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2008-03-19 Regular Meeting CALL TO ORDER ~nl II U), KODIAK ISLAND BOROUGH II 'i APR 1 6 2008 PLANNING AND ZONING COMMISSIO Li REGULAR MEETING MARCH 19 200 L___._ MINUTES ' Be ~J; r i., ..i..-'-.~ ' :'''\ '::] i I i'l . i j J0 ',~r i ',,,L. The regular meeting of the Planning and Zoning Commission was called to order at 7:37 p.m. by CHAIR KING on March 19,2008 in the Borough Assembly Chambers. ROLL CALL Commissioners Dave King-Chair Brent Watkins Casey Janz Bill Kersch Gary Juenger Jim Purdy Erin Harrington Present Excused Absent X X X X X X X Others Present Bud Cassidy, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. COMMISSIONER JANZ MOVED to excuse COMMISSIONER JUENGER. It was SECONDED by COMMISSIONER KERSCH, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the February 20, 2008 minutes as submitted. COMMISSIONER PURDY SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Debora King spoke in support of the Jack Johnson banquet facility. Jack Maker stated it is time we look at our parking ordinances for downtown. Chris Fiala reiterated it's time to look at the parking situation. Cheryl Boeland stated she feels the P&Z meetings are important enough to be aired over the radio, and also because we aren't being televised tonight the phone number doesn't have to be read. PUBLIC HEARINGS A) Case S08-013. Request for preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U.S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. The zoning is LI-Light Industrial and C-Conservation. March 19,2008 P & Z Commission Meeting Minutes Page 1 of8 Staff reported this request is to create a parcel on Near Island that encompasses Trident Basin. The Commission previously approved a rezone of this area to the Light Industrial zoning district, but without a survey it was a floating district. That rezone approval was subject to the City bringing in an actual subdivision plat. The zoning request that was approved was based on a metes and bounds description, not a survey, but a legal description. What we recently found out was the metes and bounds description that the Commission approved for the rezone and this plat do not jive. Given some of the concerns that the City Manager had at the work we recommend postponement until next month. COMMISSIONER JANZ MOVED TO POSTPONE Case S08-013 until next months regular meeting. COMMISSIONER HARRINGTON SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it CARRIED 6-0. B) Case 08-018. Request a rezone, according to KIBC Chapter 17.72, of Lot 4, Block 5, Miller Point Subdivision from RR1-Rural Residential One to B-Business. The location is 4210 Otmeloi Way. Cassidy reported the additional packet material you received tonight is a significant amount of written comments and a petition all opposing this rezone. The request is for a rezone from RR1 to Business on the comer lot on Otmeloi and Rezonofthat's been cleared and the rock removed located across from Bayside Fire Department. It's separated from other Business zoned lots in the area by Otmeloi Road. Staff recommends denial due to we've just completed a 2 1/2 year process where we adopted the Kodiak Island Comprehensive Plan in December. We took a tremendous amount of public input on this plan and not once was this area discussed for expansion of the Business use. Staff s recommendation is for denial because it's just too early to start making changes to the Comp Plan. COMMISSIONER WATKINS MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 4, Block 5, Miller Point Subdivision from RR1-Rural Residential One to B-Business. COMMISSIONER PURDY SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch, applicant's agent, spoke in support of this request. Pete Thompson spoke opposing the request. Debra Nelson spoke opposing the request. Jenny Wandersee, one of the owners, spoke in support of this request. Barbara Rabold spoke opposing the request. Opal Oliver spoke opposing the request. Public hearing closed: Regular session opened: March 19,2008 P & Z Commission Meeting Minutes Page 2 of8 The question was called, and it FAILED 5-1. The nay votes were COMMISSIONERS JANZ, KERSCH, PURDY, HARRINGTON, and the aye votes were COMMISSIONER WATKINS and CHAIR KING. When asked if anyone would like to change his or her vote CHAIR KING stated yes, he would like to change his vote to nay. COMMISSIONER HARRINGTON MOVED to adopt the findings of Fact in the staff report dated March 10, 2008 in support of the denial of Case No. 08-018. The motion was SECONDED by COMMISSIONER JANZ. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. No justification for the rezone has been offered, nor has any need for the rezone been shown. The proposed use lacks a retail component, a key characteristic distinguishing the B - Business Zoning District from the Industrial or Light Industrial zoning districts. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be inconsistent with objectives of the 2008 Kodiak Island Borough 2008 Comprehensive Plan. A rezone to B - Business Zoning District would add to an existing under-utilized inventory of Business zoned lands. The question was called, and it CARRIED 5-1. The nay vote was COMMISSIONER PURDY. C) Case 08-019. Request a Variance, according to KIBC Chapter 17.66, to allow a single-family on Lot 7, U.S. Survey 2873 to reduce the number of available off-street parking spaces from three (3) conforming off-street parking spaces currently located on adjoining Lot 8, a lot in common ownership, ill two (2) off-street parking spaces proposed to be developed on Lot 7, a total variance of one (1) off-street parking space. It is zoned R1-Single Family Residential. COMMISSIONER KERSCH requested he be excused from the public hearing. Cassidy reported staff met with the owner on site and have come up with a parking plan that meets the code, and since this has been advertised as a public hearing item staff recommends holding the public hearing. The need for a variance is now moot. In your packet is a supplemental memo describing this agreement with the applicant. Staff recommends denial of this request. COMMISSIONER HARRINGTON MOVED to grant a variance, according to KIBC Chapter 17.66, to allow a single-family on Lot 7, U.S. Survey 2873 to reduce the number of available off- street parking spaces from three (3) conforming off-street parking spaces currently located on adjoining Lot 8, a lot in common ownership, to two (2) off-street parking spaces proposed to be developed on Lot 7, a total variance of one (1) off-street parking space; and to adopt the findings in that staff report dated March 10, 2008, as "Findings of Fact" for Case 08-019. It was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: March 19,2008 P & Z Commission Meeting Minutes Page 3 of 8 Public hearing closed: Regular session opened: The question was called, and it FAILED 5-0. COMMISSIONER JANZ MOVED to adopt the Findings of Fact in the staff report dated March 10, 2008 in support of the denial of Case 08-019. The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT 17.66.050 A. 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Variances provide for the fact that all lots in a particular zoning district are not equally developable according to a single set of development standards. However, the parcel subject to this request is no more or less burdened by physical circumstances or conditions that apply equally to similarly situated parcels in the same zoning district. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the development of code compliant, off-street parking, located on the same lot as the dwelling unit that would be served by the off- street parking. The record demonstrates that it is possible and practical to develop the required off-street parking, and that the cost of doing so would not create an unnecessary hardship. 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. Granting the variance will not result in material damages or prejudice to other similarly situated properties in the vicinity, nor be detrimental to the public safety and welfare. 17.66.050 AA.The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as residential. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. It may be inferred by the record that the applicants had, at the very least, constructive knowledge of the historical association between Lot 7 and Lot 8, and the special burden borne by Lot 8. The applicants chose to consummate the purchase of the parcels in light of that fore knowledge, and now seek relief from that voluntarily assumed burden. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. The question was called, and it CARRIED 5-0. D) Case 08-020. Request a Variance, according to KIBC Chapter 17.66 to allow a conversion of land use and structure on Lot 1, Block 3, New Kodiak Subdivision from a conforming March 19,2008 P & Z Commission Meeting Minutes Page 4 of 8 automobile dealership and repair center ill a 240 occupant meeting and banquet facility requiring at least sixty (60) off-street parking spaces (including loading berth and accessible spaces) where only thirteen (13) off-street parking spaces (including loading berth and accessible spaces) are proposed on the site, a total variance of forty-seven (47) off-street parking spaces. Cassidy reported there is a large packet of comments which all are in support for the variance, and an un-official parking study done by COMMISSIONER WATKINS. This variance request asks relief from providing the 60 required parking spaces by providing only 13, a variance of 47 spaces. The concern is should this center receive a variance in this zoning district where a number of folks have not received a variance and have been required to obtain leases for adjacent property to meet the parking requirements? The commission can grant variances if it meets the standards laid out in State Statute and Borough Code in granting a variance. Mr. Johnson does have options; the parking could be provided on adjacent lots, some lots owned by Johnson. Staffs concern is that in this zoning area outside the core area the standard is you have to meet the parking whether it requires a lease or an agreement. If you grant a variance be sure you meet all the conditions and this variance should be tied to this use. The Commission had a brief discussion on the downtown parking and the codes. COMMISSIONER WATKINS MOVED to grant a variance, according to KIBC Chapter 17.66 to allow a conversion ofland use and structure on Lot 1, Block 3, New Kodiak Subdivision from a conforming automobile dealership and repair center to a 240 occupant meeting and banquet facility requiring at least sixty off-street parking spaces (including loading berth and accessible spaces) where only thirteen off-street parking spaces (including loading berth and accessible spaces) are proposed on the site, a total variance of forty-seven off-street parking spaces and to adopt the following findings of fact provided by the commission: 1) Revisiting the parking code has been a discussion at several meetings and our case load has kept us from addressing the issue. Across the street this parking requirement would not be an issue as it would fall into the core parking area. 2) There is a large quantity of parking around the downtown area that can readily absorb the needed spaces. 3) Granting the variance would enhance the number of people using the downtown as a destination and enhance properties in the area. 4) Granting the variance is consistent with the Comprehensive Plan. 5) This variance would be for the property used as a convention center only. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Jack Johnson spoke in support of his request. Jeff Barnes spoke in favor of the request. Norm Wooten spoke in support of this request. Chris Lynch spoke in favor of the request. Mark Anderson spoke in favor of the request. Pam Foreman spoke in favor of the request. March 19,2008 P & Z Commission Meeting Minutes Page 5 of8 Marty Owen spoke in favor of the request. Rhonda Maker spoke in favor of the request. Dr. Bob Johnson spoke in favor of the request. Marion Owen spoke in favor of the request. Public hearing closed: Regular session opened: During discussion, it was the consensus that the parking issues do need to be looked at. COMMISSIONER WATKINS MOVED TO AMEND the motion to add #6 to the findings of facts: This is a limited use facility and will be used intermittently and the parking requirements would be intermittent use as well, and granting this variance would not permit a prohibited land use in this district. The motion was SECONDED by COMMISSIONER JANZ. 17.66.050 A.l.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Revisiting the parking code has been a discussion at several meetings and our case load has kept us from addressing the issue. Across the street this parking requirement would not be an issue as it would fall into the core parking area. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. There is a large quantity of parking around the downtown area that can readily absorb the needed spaces. 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. Granting the variance would enhance the number of people using the downtown as a destination and enhance properties in the area. 17.66.050 AA. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting the variance is consistent with the Comprehensive Plan. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought bv the variance. This variance would be for the property used as a convention center only. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. This is a limited use facility and will be used intermittently and the parking requirements would be intermittent use as well. The granting of this variance will not permit a prohibited land use in this district. The question was called on the amended motion, and it CARRIED 6-0. The question was called on the main motion, and it CARRIED 6-0. March 19,2008 P & Z Commission Meeting Minutes Page 6 of8 OLD BUSINESS There was no old business NEW BUSINESS A) Kodiak Island Borough Comprehensive Land management Program Cassidy reported April 19th , Saturday morning at 9:00 a.m. we are meeting with the Assembly to talk about a land sale or an overall comprehensive land management program. If you want to convey any parking issues to the Assembly this would be the time to do it. COMMISSIONER HARRINGTON MOVED TO ACCEPT New Business Item A as submitted. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED 5- 1 by voice vote. COMMISSIONER PURDY voted nay. COMMISSIONER PURDY asked staff about the Comprehensive Land Management Program. Cassidy stated instead of focusing only on land sales let's look at the whole comprehensive land management of borough lands. He also stated you are just accepting or acknowledging communications, you're not voting on them. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: · April 9, 2008 work session at 7:30 p.m. in the KIB Conference Room · April 16, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers Cassidy reported the commission will be going to Larsen Bay probably on May 9 and returning the afternoon of May 10th, and you will probably have to bring sleeping bags. COMMISSIONER WATKINS MOVED TO ACCEPT reports as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. AUDIENCE COMMENTS Jack Maker thanked the commission on their decision tonight, and encouraged the commission to look into the parking issues. He also stated every business downtown is struggling and if anyone wants to expand parking it's an issue. People have to accrue an additional expense to come up with the parking. Rhonda Maker stated Eugene's Restaurant has been for sale for some time and it hasn't sold because of the parking. COMMISSIONER COMMENTS COMMISSIONER JANZ said she likes the way the cases were written. She also feels the codes should diligently be stuck to, and she's looking forward to working on the parking codes. She also enjoys working with a full commission. COMMISSIONER HARRINGTON said one thing she will bring to the meetings besides attentiveness and thoughtfulness is she always has a laundry list. March 19, 2008 P & Z Commission Meeting Minutes Page 7 of8 COMMISSIONER WATKINS stated he has mixed feelings on the Wandersee case. He's happy they're going to look at the parking issues. COMMISSIONER PURDY stated he will also like to look at the parking issues, and he has mixed feelings about the Wandersee case as well. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER KERSCH SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 9:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Dave King 13 ret'-f l.J a.{ L ks C;;;,.- Oa.re- K.~ ATTEST By: ~PIOo. ~ l~ Sheila Smith, Secretary Community Development Department DATE APPROVED: April 16, 2008 March 19,2008 P & Z Commission Meeting Minutes Page 8 of8