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2019-05-15 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes May 15, 2019 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER COMMISSIONER TOWNSEND called to order the May 15, 2019 regular meeting of the Planning & Zoning Commission at 6:37 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 Alan Schmitt due to being out of town. Commissioners present were Barry Altenhof, Dave Townsend, Duane Dvorak, and Kent Cross. Excused was Alan Schmitt. COMMISSIONER DVORAK MOVED to excuse Alan Schmitt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Sara Fraser, Sheila Smith, & Erin Welty. APPROVAL OF AGENDA COMMISSIONER ALTENHOF MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER CROSS MOVED to approve the April 17, 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. Mike Martin spoke in favor of larger ADU's. Joe Chaucklin spoke in favor of larger ADU's. Mark Anderson spoke in favor of larger ADU's. Ron Painter spoke in favor of larger ADU's. Louis Rocheleau spoke in favor of larger ADU's. PUBLIC HEARINGS Comments limited to three minutes per speaker. 855-492-9202. Local phone number is 486-3231; Toll Free is 1- A. CASE 19-015 (Postponed at the March 20, 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 Miss on R �atj of Tract C, U.S. Survey 444 (KIBC 17.155.010 and 17.195). The applican is Kodiak Island Borough Planning & Zoning Co mi sionAftu(eE May 15, 2019 Page 1 .7-019 2019 Theological Seminary and the agent is Michael Hoffman. The location is 411 Mission Road, and the zoning is B-Business. COMMISSIONER DVORAK MOVED to postpone Case 19-015 to the June 19, 2019 regular meeting. Fraser stated the requested postponement submitted by the applicant, decided they needed more time for the surveyor to get the commission more accurate drawings. Open public hearing: None Close public hearing: Brief commission discussion ROLL CALL VOTE ON MOTION CARRIED 4-0. B. CASE 19-020. Request a Conditional Use Permit to allow for nonrecreational mineral extraction activities and related structures on C-Conservation zoned land on Sitkinak Island (KIBC 17.50.040 and 17.200). The applicant is Minex International Inc., and the agent is Yoram Palkovitch. The location is T42S R31 — 33W Seward Meridian, Sitkinak Island, and the zoning is C-Conservation COMMISSIONER ALTENHOF MOVED to grant a Conditional Use Permit to allow non- recreational resource mineral extraction activities (mining) and related structures on C- Conservation zoned land on Sitkinak Island (KIBC 17.200 and 17.50.040.E), subject to 4 conditions of approval and to adopt the findings of fact listen in the staff report dated May 5, 2019 and entered into the record as "Findings of Fact" for Case No. 19-020. Fraser stated Conditional Use Permits have been issued for this location and this applicant several times in the past by the Community Development Department. This application is different from the others in that the applicant got an extension from the State of Alaska for his prior authorization so his mining permit that was associated with his CUP in 2014 was extended, he didn't apply for a new one. All of the information from the 2014 CUP in terms of where the claim sites are and the equipment he's using, the quantities of material he plans on excavating, all of those are the same as they were in 2014. You have all the information from the staff report to the CUP in 2014, and all the original application material for permit # 5006 which is the permit that's been extended until 2023. Open public hearing: None Close public hearing: During commission discussion, COMMISSIONER CROSS expressed concern that no one from the borough has visited that site. COMMISSIONER DVORAK MOVED TO AMEND the motion to add Condition 5 that this Conditional Use Permit must be in compliance with all Federal, State, and local requirements. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-0. ROLL CALL VOTE ON MOTION AS AMENDED FAILED 1-3. The noes were COMMISSIONER CROSS. The ayes were COMMISSIONERS ALTENHOF, TOWNSEND, and DVORAK. C. CASE S19-009. Request preliminary approval of the replat of Lots 12 through 34, Cliff Point Estates Oceanfront Addition No. 2., creating Lots 1 through 6, Block 1, Lots 1 through 13, Block 2, Lots 1 through 9, Block 3, Lots 1 through 11, Block 4, Lots 1 through 5, Block 5, Lots 1 through 5, Block 6, and Lots 1 through 10, Block 7, Cliff Point Estates Oceanfront Addition No. 3 (KIBC 16.40). The applicant is Oceanfront Kodiak, LLC, and the agent is Mark Anderson. The location is Cliff Point, Milepost 14 Chiniak Highway, and the zoning is RR2-Rural Residential Two. Kodiak Island Borough Planning & Zoning Commission Minutes May 15, 2019 Page 2 COMMISSIONER DVORAK MOVED to grant preliminary approval, per KIBC 16.40, of the replat of Lots 12 through 34, Cliff Point Estates Oceanfront Addition No. 2., creating Lots 1 through 5, Tract G, Lots 1 through 6, Tract H, Lots 1 through 5, Tract I, Lots 1 through 11, Tract J, Lots 1 through 9, Tract K, and Tracts D, E, and F, Cliff Point Estates Oceanfront Addition No. 3, subject to 2 conditions of approval, and to adopt the findings in the staff report dated May 13, 2019 and entered into the record for this case as "Findings of Fact" for case S19-009. Fraser stated Cliff Point subdivision and its entirety of Cliff Point Estates was rezoned in April from Conservation to Rural Residential Two with a lot size requirement of 2 acres. What you have now is reflective of the zoning change. The applicant's original application had more lots than the recently proposed plats. The motion made by Mr. Dvorak is to reflect a smaller number of lots so the original application had only one remainder tract. Two other blocks have been reverted to acreage. There are now 3 larger tracts, Tracts D, E, and F. Open public hearing: Joe Chauctlin, agent, spoke in support of the request. Close public hearing: Commission discussion CONDITIONS OF APPROVAL 1. Tracts G, H, I, J, and K shall be depicted as numbered blocks on the Final Plat. 2. The Cliff Point Road private road and utility easement must comply with the provisions of KIBC 16.40.080 (Private Roads). All covenants required by that code shall be depicted on the Final Plat. FINDINGS OF FACT 1. This plat meets the minimum data and design requirements of Chapter 16.40 (Preliminary Plat) of the Borough code. 2. This plat meets the requirements of Title 17 (Zoning) of the Borough code. 3. This plat provides a subdivision of land that is consistent with the adopted Borough plans. 4. The adopted conditions of approval will assist in ensuring that the Final Plat meets the standards of Titles 16 (Subdivision) of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED 4-0. D. CASE S19-010. Request preliminary approval of the subdivision of previously unsurveyed tidelands, creating Alaska Tideland Survey No. 1701 (KIBC 16.40). The applicant is the City of Port Lions, and the agent is Karl. Woods. The location is protracted Sections 4 and 5, T27S R22W Seward Meridian (Port Lions City Dock.) COMMISSIONER DVORAK MOVED to grant preliminary approval, per KIBC 16.40, of the subdivision of previously unsurveyed tidelands, creating Alaska Tideland Survey No. 1701 and to adopt the findings in the staff report dated May 6, 2019 and entered into the record for this case as "Findings of Fact" for case S19-010. Fraser stated this has already went through a rigorous review by the State. The reason for the development of this subdivision is because the City of Port Lions new dock has been a good thing for their community. Since it extends out into State waters they have to have the State permits and there has to be a boundary. The Division of Mining, Land, and Water has already performed a thorough review of their request. Staff recommends approval of this request. Open public hearing: None Close public hearing: Commission discussion Kodiak Island Borough Planning & Zoning Commission Minutes May 15, 2019 Page 3 FINDINGS OF FACT 1. This plat meets the minimum data and design requirements of Chapter 16.40 (Preliminary Plat) of the Borough code. 2. This plat meets the State of Alaska's relevant survey requirements. 3. This plat provides a subdivision of land that is consistent with the adopted Borough plans. ROLL CALL VOTE ON MOTION CARRIED 4-0. E. CASE 19-021. Request an ordinance amending various chapters of KIBC Title 16 (Subdivisions) to address issues such as necessary updates, errors and omissions, procedural clarification, and expanded development options. The applicant is the Kodiak Island Borough, and the agent is the Community Development Department. The location is N/A and the zoning is N/A. COMMISSIONER DVORAK MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Title 16 (Subdivision), and to adopt the findings of fact in the staff report dated May 5, 2019 as "Findings of Fact" for Case 19-021. Fraser stated the commission has been discussing these proposed changes to Title 16 since late 2018. The staff indicates 5 work sessions but it is 4 work sessions since we didn't have a quorum for the last week. She did a brief overview on the proposed changes. Open public hearing: Joe Chauctlin spoke in support of a bonding aspect. Mark Anderson spoke of bonding. Scott Arndt spoke in support of postponing this case again for additional input, and he's in favor of reducing the abbreviated plat procedure from 4 lots to 2 lots. Close public hearing: Commission discussion COMMISSIONER DVORAK MOVED to postpone until the June 19, 2019 regular meeting. ROLL CALL VOTE ON MOTION CARRIED 4-0. OLD BUSINESS NEW BUSINESS A. Case 19-019. A Site Plan Review, per KIBC 17.85.080, to review the design of a proposed multi -family residential development consisting of 20 townhouse style dwelling units on Lot 2, Golotov Subdivision (511 Carroll Way). The applicant is Swell, LLC, and the agent is Glenn Gellert. The location is 511 Carroll Way, and the zoning is R3-Mult-family Residential. COMMISSIONER DVORAK MOVED to approve the site plan for a proposed multi -family residential development consisting of 20 townhouse style dwelling units on Lot 2, Golotov Subdivision, and to adopt the findings listed in the staff report dated April 18, 2019 as "Findings of Fact" for Case No 19-019. Fraser stated this lot has been zoned R3 for many decades, and is located across from several multi -family buildings, and is adjacent to another site that Swell, LLC is building townhomes. We looked at all the requirements, and parking exceeds the required parking. The site plan has been provided, and staff recommends approval of this request. Discussion COMMISSIONER CROSS asked the applicant's who was going to enforce tenants parking in the garages. John McGrew, one of the agents, said they will have a property manager and it will be in the lease that tenants are required to park in the garage. Kodiak Island Borough Planning & Zoning Commission Minutes May 15, 2019 Page 4 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 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 CARRIED 4-0 COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters COMMISSIONER DVORAK MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • June 12, 2019 Work Session -6:30 p.m. -Borough Conference Room • June 19, 2019 Regular Meeting -6:30 p.m. -Assembly Chambers COMMISSIONER ALTENHOF 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. Mark Anderson thanked Fraser for her work. It has been a pleasure. Mike Martin stated he talked about ADU's from a business perspective and when Ron Painter spoke about his nana coming here, it got him thinking about his 85 year old grandmother that he promised her that she would always be taken care of and would be able to stay in her house until she passed away. Fortunately, her home was big enough to support the staff of 2 people for 24 hour care. In thinking of other people's situations, we want our Kodiak elderly to have that kind of support. If his grandmother would have had an ADU with 2 rooms with their own bathrooms, it would make things much easier. Martin thanked Fraser. STAFF COMMENTS Sara Fraser said that Erin Welty is our new planner. This is Fraser's last meeting. She said she will most likely be coming back on a part time basis temporary term not to leave Welty by herself because she knows what it feels like to be all by yourself. We are going in the right direction and she feels good about the recruitment for the associate planner for Mckenna-Foster's position. She talked to Manager Powers today about the recruitment for the Director position. He's feeling confident about that as well. COMMISSIONER COMMENTS Duane Dvorak thanked Fraser for her contributions to the community. He also welcomed Welty and he looks forward to working with her. In regard to the comments this evening, he does feel Kodiak Island Borough Planning & Zoning Commission Minutes May 15, 2019 Page 5 we need to review the ADU's again. He doesn't know if they are waiting for the assembly to direct them to do something or if we need to kick this off on our own. At some point, between economic feasabilty and when is a dwelling unit no longer accessory, you are really doubling up the density, is a line we are going to need to discuss. Kent Cross said his wife gets the magazine called Fine Home Building that have ADU's in the publication. He noticed that they are all in the 650 sq. ft. range so it tells him that around the rest of the country 480 sq. feet is not a workable solution. Cross thanked Fraser. Barry Altenhof welcomed Welty and thanked Fraser. As far as ADU's go, it makes sense on a much larger lot that an ADU not be restricted to a one size fit all square footage so a percentage of square footage or range of percents may be more appropriate. Dave Townsend welcomed Welty, he's looking forward to working with her. He feels we need to put ADU's on a work session item. ADJOURNMENT COMMISSIONER CROSS MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TOWNSEND adjourned the meeting at 8:35 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION sem' Dave Townsend, Chair ATTEST: By: VIC`A-�PiQg Sheila Smith, Secre ary APPROVED: June 19, 2019 Kodiak Island Borough Planning & Zoning Commission Minutes May 15, 2019 Page 6