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2006-12-20 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER 20, 20 MINUTES I fB)~a;~uw~m Ul1 JAN 2 3 2007 ~ GH CLERK'S OFFICE CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. by VICE CHAIR KING on December 20, 2006in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. David King Brent Watkins Gary Carver Casey Janz Dennis McMurry Gary Juenger Vacant x X X X X X A quorum was established. VICE CHAIR KING asked if there is any motion to excuse any commissioners. COMMISSIONER CARVER MOVED TO EXCUSE any commissioners due to road conditions. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONERW ATKINS, and it CARRIED 5-0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 5-0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Leland P. James spoke regarding Case 07-012. VICE CHAIR KING informed James that he should speak when the public hearing for this case is opened. PUBLIC HEARINGS A. Case 07-012. Request for Request a Similar Use Determination, in accordance with KIBC 17.03.090, to allow a small scale fish and meat smoking use in the B-Business zone as a use similar in character and impact to a permitted retail use. The applicant is Chris Wing. The location is New Kodiak Subdivision, Block 3, Lot 17, and it is zoned B- Business. December 20, 2006 P & Z Commission Meeting Minutes Page 1 of 11 Staff reported (50) public hearing notices were distributed for this case with no responses returned. Staff reported this request centers on a conversion of use in the property, which staff has been working with the property owner about changing the interior layout concerning the collective uses that they wish to have. The structure is non-conforming due to a lack of parking. It's grandfathered with 11 theoretical spaces, but doesn't provide that many on the ground. Staff anticipates the change of use can occur without any variances or other need for commission review. The owner does wish to lease a 1000 sq. foot portion of the structure to a fish smoking/processing operation as described in the packet. The purpose of this review is to review this use. Fish processing is not an allowable use in the Business zone. We have had several previous cases regarding small scale processing which is normally considered an allowable use in the Industrial zone. In the past, it's been perceived that the industrial fish processing use usually represents an onshore processing facility of major size and a large number of employees. In this case, it is a small operation being proposed, and they have provided a one page summary of the use of that 1000 square feet that they wish to lease for that purpose. Staff has reviewed this and it seems the scale is right. The recommendation of staff is that this is a similar use to a permitted retail use as described in the proposal, and if you look at the language of the motion it does go to that as described in the application. You could make it a little clearer to say that if the commission approves this tonight they get 1000 square feet for their operation. If they change the operation you could say they need to come back for a new review. What you are approving is what they have proposed, no more and no less. COMMISSIONER JANZ MOVED TO DETERMINE, in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, that a small-scale fish and meat smoking use, as described in the application, is similar in character and impact to the permitted uses of the B-Business zoning district, and to adopt the findings of fact contained in the staff report dated December 6, 2006 as "Findings of Fact" for Case No. 07-012. .COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Leland P. James, owner of the Napa building spoke against the request because of dumpster and parking issues. Rob Baer, co-owner of the Alaska Sprit spoke in support of the request. He and his partner will be leasing the 1000 sq. feet for the fish smoking operation. COMMISSIONER CARVER asked Baer if they are successful and their business grows what his feelings would be if it is stipulated this document and its specifications be the basis for Similar Use Determination and if they expand in the future they would need to come back before the commission or move to another location. Baer agreed with COMMISSIONER CARVER and supports the idea. Public hearing closed: Regular session open: A brief discussion. COMMISSIONER CARVER MOVED TO AMEND the main motion to add a condition of approval that includes the specifications in the letter of application as conditions for December 20, 2006 P & Z Commission Meeting Minutes Page 2 of 11 the similar use permit, and any deviation from that would require re-application to the Planning & Zoning Commission. COMMISSIONER JANZ SECONDED the amended motion. FINDINGS OF FACT [1] As it applies to this business, at this location, custom seafood / meat processing is similar in character and impact to other land uses specifically permitted in the B-- Business Zoning District. [2] As described in the application, the uses are small in scale and light in intensity, and intended to be incidental and subsidiary to the retail use of the property. [3] As described in the proposal, the custom seafood / meat processing on a small scale should not result in negative impacts on neighboring properties. CONDITIONS OF APPROVAL [1] Specifications in the letter of application as conditions for the Similar Use permit, and any deviation from that would require re-application to the Planning & Zoning Commission. The question was called on the main motion, and it CARRIED 5-0. The question was called on the amended motion, and it CARRIED 5-0. B) Case 07-010. Request a Variance, in accordance with KIBC 17.66.020 and KIBC 17.13, to allow the subdivision of Tract A within Sections 8 and 17 ofT26S R23W where the proposed parcel will not meet the 5-acre minimum lot area or the 250- foot minimum lot width. Staff indicated there were (9) public hearing notices were distributed and (2) responses returned expressing objections to this request. The request is involving the creation of a Tract to primarily address a pre-existing landfill associated with the former Port Bailey fish processing site. It appears that while it was believed this waste site was located on th same site as the use that it served, it appears from the submittal from the petitioners that it is actually outside the original boundaries ofthe Port Bailey site. The Afognak Native Corporation had expressed a desire to carve out a chunk of property less than 5 acres that they could then convey to the Ward's Cove Packing Company, the original owners and operators there, so they could hold it in perpetuity rather than leaving it as a potential liability on the Afognak Native Corporation property. Ward's Cove Packing had sold the adjoining property to a third party in 2003. We have reviewed some of this history. The letter that came in came on the same day as the packet review; in addition, we have received another letter this afternoon. Prom a staff perspective, staff was persuaded originally by the information received with the application that this was an extenuating circumstance, and that it would be good to isolate this parcel, even though it meant granting a Variance for the lot with lot size width issue. From the documents submitted it wasn't clear the significance of some of these structures. At the scale submitted it looked like they were less significant structures than what they have come to hear lately. The arguments raised in the objection letter don't relate to the Variance issues at hand. Clearly, there are some property ownership issues between the parties that need to be resolved. It doesn't appear that staff or the commission should put themselves in between private parties that have issues that need resolving. The objections allowing the Variance December 20, 2006 P & Z Commission Meeting Minutes Page 3 of 11 to go forward will result in some harm to one or more parties, from a staff perspective we are not convinced that that's necessarily the case. In this case, what ever is there is already there. Granting the Variance is not going to change that situation. He thinks the subdivision process is where the commission generally can deal with ownership and boundary issues. The Variance is really about whether or not they can create a Tract less than 5 acres. The subdivision process is where these issues may be more appropriately discussed. The petitioner's have made a request for a subdivision that was tentatively scheduled for January assuming this question would be answered in December. The options available to the commission are to approve, deny, approve with conditions, or to postpone for additional information if the commission feels they don't have enough information to rule on this Variance request tonight. The commission had a brief discussion. COMMISSIONER CARVER MOVED TO GRANT a Variance; in accordance with KIBC 17.66, to permit the creation of one (1) lot by subdivision with less than five (5) acres of lot area that is not subject tidal action below the mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.050.B.l, and KIBC 17.13.050.A, and to adopt the Findings of Fact in the Staff Report dated December 5,2006 as Findings of Fact for Case No. 07-010. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Robert Shane-owner of Port Bailey spoke opposing the request and has ownership issues with this property. Public hearing closed: Regular session opened: The commission had a discussion. The question was called, and it FAILED 5-0. Staff had provided Findings of Fact that supported the Variance and given the Variance was not approved the commission will need to come up with its own Findings of Fact for the various six standards. He recommends they postpone the adoption of Findings until the next meeting, and then give staff a brief write up per the various standards. You need to come up with Findings that reflect the reasoning of the commission based on our public hearing process tonight, and then we can have that drafted for presentation and adoption as an Old Business item on next months agenda. COMMISSIONER CARVER MOVED TO POSTPONE the adoption of Findings of Fact until the next regular Planning & Zoning meeting. COMMISSIONER WATKINS SECONDED the motion. The question was called, and it CARRIED 5-0. C) Case 07-011. Request a Variance, in accordance with KIBC 17.33 and 17.66.020, to allow a proposed addition to the hospital building to encroach 15.5 feet into the required 25 foot side yard setback along RezanofDrive East. Staff reported (46) Public Hearing notices were sent out with no responses returned. The request revolves around the proposed addition of a new community health center building December 20, 2006 P & Z Commission Meeting Minutes Page 4 of 11 that would attach to the side of the existing hospital structure. Staff has reviewed this site and found it is topographically constrained. Included are some photographic examples, not only of the proposed building site as well as some of the retaining walls along the boundaries that were put in place to deal with some of the topography there, and to make as much building site and parking area as possible during the last hospital expansion project. We only have one hospital and this is a major facility and there isn't any other place on the site that it can go other than the proposed location. They have looked at other options The benefit of having this facility co-joined with the hospital is they can then share certain resources that have been leveraged by the community for this location. Staff has looked at this and finds the standards have been met. Staff recommends approval of the Variance. COMMISSIONER WATKINS MOVED TO GRANT a Variance, in accordance with KIBC 17.33 and 17.66.020, to allow a proposed addition to the hospital building to encroach 15.5 feet into the required 25 foot side yard setback along Rezanof Drive East; and to adopt the findings in that staff report dated December 12, 2006, as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Bud Cassidy, Director of Engineering and Facilities stated he is here to answer any question the commission may have and to introduce Jimmy Ng who is more intimately involved in the history of the structure of the Community Health Center. COMMISSIONER CARVER asked Cassidy if there will still be foot egress around the end of the building. Cassidy responded yes, there will walking room around the building. VICE CHAIR KING asked if this phase of the project will move the entrance from the parking lot. Cassidy stated the eventual completion of the project will, but right now once we get approval we will be going back to the ARB with more design information. In one of the drawings there's a notation, he's assuming came from Community Development Department, of where the existing entrance is. It's about mid-way. Public hearing closed: Regular session opened: FINDINGS OF FACT 17.66.050 A.1.Exceotional physical circumstances or conditions applicable to the proverty or intended use of development. which generally do not apply to other properties in the same land use district. The property is topographically constrained as evidenced by the considerable terracing that has been done to provide developable area for the current hospital and care center. (See attached digital images for examples of this observation) The terracing is most notable along the north side of the property (below the city cemetery) and along the side lot line adjoining Rezanof Drive East. Both of these areas are supported with extensive retaining wall structures. December 20, 2006 P & Z Commission Meeting Minutes Page 5 of 11 The intended use of the development is unique to this site. The proposal to construct a Community Health Center (CHC) that adjoins the hospital is proposed because that will allow the CHC to leverage facility and organizational resources that have already been developed by the community. No other conforming site can offer this kind of synergy or economy-of-scale to benefit the Kodiak community. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Disturbance of the retaining wall structures and additional excavation would be prohibitively expensive to the community. This fact makes development on the upper side of the hospital building infeasible. Development on the downhill side, as proposed, appears to be the only practical option which can provide the advantages mentioned in Standard #1 above which are important objectives for the community to achieve. 17.66.050 A.3.The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare. Because Kodiak is an isolated community with only one hospital, it is hard to compare this project with other similarly situated properties within a given zoning district. Any hardship or practical difficulty presented by this particular project which cannot be resolved through this or other zoning based processes will have an impact on all borough residents. It should be noted that the proposed addition is located well away from any residential developments near the hospital site. As noted in the attached photographs, the addition will be situated well above the level of the adjoining Rezanof Drive East roadway and will not have any negative impact on this heavily traveled arterial road. 17.66.050 A.4.The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. The Kodiak Island Borough hospital site, currently operated as the Providence Kodiak Island Medical Center, is "the" designated hospital location for the entire borough. This location has been determined and confirmed during the review process that preceded the last major expansion of the hospital facility. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The Planning and Zoning Commission will consider this request for variance and make a decision whether to grant relief prior to the initiation of any development activities. This is not an "after-the-fact" variance request. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Hospitals are a permitted use in the PL-Public Use Land zoning district, subject to a site plan review before the KIB Planning and Zoning Commission. The question was called, and it CARRIED 5-0. D) Case 07-004. Review of the revised Draft Recreational Amenities Ordinance that was previously forwarded to the Commission with a recommendation by the KIB Parks and December 20, 2006 P & Z Commission Meeting Minutes Page 6 of 11 Recreation Committee and subsequently remanded to the Committee for specific reVISIons. Staff reported no public hearing notices were circulated for this case; however, we did advertise in the newspaper a general circulation. The comments contained in this revised draft generally came :from the November 1, 2006 work session that was held by the Planning & Zoning Commission to discuss this and also the Womens Bay Comp Plan. The big changes here are annotated in red with those items struck out are to be deleted, and those items underlined are to be added. This is the November 14,2006 revision that we circulated to the commissioners on or around this date. Staff recommended that it be proposed as a new chapter of Title 16, which is the subdivision code rather than Title 17, which is zoning. The kinds of improvements that are being discussed in this ordinance is the kind that naturally fall into the subdivision process. He thinks the language in the draft ordinance kind of reflected that. The other changes are the proposed section 16.XX.030 - General Regulations, and he thinks the commissions comments back to the Parks & Recreation Committee were taken very seriously. They immediately went to work on the re-wording of these sections at their November meetings, and that resulted in the language that you have before you. Dvorak feels from a staff perspective the Parks & Recreation Committee has done a good job of simplifying and clarifying the intention of this ordinance, and he thinks they have addressed the issues raised by the Planning & Zoning Commission. Staff recommends moving this forward to the Assembly. A brief discussion. COMMISSIONER JUENGER MOVED TO APPROVE the November 2006 Revised Draft Recreational Amenities Ordinance and transmittal of the draft code to the Kodiak Island Borough Assembly with a recommendation for adoption. The motion was SECONDED by COMMISSIONER CARVER. Regular session closed: Public hearing opened Mike Sirofchuck, Chair person for the Parks & Recreation Committee was there in support of this draft ordinance. He stated Parks & Rec is an advisory committee, and their mission is to advocate for recreational opportunities in the borough. The draft ordinance is the result of a five year process. Sirofchuck brought up the current road system, and the committee has had a lot of discussion about this phrase. They weren't sure how it would be interpreted; did it mean the road system at the time the person brought forward their plat, or would it be interpreted to mean the current road system at the date this ordinance is passed. Our intent is the current road system at the time of submission of any plats. Public hearing closed: Regular session opened: A brief discussion. COMMISSIONER CARVER MOVED TO AMEND 16.XX.030-General Regulations, Part A. Applicability to read this chapter shall apply to all lands within 1 mile of the current maintained public road system at the time of application for subdivision. The motion was SECONDED by COMMISSIONER WATKINS. The question was called on the main motion, and it CARRIED 5-0. December 20, 2006 P & Z Commission Meeting Minutes Page 7 of 11 The question was called on the amended motion, and it CARRIED 5-0. E) Case 06-018. Review of the revised Womens Bay Comp Plan Update as amended by the KIB Planning and Zoning Commission after public input at work sessions on August 30, 2006 and November 1, 2006. Staff reported this is another case pending and has been in the process for several years. Most recently the commission discussed this plan during the November 1 st work session where substantial comments were made and recommended which staff made those changes. There was a draft that was re-drafted and some of the maps were also revised. It is the same plan and the only substantial change made was the reference to Jack and Lee Lakes Natural Use Area consistent throughout. The strikethroughs are to be deleted and the underlined words to be added. In this version it is just the text. In the interest of getting this back before the commission before this months meeting we did work on the plan map to correct the boundaries and conform them to the other areas in the plan. We weren't able to insert the maps because the emphasis here is on the text, and on the substantial comments from the November 1 st meeting. We didn't really get any comments at that time on the appendices other than to bifurcate them out of the plan and make this essentially two documents. From a staff perspective we still consider the appendices to be part of the plan and it will go forward with the plan. We did receive some public comments that were circulated at the last week's packet review that mentioned the historical timeline. It will take a little longer to finish up the timeline, appendices, and the plan, but like in the previous case if the commission excepts this latest version of the plan and passes it forward to the Assembly we would put together a finished plan and appendices. A brief discussion. COMMISSIONER CARVER MOVED TO APPROVE the November 2006 Revised Draft Recreational Amenities Ordinance and transmittal of the draft code to the Kodiak Island Borough Assembly with a recommendation for adoption. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened Tess Dietrich spoke in support of passing this draft. She stated what she feels should be in the draft and in the appendices. She thanked staff, the commission, and everyone that worked so hard on the plan. COMMISSIONER JANZ asked Dietrich if she was recommending the Table of Contents for the appendix be attached to the main Table of Contents or put the appendix with the main body. Dietrich stated she thinks it needs to be in the main draft so that people know it is available. If they request those documents they will know what to request. It's your decision that you want the appendix separate. She is confused why it is separate. It doesn't seem that the appendix would have its own Table of Contents. COMMISSIONER CARVER stated we have a very large volume of material that provides the basis for a second plan that has in it the direction spelled out. That plan is the document that counts in terms of defining the future conduct and development of the December 20, 2006 P & Z Commission Meeting Minutes Page 8 of 11 Worn ens Bay Area is proposed to be, and much of what is in the appendix is the opinions, testimony, and many of them are conflicting things that we sorted through to come to this plan. He feels it is very appropriate to put each appendix with the document in the body of material it goes with. The reference to appendix in the plan still directs you to that document. It's appropriate to list the appendix in the Table of Contents and then allow people to seek the appendix if they need it. The appendix will be an archived volume of source material used to generate the plan. Lisa Booch, a Worn ens Bay Community Council member, stated everyone has worked very hard on this and thanked everyone. She feels good about the plan they have now. She said they went through it again and have made notes on typos or grammar. Lorne White stated he appreciates their comments and he agrees with them that it should be passed tonight. Public hearing closed: Regular session opened: COMMISSIONER CARVER asked staff to look at the list of possible corrections, and if there are corrections that are typos or verb tenses please use your judgment to do those. COMMISSIONER KING stated on the acknowledgements page, the first one. He counted 25 names on it, and he would like to see the Womens Bay Community Council added because they have worked very hard, probably harder than anyone else. COMMISSIONER CARVER MOVED TO AMEND the motion to include in the appendix the materials that were passed out to us dated December 15, 2006, and to add the Womens Bay Community Council to the acknowledgement page. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it CARRIED 5-0. The question was called on the main motion, and it CARRIED 5-0. Booch asked if there is enough time for the Borough Wide Comp Plan consultants to incorporate more of the Womens Bay Comp Plan into the Borough Wide Comp Plan. Dvorak stated the priority is the plan, and the appendix will follow along. He will make sure the consultants receive a copy. F) Case 07-008. Request a Tax Foreclosure Review. The applicant is the Kodiak Island Borough, and the agent is Cassandra Juenger. The location is multiple, and the zoning vanes. Staff reported the purpose of this is to go through properties that have been foreclosed on by the Borough due to non-payment of property taxes. It occurs every year, and when these properties come into the Borough's ownership and control, even though it is usually temporary aspect, it is required they go through the Title 18 review with the Planning & Zoning Commission right from the onset to determine if these properties should be disposed of, if not redeemed put back up for sale and put back on the tax roll, or maybe the property has some value to the public for some public purpose. If that's the case then the commission would recommend to the Assembly these properties be reserved for some specific public purpose. We did not have any recommendations to reserve any properties, and we re commended all the properties be re-sold if they are not redeemed by the December 20, 2006 P & Z Commission Meeting Minutes Page 9 of 11 ostensible property owner. Technically, we hold the deeds to these properties today, but they are eligible to be redeemed later. The purpose of this is to correct a deficiency in the public process because the phones were not available at the last meeting. Regular session closed: Public hearing opened Public hearing closed: Regular session opened: VICE CHAIR KING stated there was a motion passed at the last meeting. (At the November 15, 2006 P&Z regular meeting: COMMISSIONER JANZ MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following fourteen (14) tax-foreclosed parcels be declared not to be of public need and be offered at a future KIB land sale. COMMISSIONER CARVER SECONDED the motion. The question was called and it CARRIED 5-0.) OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. REPORTS Meeting schedule: . January 10, 2007 work session at 7:30 p.m. in the KIB Conference Room . January 17, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers Dvorak reported the new appointments or reappointments are coming up with the Mayor. Weare expecting those to be done by the end of the year. We will probably be one seat shy in January. There are two city seats available if you live in the city, and only one applicant. Lydick, the other planner in the department will be on leave for seven weeks. Bud Cassidy will be taking the Community Development Department Director only after a suitable replacement for Engineering & Facilities which is now being advertised. COMMISSIONER JANZ MOVED TO ACCEPT reports as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS COMMISSIONER WATKINS thanked everyone for their hard work on everything tonight, the Parks & Rec people and the Womens Bay folks. COMMISSIONER CARVER said he is happy to get through these projects and thanked staff and the commissioners for their continued efforts and diligence on these. December 20, 2006 P & Z Commission Meeting Minutes Page 10 of 11 COMMISSIONER JANZ echoed those sentiments and said it is a good day and they have done a lot of work. She also wished Bud Cassidy luck in his new position, and thanked Dvorak for doing an amazing job of more than one person. Merry Christmas. COMMISSIONER JUENGER said his only regret was that Dennis McMurry wasn't present to reap some of the euphoria that washed over this commission as some of these major issues were advanced. He regrets losing McMurry as a commissioner, as we have recently lost J errol Friend. VICE CHAIR KING thanked everyone for all their hard work. Have a Merry Christmas and a happy new year. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED unanimously. CHAIR FRIEND ADJOURNED the regular meeting at 9:50 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: \2'J~-J). L. ?S~ Dave King, Vice C I ATTEST By: o ~~ .~~f'AQO~l' ) Sheila Smith, Secretary Community Development Department DATE APPROVED: January 17 ,2007 December 20, 2006 P & Z Commission Meeting Minutes Page 11 of 11