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2019-06-19 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes June 19, 2019 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER COMMISSIONER TOWNSEND called to order the June 19, 2019 regular meeting of the Planning & Zoning Commission at 6:30 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 wereBarry Altenhof, Dave Townsend, Duane Dvorak,m Kent Cross, and Joseph Delgado. Excused was Alan Schmitt. A quorum was established. COMMISSIONER DVORAK MOVED to excuse Alan Schmitt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Acting Director Erin Welty 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 May 15, 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. Scott Arndt spoke in support of the ADU proposal that's going before the assembly. 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 19-022. Request a Conditional Use Permit to allow a bed & breakfast with up to two guest rooms in the R1 -Single -Family Residential District on Lot 4, Block 2, Island Lake Subdivision (KIBC 17.75.030.0 and 17.200). The applicant is Arthur Zimmer and the agents are Brian & Melissa Mayberry. The location is 3231 Ptarmigan Pass Street and the zoning is R1 -Single-family Residential. COMMISSIONER DVORAK MOVED to grant a Conditional Use Permit to allow a bed & breakfast with up to two guest rooms in the R1 -Single -Family Residential District on Lot 4, Block 2, Island Lake Subdivision, subject to 2 conditions of approval and to adopt the findings of fact for Case 19-022 listed in the staff report dated June 3, 2019. Kodiak Island Borough Planning & Zoning Commission Minutes June 19, 2019 Page 1 Acting Director Welty reported fifty-three notices were sent out and no comments were returned. This is a historical non -conforming duplex and the Conditional Use Permit would bring this property into conformance with the code. The area is a mix of R1, R2, and Business. Staff feels this request satisfies the intent of the R1 -Single-family District and is consistent with the 2008 Comp Plan and it meets all necessary conditions to grant a conditional use permit with 2 Conditions of Approval. Open public hearing: Scott Arndt, Service Area District 1 Chair, stated this was an illegal duplex to begin with, and he doesn't agree that it's historical because it's illegal. Ptarmigan Pass, on the hill, the lots on the first part of Ptarmigan are zoned Business. When you look on Arctic Tern, those are zoned R2. The biggest problem the service district has for parking is Ptarmigan Pass in this area and we can't get in there with the graders because people are parking in the road right-of-way, which is only 40 feet wide and it creates problems. Last night when he looked at this area, there were 5 vehciles parked there. He suggested the parking pad be extended inward, remove a tree, and put in a partial retaining wall to accommodate it, but we have to get the vehicles off the road. Brian Mayberry stated he rents this property and is a tenant. Parking hasn't been an issue for us. We do have neighbors who park on the street but we have no control over the neighbors. He said we make a point of not parking on the road. When we do have a guest and there is limited parking, we have them park up the street on another property. Being a duplex, it has been out of service for over a year now, it has not been rented out. We've been in compliance, we took out the stove and followed the regulations. Close public hearing: Commission discussion COMMISSIONER DVORAK MOVED TO AMEND the motion to add Condition #3 to require Case 19-022 to return to P&Z for review in 24 months to review parking compliance. CONDITIONS OF APPROVAL 1. A certificate of registration for the transient accommodation tax (KIB 3.55.080) must shall be provide to the community development department prior to the issuance of zoning compliance. 2. Any and all unpermitted and non -conforming uses of the property (ie. Use as a duplex) must cease operation prior to the issuance of zoning compliance. 3. Case 19-022 is required to return to the Planning & Zoning Commission for review in 24 months to review parking compliance. FINDINGS OF FACT 1. Bed and Breakfasts are a conditional use in the R1 -Single Family Residential zoning district. 2. This conditional use meets the intent of the R1 — Single Family Residential 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. Thus, it will not be harmful to the public health, safety, convenience and comfort. 5. The proposed use and development fulfills 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 TO AMEND CARRIED 5-0. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-0. B. CASE 19-023. Request a Variance to allow a detached accessory dwelling unit to exceed the 480 square foot size limitation by 140 square feet on Lot 2, U.S. Survey 3473 Kodiak Island Borough Planning & Zoning Commission Minutes June 19, 2019 Page 2 Pony Lake (KIBC 17.160.070.13 and 17.195). The applicants are R. Scott & Theresa Bonney. The location is 41806 Chiniak Highway and the zoning is C-Conservation. COMMISSIONER DVORAK MOVED grant a variance to allow a detached accessory dwelling unit to exceed the 480 square foot size limitation by 140 square foot on Lot 2, U.S. Survey 3473 Pony Lake (KIBC 17.195) and to adopt the findings of fact listed in the staff report dated June 3, 2019 for Case No. 19-023. Welty reported 5 notices were sent out with one returned in favor of the request. The 2008 Comp Plan proposes this to be a rural residential zone. All of the lots in this area are large lots for this subdivision, most of them are 2 acres and larger. Staff determined this request meets all the conditions necessary and recommends approval. Open public hearing: Scott Arndt spoke in support of the request. Close public hearing: Commission discussion-Amendments may be offered at this time. FINDINGS OF FACT 1. Strict application of the provisions of this title would result in practical difficulties or unnecessary hardship for the property owner by requiring potentially expensive modifications to the existing structure. 2. Due to its similarity to the siting and development style of neighboring properties, the proposed development is consistent with the existing development and character of the surrounding neighborhood and the granting of this variance will not result in material damage or prejudice to other properties in the vicinity 3. Granting of the variance is supported by several housing and land use goals and objectives of the comprehensive plan. 4. The applicant did not cause the special conditions from which relief is being sought. 5. Accessory Dwelling Units are a permitted use in the C-Conservation District. ROLL CALL VOTE ON MOTION CARRIED 5-0. C. CASE 19-026. Request a variance to allow a detached accessory dwelling unit to exceed the 480 square foot size limitation by 220 square feet on Lot 46, Block 7, Bells Flats Subdivision (KIBC 17.160.070.13 and 17.195). The applicants are Peter Cummiskey & Heather Preece. The lication is 11513 Middle Bay Drive and the zoning is RR1-Rural Residential One. COMMISSIONER ALTENHOF MOVED to grant a variance to allow a detached accessory dwelling unit to exceed the 480 square foot size limitation by 220 square feet on Lot 4B, Block 7, Bells Flats Subdivision (KIBC 17.195) and to adopt the findings of fact listed in the staff report dated June 3, 2019 for Case 19-026. Welty reported ninety-two notices were sent out and 2 were returned in favor of the request. This is a large lot zoned RR1. It is almost 3 acres. Originally, the plan was slightly smaller but it still exceeded the maximum of 480 sq. feet. Some of the difference in the calculations now are due to determinations by the Building Officials. This structure is unique in the sloped barn roof and some of the lower area where cabinets and appliances would site had not been calculated into the living area but the Building Officials consider that living space, which brings the square footage up to a higher number even though it is still essentially the same floor plan. Staff believes this meets all the conditions to grant a variance and recommends approval. Open public hearing: Heather Preece, applicant, spoke in support of the request Kodiak Island Borough Planning & Zoning Commission Minutes June 19, 2019 Page 3 Scott Arndt stated as COMMISSIONER CROSS mentioned that he thought it was unfair that they had to pay for the conditional use, he also feels it was unfair. In the ordinance change, that is removed, it's a permitted use so it doesn't happen again. He would like to see the applicant be refunded. Close public hearing: COMMISSIONER CROSS MOVED TO AMEND the motion that the applicant's second fee that they had to pay be refunded. Commission discussion regarding refunding the applicant's fee, the conditional use, the variance, the code, and being a good case study. FINDINGS OF FACT 1. Strict application of the provisions of this title would result in practical difficulties or unnecessary hardship for the property owner by limiting the ADU living space. 2. Due to its similarity to the siting and development style of neighboring properties, the proposed development is consistent with the existing development and character of the surrounding neighborhood and the granting of this variance will not result in material damage or prejudice to other properties in the vicinity 3. Granting of the variance is supported by several housing and land use goals and objectives of the comprehensive plan. 4. The applicant did not cause the special conditions from which relief is being sought. 5. Accessory Dwelling Units are a conditional use in the RR1 — Rural Residential One district and granting the variance will not permit a prohibited use in that district. ROLL CALL VOTE ON MOTION TO AMEND FAILED 5-0. ROLL CALL VOTE ON MAIN MOTION CARRIED 5-0. D. CASE 19-015 (Postponed at the May 15, 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 411 Mission Road and the zoning is B -Business. The applicant has withdrawn the request. No action taken. Welty reported the applicant has withdrawn the request and has submitted a new application since the plans have changed. E. CASE 19-021 (Postponed at the May 15, 2019 Regular Meeting). 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 NIA and the zoning is NIA. Motion on the floor from the May 15, 2019 regular meeting: 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. COMMISSIONER ALTENHOF seconded the motion. Welty reported the primary goal of this revision is too correct grammatical errors, spelling, clarifications of the code, there is a large addition regarding subdivision agreements and possible bonding for subdivisions. At the work session, COMMISSIONER DVORAK had pointed out that there was a reference to an outdated adopted fire code and it was recommended amending the motion to correct that line, which is line 533 and 534, which will then refer to the current adopted Kodiak Island Borough Planning & Zoning Commission Minutes June 19, 2019 Page 4 fire code per the existing 15.30 KIBC. When new fire codes are adopted we won't have to go back to modify this title. We have not received any comments for this case. Open public hearing: Scott Arndt, Service Area 1 Chair, spoke about the roads and in support of this request. Close public hearing: Commission discussion-Amendments may be offered at this time. COMMISSIONER DVORAK MOVED TO AMEND the motion to change the wording of lines 533 and 534 of the proposed ordinance to read, 5. The fire apparatus access road requirements of the adopted fire code per Chapter 15.30 KIBC. FINDINGS OF FACT 1. Title 16 of the Kodiak Island Borough Code has not been comprehensively updated since 1990. 2. Amendments to Title 16 will address outdated references and errors and omissions, and will provide procedural clarifications and expanded development options. 3. This ordinance is consistent with local government and land use goals and implementation actions identified in the 2008 Comprehensive Plan. 4. The Planning and Zoning Commission recommended that the Borough Assembly approve this ordinance. 5. The fire apparatus access road requirements of the adopted fire code per Chapter 15.30 KIBC. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0 ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-0. OLD BUSINESS A. Case 19-020. Adopt Findings of Fact in support of the commission's denial of a request for 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). COMMISSIONER CROSS MOVED to adopt the following findings of fact in support of the denial of a request for a Conditional Use Permit to allow non-recreational resource mineral extraction activities (mining) and related structures on C-Conservation zoned land on Sitkinak Island. FINDINGS OF FACT 1. The applicant failed to meet a condition of their zoning compliance permit (BZ2015-037) issued September 2014, which required photos of the completed fuel storage area be provided to the Community Development Department. 2. No representative of the Kodiak Island Borough or the State of Alaska has visited the site to satisfy that the operations is not creating concerns for public health and safety. 3. There are discrepancies between the applicant's current application and their original application regarding the amount and type of equipment being stored on the island. Welty reported that at your previous meeting, this motion failed. It falls upon the prevailing party in denial of the conditional use permit to create the findings of fact. COMMISSIONER CROSS was the individual on the prevailing side and therefore, he created these findings of fact. Staff recommends approval. Discussion FINDINGS OF FACT 1. The applicant failed to meet a condition of their zoning compliance permit (BZ2015-037) issued September 2014, which required photos of the completed fuel storage area be provided to the Community Development Department. Kodiak Island Borough Planning & Zoning Commission Minutes June 19, 2019 Page 5 2. No representative of the Kodiak Island Borough or the State of Alaska has visited the site to satisfy that the operations is not creating concerns for public health and safety. 3. There are discrepancies between the applicant's current application and their original application regarding the amount and type of equipment being stored on the island. ROLL CALL VOTE ON MOTION CARRIED 5-0. NEW BUSINESS A. Case 19-025. An administrative request, per KIBC 17.200, to review an existing Conditional Use Permit granted for U.S. Survey 4965 Narrow Cape to allow the operation of a lodge with accommodation for more than six clients, per the conditions of Case No. 00-005 (50838 Narrow Cape Road). COMMISSIONER DVORAK MOVED to grant the extended approval of the Conditional Use Permit granted on April 19, 2000. Welty reported this is a request to review the conditional use permit was issued on April 19, 2000. It had a condition that it be reviewed in 5 years. At the time, the applicants were Bill Burton and his wife. The onus to come back in 5 years fell upon them, which didn't happen at that time, there was no reminder issued from the Community Development Department either. Since that time Mr. Burton has passed away and the property is now owned by Kodiak Game Ranch with the operating partners being Buck & Christine Burton. They have applied for a subdivision that is adjacent to this and this review of the conditional use permit was a condition of the preliminary approval of that subdivision. There were 7 Conditions of Approval adopted with the motion to approve the conditional use permit in 2000. Welty has reviewed the conditions and she believes they have satisfied all of those conditions including coming back for the review of the permit now. Staff recommends approval of this extended approval. Discussion COMMISSIONER DVORAK MOVED TO AMEND the motion to adopt the Findings contained in the staff report dated May 13, 2019 as Findings of Fact for this case. FINDINGS OF FACT 1. Lodges that have provisions for more than six clients is a conditional use in the C - Conservation zoning district. 2. This conditional use meets the intent of the C - Conservation; 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 the extended approval of this conditional use will not result in any material changes to the property in question. Thus, it will not be harmful to the public health, safety, convenience and comfort. 5. The proposed use and development fulfills all requirements for setbacks, lot area, buffers and other safeguards identified in KIBC 17.70 (RR1 — Rural Residential One District). ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-0. COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters - May B. Code Enforcement Actions COMMISSIONER DVORAK MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes June 19, 2019 Page 6 REPORTS A. Meeting Schedule: • July 10, 2019 Work Session -6:30 p.m. -Borough Conference Room • July 17, 2019 Regular Meeting -6:30 p.m. -Assembly Chambers 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. None STAFF COMMENTS Erin Welty thanked the commission for hanging with her this last month. COMMISSIONER COMMENTS Kent Cross said he thinks we are doing more than hanging on. He appreciates the professionalism and dedication. You are doing a really good job, the packets are complete. The part of this process that he enjoys is the learning process and he thanked COMMISSIONER DVORAK for the gentle spanking. Dave Townsend said he's sorry that Mr. Delgado's microphone didn't work and we'll try to make sure that he has a working microphone next time. He has done an exceptional job on his first series of meetings. ADJOURNMENT COMMISSIONER CROSS MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TOWNSEND adjourned the meeting at 7:46 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION --�� —� Dave Townsend, Chair ATTEST By: C 1(a" Q_o Sheila Smith, Secretary APPROVED: July 17, 2019 Kodiak Island Borough Planning & Zoning Commission Minutes June 19, 2019 Page 7