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2005-10-19 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING cOMMISSI REGULAR MEETING OCTOBER 19, 2005 MINUTES ~1E<<:~~\VlIE~ (] NOV 2 3 2005 BOROUGH CLERK'S OFFICE I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on June 29, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present J errol Friend - Chair David King Reed Oswalt Gary Carver Dennis McMurry Brent Watkins Casey Janz A quorum was established. Present Excused Others Present x X X X X X X Mary Ogle, Director Community Development Dept. Duane Dvorak Community Development Dept. Sheila Smith, Secretary Community Development Dept III. APPROVAL OF AGENDA COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED 7-0. IV. APPROVAL OF MINUTES COMMISSIONER JANS MOVED TO APPROVE the minutes of September 21, 2005, and COMMISSIONER KING SECONDED the motion, and it CARRIED 7-0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Jim Van Atta inquired when his zoning change that was postponed two years ago would be acted upon. VI. PUBLIC HEARINGS A. Case 06-004. Request for a Variance, in accordance with KIBC 17.66.020, on Lot 10D Russian Creek Alaska Subdivision, to allow a 12.4 foot encroachment into the 20 foot rear-yard setback, per KIBC 17.17.050 C. Russian Creek Alaska Subdivision, Lot 10D, zoned RR1 - Rural Residential One District. Staff reported (28) public hearing notices were distributed for this case on September 16, 2005 with none returned. Staff believed this request meets the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. P & Z Regular Meeting Minutes: October 19, 2005 Page 1 of6 Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER OSWALT MOVED TO GRANT a variance from KIBC 17.17.050C. , in accordance with KlBC 17.66 (Variances), to permit a 12.4 foot encroachment into the 20 foot rear yard setback on Lot 10D, Russian Creek Alaska Subdivision. COMMISSIONER JANZ SECONDED the motion. The question was called, and it CARRIED 7-0. B) Case 06-011. A request to rezone, per KlBC 17.72.030 (C), United States Survey 3099 Lot 5C, and unsubdivided portions of United States Survey 3099 Lot 6A, Lot 6B, and Lot 6C from R-l Single Family Residential to LI Light Industrial; and to rezone unsubdivided portions of United States Survey 3099 Lot 6A, 6B, and Lot 6C from R-1 Single Family Residential to R-2 Two Family Residential, in accordance with KlBC 17.72.030. Location is USS 3099 Lot 5C, 2552 Spruce Cape Rd.; Lot 6A, 2582 Spruce Cape Rd.; Lot 6B, 2571 Spruce Cape Rd.; and Lot 6C, 650 Cut-OffRd, and zoning R-l Single Family Residential. Staff indicated there were (98) public hearing notices were distributed prior to the meeting in September. Staff reported on those responses at that meeting at that time. No new notices were sent out prior to this meeting. If the commission wishes to reopen the public hearing for this case it is based on the continuation of the deliberations that began last month when the public hearing was closed. Staff did receive one additional written comment from parties that are already on the record from September's meeting. In addition, staff provided the Commission an e-mail which contains an analysis of various zones, and was distributed ay the Planning & Zoning work session last week where it was briefly discussed. At last month's meeting the commission wanted to investigate other zones that may potentially allow for fishing gear storage and/or warehousing. Staff did research within title 17 and came up with three basic categories that might allow that type of use. The 1 st category, warehouse and storage - basically, this is commercial warehouse and storage, although in the conservation zone permitted as an accessory use to a permitted use. That is not necessarily a commercial use, but warehouses are enumerated as a conditional use. Warehouses are also allowed in the business zone as a conditional use, rural neighborhood commercial as a permitted use, retail business as a conditional use, and light industrial as a permitted use. Light industrial is the zone that staff has been analyzing primarily for the bulk of this rezone area. The 2nd category, fishing activities - fishing activities is a term used in the conservation zone where structures in support of fishing activities are a permitted use. In addition, fishing activities is allowable use in the RR2 and RRl zones, both are permitted with an owner occupied dwelling. It's important to remember that fishing activities in this residential context means storage and/or maintenance of the property owners fishing gear only, not allowing other commercial uses or commercial storage of other peoples gear. Incidentally, these three zones also allow building agricultural. In the conservation zone, RRl and RR2 zones are all permitted when staff referenced P & Z Regular Meeting Minutes: October 19, 2005 Page 2 of6 the definition of a building agricultural, and it includes the definition fishing gear storage. The difference is that if you have a building agricultural you don't have to an owner occupied dwelling. This is the category that most clearly resembles the original permitting on the building that's there now based upon the staffletter dated September 24, 1996 which is in your packet. It is a letter to Mr. Bolton from Bob Scholze, who at that time was associate planner in the Community Development Department. Dvorak read a paragraph from that letter which stated, What was described as a "barn or storage building" was permitted by Building and Zoning Permit # 218 issued July 29, 1980 when the property was zoned RR- Rural Residential. Among uses permitted in this zoning district at that time were "general gardening and farming including all types of fishing." The rural classification is where this existing building and use came from according to our records. Those RR1 and RR2 zones were derived from the original RR zone, so it is grandfathered as a building agricultural, but it isn't grandfathered with any commercial use capacity based on the determination. These are the various zones the commission may wish to consider. If the commission wishes to take this request and investigate one of these zones it would require procedurally going back to the beginning, renotifying the surrounding property owners of a changed circumstance and basically doing a new analysis of a different zone. You can't analyze Light Industrial and at the last minute substitute a different zone. It would have to be rescheduled. Regular session closed: Public hearing opened: Arnie Shryok spoke in favor of this request. Skip Bolton spoke in favor of this request. Tom Boyer spoke opposing the request. Debora Boyer spoke opposing the request. Carlos Riley spoke in favor of the request. Public hearing closed: Regular session opened: COMMISSIONER FRIEND stated he would like to see the request as Lot 5C and 6C brought back for review as Retail Business, and Lots 6A and 6B as R2 as two separate requests. It was the general consensus of the commission that they see the case as two different issues and was not comfortable voting on it as it is. The question was called for the motion on the floor from the September 21 sl meeting and it FAILED 6-1. COMMISSIONER KING MOVED TO ADOPT the findings contained in the staff report dated September 7, 2005 as Findings of Fact for this case. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 6-0. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: P & Z Regular Meeting Minutes: October 19,2005 Page 3 of6 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The petitioner's have submitted numerous personal reasons why the proposed rezone would be beneficial to their land use needs and desires. Those justifications however, do not adequately take into account the needs and desires of other property owners in the area. Those property owners have predominantly expressed a perception and expectation that the area is slowly moving towards the single family residential ideal, as described in KIBC 17.18. The existence of nonconforming uses and/or structures is not a justification for zoning change, which should be considered on the basis of the comprehensive plan designation for the area. In fact KIBC 17.36 relating to nonconformities specifically indicates that nonconforming uses and structures should be phased out over time in favor of development that conforms to the prevailing planning and zoning designations for the area. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. LI-Light Industrial zoning would not be consistent with the designation of the rezone area for Medium Density Residential and/or Mobile Home Parks. Because of the generalized nature of the comprehensive plan, the Assembly has previously determined in 1984 that this area is designated Medium Density Residential in the 1968 Comprehensive Plan and applied the RI-Single Family Residential zoning district to this area. This zoning designation has survived several past attempts to alter the land uses permitted in the area and as the most consistent zoning designation it should continue to do so until the overall community comprehensive plan is revisited and updated. If at that time a new designation is determined to be appropriate for this area, based on the balanced best interest of the entire community, then and only then should a change of zoning be considered to implement the newly revised land use policy guidance. The R2- Two Family Residential zoning district might be considered an equally consistent zoning district along with Rl zoning, however the limited scope of the request for this zone, being restricted only to proposed Lot I, Cutoff Subdivision would create a "spot zoning" situation wherein a single property owner would be permitted a much different class of land use rights than the neighboring property owners which goes against the principals of "equal protection" in zoning classes and of the usual segregation of different land uses and zoning districts. COMMISSIONER KING MOVED to initiate a rezone for two different cases. One would be a rezone to Retail Business for lots 5C and 6C, and the second would be a rezone for Lots 6B and 6A for R2. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7-0. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A. Planning & Zoning By-Laws P & Z Regular Meeting Minutes: October 19, 2005 Page 4 of6 Ogle stated the commission requested that staff reevaluate the P&Z Commission By-Laws based on the procedure for preparing staff reports and making them available to the public, this would strengthen the whole review process prior to the public hearing. Ogle has submitted draft language to them for their consideration that they can work in detail on it at a scheduled work session in November if that is their choosing. B. Bed & Breakfast Code Revisions Ogle stated this is a draft amendment to look at various transient accommodation uses throughout the zoning ordinance. Staff provided some background about the catalyst that brought this analysis forward and provided them with all applicable sections that deal with transient accommodations within the zoning ordinance. Staff made some preliminary recommendations for changes. Ogle provided those at the packet review last week, and this is something they can work on in detail at a November work session. IX. COMMUNICATIONS A. Letter of Courtesy & Advisory to Kevin & Mary Weniger from Martin Lydick dated September 16, 2005. B. Letter of Courtesy & Advisory to Justin & Kerry L. Woods from Martin Lydick dated September 28, 2005. C. Letter of Courtesy & Advisory to Art Zimmer from Martin Lydick dated September 30, 2005. D. Notice of Violation to L.L. Russell from Martin Lydick dated October 4,2005. COMMISSIONER McMURRY MOVED to accept Communications as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 7-0. X. REPORTS Ogle stated the selection committee for the Comprehensive Plan Amendment proposals have met and they have reached an agreement to recommend a consultant for the Comprehensive Plan Update and they anticipate taking it to the October 2ih Assembly work session and then on the November 3rd Assembly meeting for approval. Then they will have a consultant retained and they will start the Comprehensive Plan Amendment process officially, so they will start having more meetings and get the ball rolling. A. Meeting Schedule: November 9, 2005 work session at 7:30 p.m. in the KIB conference room. November 16,2005 regular meeting at 7:30 p.m. in the Assembly Chambers. COMMISSIONER WATKINS MOVED TO ACCEPT the Reports as submitted. COMMISSIONER McMURRY SECONDED the motion, and it CARRIED 7-0. XI. AUDIENCE COMMENTS Cheryl Boeland stated the P&Z meetings are not on public radio which leaves out a large segment of our population as to what is going on here, and she feels it is some importance P & Z Regular Meeting Minutes: October 19, 2005 Page 5 of6 to people that they know what is going on. She would like the commission to request from KMXT to broadcast the meetings. XII. COMMISSIONER'S COMMENTS CHAIR FRIEND wants to know how the commission feels about the postponed cases. COMMISSIONER OSWALT stated the borough needs to know some of the problems in Chiniak. COMMISSIONER McMURRY stated they postponed the cases in good faith because they wanted to ensure that it was done right, but now that it is postponed again he feels they need to act on them new whether they have a plan or not. They shouldn't be kept in limbo. COMMISSIONER JANZ stated she believes it would be good for the Community Development Department to send out letters to let the petitioners know what is going on, and to let them know if they want to proceed there is good cause to proceed at this time. COMMISSIONER KING stated that he would like to see them proceed. COMMISSIONER CARVER agreed. COMMISSIONER WATKINS also agreed and stated it is pledge week at KMXT and anyone who makes a pledge can comment that they would like to see it back on public radio. Ogle stated that most of the citizens that live in the villages rely on the radio to hear the Assembly meetings, so that might be a benefit for them. CHAIR FRIEND stated he would like to see staff send a letter to each one of the petitioners on these postponed cases informing them of what is going on and to request their recommendation if they would like to see their case move forward. VI. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZON G MI ION By: ATTEST By: .~0iJn. <~in~-i~~ Sheila Smith, Secretary Community Development Department DATE APPROVED: November 16, 2005 P & Z Regular Meeting Minutes: October 19, 2005 Page 6 of6