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2008-06-18 Regular Meeting Kodiak Island Borough Planning & Zoning Commissio Meeting Minutes P"CJ} IE :. I <" U1 'L JUL 2 9 " ...~~ --, I j 2008 ;) B( ':" June 18, 2008 Regular Meeting Assembly Chambers CALL TO ORDER Chair King calls to order the June 18, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioners Present Excused Absent Others Present Dave King-Chair X Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey J anz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Jim Purdy X Erin Harrington X COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONER KERSCH. The motion was SECONDED by COMMISSIONER HARRINGTON and it CARRIED by unanimous voice vote. A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda. It was SECONDED by COMMISSIONER HARRINGTON and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES · Planning & Zoning Commission Special Meeting of May 9,2008. · Planning & Zoning Commission Regular Meeting of May 21,2008. COMMISSIONER JANZ MOVED TO APPROVE the May 9, 2008 minutes. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the May 21,2008 minutes. The motion was SECONDED by COMMISSIONER JUENGER and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 08-024. Request a Variance, according to KIBC 17.66, to allow a proposed single- family dwelling to encroach no more than ten (10) feet into the required twenty-five (25) foot P&Z Meeting Minutes June 18, 2008 Page 1 of 11 front yard setback, per KIBC 17.18.050 A. The applicant is Peggy Dyson Malson. The location is 1213 W. Kouskov Street and it is zoned RI-Single Family Residential. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to postpone Variance Case No. 08-024 until the Regular Meeting of the Planning & Zoning Commission on July 16, 2008. The motion was SECONDED by COMMISSIONER PURDY. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: COMMISSIONER HARRINGTON stated she was approached by someone regarding this case. The question was called and it CARRIED 6-0. B. Case 08-027. Request a Planning & Zoning Commission Review, in accordance with KIBC 18.10.030, of seven (7) parcels of tax foreclosed properties from tax year 2006. The applicant is the Kodiak Island Borough and the agent is Cassandra Juenger. The location and zoning varies. Cassidy gave a brief staff report. COMMISSIONER HARRINGTON MOVED TO recommend to the Kodiak Island Borough Assembly that the following seven (7) tax-foreclosed parcels be declared not to be of "public need" and be offered at a future KIB land sale: Legal Description Location Zoning Aleutian Homes 1112 Thorsheim St R-l Bk 10 Lt 1 Russian Crk 908 Sargent Crk Rd RR -1 Lt 17B-2 USS 1736, Tract B Appx 1 mile south / CN - Conservation (Port Lions) southwest of town Zoning District center. Old Karluk TR D NHN Old Karluk R-l Lot 6 T31S R28W Amook Bay CN - Conservation TL 2903 Zoning District USS 1967 T37S R31W TL 3005 CN - Conservation SE portion (Moser Bay) Zoning District T30S R28W Zachar Bay CN - Conservation TL 1811 (Carlsen Point) Zoning District Close regular meeting: Open public hearing: P&Z Meeting Minutes June 18, 2008 Page 2 of 11 Close public hearing: Open regular meeting: The question was called and it CARRIED 6-0. OLD BUSINESS A. Case 03-012. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from RI-Single Family Residential to B-Business. The applicants are Brian & Sara Blondin. Cassidy gave a brief staff report stating they have already made a decision and now they need to adopt the findings. Make sure you are comfortable with them because they are your findings. COMMISSIONER HARRINGTON MOVED to postpone the adoption of findings of fact for Case 03-012 until the September special meeting of the Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER JANZ. Discussion of postponement, public safety and well being, and different options. The question was called, and it FAILED 5-1. The aye votes were COMMISSIONER JUENGER and CHAIR KING. When asked "Does anyone wish to change your vote" CHAIR KING stated yes, he would like to change his vote. COMMISSIONER W ATKINS MOVED TO ADOPT the findings presented in the staff memorandum dated June 6, 2008 as "Findings of Fact: for Case 03-012. The motion was SECONDED by COMMISSIONER PURDY. COMMISSIONER HARRINGTON MOVED TO AMEND the findings of fact in the staff memorandum to include in item 1 D after the text "the current lodging use would not be permissible under the B-Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose." The motion was SECONDED by COMMISSIONER JANZ. A discussion of codes. The question was called on the amended motion and it CARRIED 6-0. COMMISSIONER HARRINGTON MOVED TO AMEND section 1 C of the findings to add language so that the sentence that starts at the end of the 5th line "a majority of residents" so that it states," a majority of residents present at the May 9th special meeting of the Planning & Zoning Commission have expressed concerns for public health and safety," etcetera, as it's written there. The motion was SECONDED by COMMISSIONER PURDY. The question was called on the amended motion and it CARRIED 6-0. COMMISSIONER HARRINGTON questioned Robert's Rules of Order and expressed dissatisfaction with not being able to make all amendments previous to approving them and the main motion. COMMISSIONER PURDY expressed the same dissatisfaction. The question was called on the main motion and it CARRIED 6-0. P&Z Meeting Minutes June 18, 2008 Page 3 of 11 COMMISSIONER JUENGER MOVED TO AMEND the findings of fact IB of the draft we in front of us, line #6, the sentence of that's inclusive to that line "Rl could however allow a Bed & Breakfast use on a property with a single-family dwelling subject to a conditional use permit." The motion was SECONDED by COMMISSIONER HARRINGTON. A brief discussion. "1. Findings as to the need and iustification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5, from RI-Single-family Residential to B-Business is not necessary and justified because: A. B-Business zoning is inconsistent with the current residential character of the neighborhood area. B. The petitioner did not present justification for the rezone other than the fact that an illegal lodging use has been established in RI-Single-family Residential zoning without benefit of zoning compliance. Such zoning compliance would have been denied for most lodging uses as RI-Single- family Residential is the most restrictive residential zoning district. Rl could however allow a Bed & Breakfast use on a property with a single- family dwelling subject to a conditional use permit. C. The B-Business zoning district permits a wide range of commercial activities and uses that are not compatible with the nearby Larsen Bay School. Public testimony, both current and historical (from a 2003 public hearing) reflect an ongoing conflict as a direct result of the close proximity of this lodge (Kodiak Charters Lodge) with Larsen Bay Public School. A majority of residents present at the May 9th special meeting of the Planning and Zoning Commission have expressed concerns for public health and safety in relation to the noise and activity of lodge clients which according to public testimony has at times has included the mixing of alcohol use and firearms handling. If the properties are rezoned B- Business, an allowable use would include drinking establishments and this is clearly an incompatible use with the public facilities located right next to this neighborhood. The firearms issue is one the city must address through its own ordinance authority, however maintaining the existing residential zoning will discourage further expansion of conflicting uses of a commercial nature. D. The community identified specific characteristics of the existing illegal lodging use that make the area right next to the school incompatible with that use and any substantial expansion or enlargement of the use that might be permitted under the B-Business zoning district, including but not limited to noise issues, concerns for gun safety, alcohol consumption (both indoors and outdoors and occasional disturbance of the peace.) The current lodging use would not be permissible under the B-Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose. P&Z Meeting Minutes June 18, 2008 Page 4 of 11 E. Expansion of the existing lodging use which is located in two residential structures and spread over four (4) lots could exceed the capacity of the existing sewage treatment capability which is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. F. B-Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year-around community based residents. 2. Findings as to the effect a change or amendment would have on the goals and obiectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan states as a "Goal and Implementation Action" for Larsen Bay, "Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place based education that establishes positive self awareness and self esteem in our community youth". B-Business zoning of the proposed properties located so close to the community school could conflict negatively with this goal. B. The January 2008 KIB Comprehensive Plan states as an "Issue" for Larsen Bay "Address concerns about social impacts of some lodges located within neighborhoods". C. The January 2008 KIB Comprehensive Plan designates the proposed lots for Mixed Use development which can be interpreted as Waterfront Development, Commercial Development or Residential Development. Given the lack of easily expandable or upgradeable infrastructure to support additional growth and development in this area, the historical residential use and character of the area, and close proximity of the community school, for this area to remain residential is consistent with the flexible Mixed Use land use designation. D. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop lodges in order to benefit from a seemingly strong lodging market in Larsen Bay. E. While the proposed B-Business zoning allows a wide range of commercial uses, the proposal to provide after-the-fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structures themselves to commercial use) does not in any way address P&Z Meeting Minutes June 18, 2008 Page 5 of 11 , l ;;; ! many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called on the amended motion and it CARRIED 6-0. COMMISSIONER HARRINGTON brought staffs attention to a missing parentheses at the end offinding ID. The Clerk read the amendments for the record: the amendment to ID after the text adding "the current lodging use would not be permissible under the B-Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose; 1 C to change the sentence to read "A majority of residents present at the May 9th special meeting of the P&Z commission have expressed concerns. . .", and IB to amend line 6 to read "Rl could however allow a Bed & Breakfast use on a property with a Single- family dwelling. Cassidy inquired about all the amendments and main motion being voted on. B. Case 08-022. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone for Larsen Bay, Tract A, Block 8, Lot 3 from RI-Single Family Residential to B-Business. The applicant is Don J. Maschmedt. Cassidy gave a brief staff report. COMMISSIONER JUENGER MOVED to adopt the finding presented in the staff memorandum dated June 6, 2008 as "Findings of Fact" for Case 08-022. COMMISSIONER WATKINS SECONDED the motion. COMMISSIONER HARRINGTON stated she questions whether Finding 1 B is exceptionally complicated and could be easier stated in one sentence. COMMISSIONER WATKINS and COMMISSIONER JUENGER stated it would take away from the finding. CHAIR KING stated the same thing should be added to 1 D that was added to the previous case. COMMISSIONER JANZ requested the clerk read back what was added to finding ID on the prevIOUS case. A discussion on the definitions and zoning for lodges, motels, and hotels. COMMISSIONER JANZ MOVED TO AMEND Findings of Fact ID to add at the end the paragraph after shoreline "The current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. The motion was SECONDED by COMMISSIONER WATKINS. 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. COMMISSIONER HARRINGTON MOVED TO AMEND THE PREVIOUSLY APPROVED MOTION to change the language in item 1 C to read "although there are some P&Z Meeting Minutes June 18,2008 Page 6 of 11 lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use" and then striking those last words and replacing them with "at a future date." The motion was SECONDED by COMMISSIONER PURDY. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9th special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and iustification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from Rl- Single-family Residential to B-Business is not necessary and justified because: A. B-Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B-Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D. Allowing a rezone to B-Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B- P&Z Meeting Minutes June 18, 2008 Page 7 of 11 Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B-Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year-around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and obiectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B-Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B-Business zoning allows a wide range of commercial uses, the proposal to provide after-the-fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called and it CARRIED 6-0. C. Case 08-023. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone for Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B-Business to RRI-Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08-023. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. P&Z Meeting Minutes June 18, 2008 Page 8 of 11 COMMISSIONER HARRINGTON MOVED TO AMEND the findings in the staff memo to include a final bullet point under part A to read "the location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility." The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. A. Findings as to the need and iustification for a change or amendment. · A need for residential property has been expressed by the public; · Current use of adjacent business zoned lots includes a mix of business and residential use; · Location of property is inconsistent with the primary retail intent of business zoning; · Rezone to RRl could greatly reduce the impact of on-site wastewater systems compared to Business zoning development; · Much of the residentially zoned land available for development in Worn ens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. · The location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility. B. Findings as to the effect a change or amendment would have on the obiectives of the comprehensive plan. · The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." · This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size ofRRl (40,000 square feet)"; and · More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment · The Planning and Zoning Commission recommends approval of this request. P&Z Meeting Minutes June 18, 2008 Page 9 of 11 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. D. S08-015. Amend a previously adopted motion made at the May 21, 2008 Planning and Zoning regular meeting to correct an error in the legal description of the parcel given preliminary subdivision approval. The replat of U.S. Survey 3466, Lot 1 and U.S. Survey 3465, Lot lA-3 creating U.S. Survey 3466, Lot lA and U.S. Survey 3465, Lot lA-3A. CHAIR KING announced to the commission that there will be a motion to amend a previously adopted motion and there was no previous notice, and it requires a 2/3 vote of the membership. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of a replat ofUSS 3466, Lot 1, and USS 3465, Lot lA-3 creating USS 3466, Lot lA and USS 3465, Lot lA-3A and to adopt the findings of fact in the staff report dated May 13, 2008 as Findings of Fact for Case S08-015. The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT 1. This plat meets the minimum standards of survey and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision ofland that is consistent with adopted Borough plans for this area. The question was called and it CARRIED 6-0. NEW BUSINESS There was no new business COMMUNICATIONS A. Letter from Koniag re: Prohibited Motorized Vehicles on Sometimes Island and Bruhn Point dated May 19,2008 B. Order Granting Summary Judgment COMMISSIONER HARRINGTON MOVED to accept communications as submitted. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. REPORTS Meeting Schedule: · July 9,2008 work session at 7:30pm in the KIB Conference Room. · July 16, 2008regular meeting at 7:30pm in the Assembly Chambers. CHAIR KING stated he will probably be gone most ofthe July and COMMISSIONER KERSCH will be gone for the month also. P&Z Meeting Minutes June 18, 2008 Page 10 of 11 COMMISSIONER JANZ stated she will be out of town for the month of July. COMMISSIONER HARRINGTON stated she will be gone for the August or September meeting and possibly for the special meeting in September. COMMISSIONER JUENGER MOVED to accept reports as presented. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS COMMISSIONER'S COMMENTS COMMISSIONER JANZ thanked staff for helping us work through these cases, and she hopes the people of Larsen Bay are taking advantage of the codes that we left. COMMISSIONER JUENGER appreciates the progress made tonight, and Larsen Bay was informative. COMMISSIONER HARRINGTON appreciates everyone's open mindedness with these difficult cases. COMMISSIONER PURDY thanked staff for all the work they do, and he also encourages trash violations because washers and other junk are still being dumped. COMMISSIONER WATKINS appreciates everyone being open to discussions. CHAIR KING thanked staff and the commission, and we are doing great work here. Cassidy stated July is the quiet month for cases and this will give staff time for working on some critical projects; an RFP for Planning and the other is an RFP that is sort of a Master Plan for Northstar School. ADJOURNMENT CHAIR KING ADJOURNED the meeting at 9:20 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY:~u-., ,JJ c. x-:? Dave King ATTEST By: <3Jhf>~ ~ ~ Sheila Smith, Secretary Community Development Department DATE APPROVED: July 16, 2008 P&Z Meeting Minutes June 18, 2008 Page 11 of 11