dave Townsend agreed with Mr. Dvorak and he hopes we don't have the kind of turnout against the ADU's. He hopes it moves through without any issues. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION COMMISSIONER TOWNSEND adjourned the meeting at 7:17 p.m KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: ,X1 Dave Townsend, Chair ATTEST: By: ��Ich l'�FX1l Sheila Smith, Secretary Community Development Department APPROVED: April 17, 2019 Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2019 Page 5