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2010-12-15 Regular Meeting KODIAK ISLAND BOROUGH lc • " 11 ' ) = 7 • PLANNING AND ZONING COMMISSION 1 If 1 MINUTES i 1 FFB o Z Ojl .) �1 December 15, 2010 KIB Assembly Chambers at 7:30 p.m. 11 CALL TO ORDER CHAIR KING called to order the December 15, 2010 regular meeting of the Planning & Zoning Commission at 7:30 p.m. PLEDGE OF ALLEGIANCE CHAIR KING led the pledge of allegiance. ROLL CALL Commissioners present were Dave King, Brent Watkins, Casey Janz, Bill Kersch, Alan Torres, and Jay Baldwin. A quorum was established. Community Development Department staff present was Duane Dvorak and Sheila Smith APPROVAL OF AGENDA COMMISSIONER TORRES MOVED to approve the agenda for the Planning & Zoning Commission regular meeting of December 15, 2010. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMISSIONER JANZ expressed there are inconsistencies in the November 19, 2010 minutes. During a brief discussion Smith was directed to listen to the recording and make the necessary changes. COMMISSIONER TORRES MOVED to postpone the approval of the Planning & Zoning Commission minutes of November 19, 2010 until the January 19, 2011 regular meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSL I' AUDIENCE COMMENTS AND APPEARANCE REQUESTS Maria Painter thanked the commission for supporting the rezone of Case 11-008 and suggested some additional information for the findings of fact found in the Comp Plan and KIB Codes for the findings of facts for adoption under Old Business. PUBLIC HEARINGS A) Case 11 -010. Request a Conditional Use Permit to allow an eleven (11) space Recreational Vehicle Park, and related utilities, according to KIBC 17.165 (Recreational Vehicle Parks) and KIBC 17.200 (Conditional Use Permits), to be located on a 31,250 square foot portion of Kalsin Bay Estates, Lot 1. The applicant is Wayne Sargent. The location is 29675 Chiniak Highway, and the zoning is RNC -Rural Neighborhood Commercial. Dvorak gave a staff report stating a stipulation was added that the petitioner shall develop an onsite toilet and shower facility in support of the RV Park. COMMISSIONER TORRES MOVED to grant approval of a Conditional Use Permit, according to KIBC 17.200 (Conditional Use Permits), to allow an eleven (11) space Recreational Vehicle Park, and related facilities, according to KIBC 17.65 (Recreational Vehicle Parks) and KIBC 17.200 (Conditional Use Permits), to be located on a 31,250 square foot portion of Kalsin Bay Estates, Lot 1. P &Z Minutes Page 1 of 7 December 15, 2010 The public hearing was opened & closed. There were no comments. Discussion regarding screening and campgrounds. There was consensus to place a 90 day limit in each 6 month period as a condition of approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER TORRES MOVED to adopt the findings of fact in the staff report dated December 6, 2010 for Case 11 -010 and also add to the conditions of approval to read "the maximum length of occupancy for each lot is 90 days in each 6 month period." CUP FINDINGS OF FACT A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. • The proposed recreational vehicle park use will preserve the value, spirit, character and integrity of the surrounding area so long as the park is developed in accordance with the provided plan and in conformity with the applicable development standards in KIBC 17.165. The use fits well with the existing mixed use commercial development already located on the site. B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. While the plan presented for this CUP is rather conceptual in nature, the project will be required to undergo a zoning compliance review. The commission will need to determine whether the provision of a toilet and shower facility is sufficiently met by the provision of water and sewer hook -ups to each designated RV space. The RV Park code also requires a higher degree of screening than the underlying which will need to be determined at the time of zoning compliance unless the commission chooses to have this cone back to them by condition of approval. Screening need not be a fence necessarily and the standard may be met by maintaining natural vegetation on the site that meets the minimum standard (50% sight obscuring and at least six (6) feet in height) that is called out in the code. C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience and comfort. Having a designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Due to the large lot size and rural location it appears that the site will not require any additional buffers, setbacks or safeguards are needed in order to meet the conditions identified in subsections A through C above. CONDITIONS OF APPROVAL 1. The petitioner shall develop or identify an onsite toilet and shower facility in support of the approved RV Park. 2. The maximum length of occupancy for each lot is 90 days in each 6 month period. ROLL CALL VOTE CARRIED UNANIMOUSL B) Case 11-011. Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. The applicant is P &W Investments, LLC (Island Seafoods) and the agent is John Whiddon. P &Z Minutes Page 2 of 7 December 15, 2010 The location is 317 Shelikof Street that is zoned I- Industrial and 330 Shelikof Street (Alternative Parking Site) is zoned B- Business. Dvorak gave a staff report stating sixty public hearing notices were sent out with one response received opposing this request. In response to COMMISSIONER WATKINS inquiry if the transformer located beside the retail building is the transformer that services your building, Whiddon stated yes, and there's another one at the other end also. COMMISSIONER WATKINS expressed concerned about pedestrian access around the backside of the transformer , concerned about corking with what might happen with opening that corridor up for pedestrian traffic with the city's upcoming study. Whiddon said the sidewalk is on the Napa side of the street so there is no pedestrian traffic on this side. The Shelikof improvement project is at the other end, down by APS down to the North Pacific Fuel. In response to COMMISSIONER TORRES'S inquiry if on drawing where the transformer is, is that a platted sidewalk, Dvorak said there is adequate right of way for that but there is a curb and gutter, and then there's additional right of way to the property line. COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off- street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. The public hearing was opened & closed: John Whiddon spoke in support of the request, Smith read Christopher Wing's comment into the record withdrawing his original objection submitted, and Andrew Ursin spoke opposing the request. Commission discussion ROLL CALL VOTE FAILED UNANIMOUSLY COMMISSIONER WATKINS MOVED to adopt the findings contained in the staff report dated November 29, 2010 as "Findings of Fact" supporting the DENIAL of this request. 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. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. If there is something atypical it is that the site has historically been open enough to provide the necessary off- street parking without the need for variances or satellite parking arrangements. As noted in the staff analysis however it is the intended use for seafood processing and the changes that occur to that industry periodically which typically drive the need to maximize the use of the site for seafood processing related uses in lieu of off-street parking. Staff has performed a new analysis of the site and corrected some errors of the prior parking calculation. In addition the petitioner has also re- worked the site plan such that a variance is no longer required. It should be noted that this information was submitted only recently and this new information would typically justify a postponement if not for the fact that the parking issues appear to be resolved (subject to the approval of satellite parking for at least two [2] off - street parking spaces). 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community P &Z Minutes Page 3 of 7 December 15, 2010 has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some relief from parking requirements in the past. It should also be noted that this area was originally developed long before the advent of modern parking requirements and the community growth that has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore has to be reconciled with the overall lack of parking in this overall area and the fact that there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day and age. It is prudent therefore to work with property owners to provide the maximum number of required off- street parking spaces even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Since there is no longer a need for a variance it does not appear that there will be any material damage or prejudice to other properties in the vicinity. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for industrial and commercial use, particularly seafood processing along the waterfront. 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 actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In this case, both staff and the petitioner have re- evaluated the site and believe now that up to eighteen (18) off - street parking spaces may be provided onsite (with the inclusion of loading berths) such that the grant of a variance is no longer required. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. ROLL CALL VOTE CARRIED UNANIMOUSLY COMMISSIONER WATKINS MOVED to grant approval of a parking plan, according to KIBC Section 17.175.050, that would permit two (2) off - street parking spaces proposed to be located on Lot 18, Block 3, New Kodiak Subdivision, which are impractical to be located on Tracts N29 -B and N26 -B, City Tidelands, in order to support the seafood processing use, and that two (2) off-street parking spaces located on Lot 18, subject to conditions of approval, will provide a safe and practical off - street parking alternative to the off- street parking that would typically be required on Tracts N26 -B and N29 -B, subject to conditions of approval in the staff report dated November 29, 2010, and to adopt the findings in the staff report as `Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicant shall obtain an "after -the -fact" zoning compliance permit to address the apparent change of use on Lot 18 from small scale seafood processing to the current machine shop use. 2. The applicant shall obtain a new zoning compliance permit for Tracts N26 -B and N29 -B showing a scale drawing of the site with at least eighteen (18) off -street parking spaces including loading berths. P &Z Minutes Page 4 of 7 December 15, 2010 3. The two (2) off - street parking spaces located on Lot 18, will be signed or marked so as to be clearly associated with the uses on Tracts N26 -B and N29 -B. 4. The petitioner shall obtain letters from the City of Kodiak Public Works Department that there is no objection to the use of Shelikof Street right -of -way for additional pedestrian crossings clue to the satellite parking layout. FINDING OF FACT I. The petitioner has worked with staff to eliminate the need for a variance request by providing additional on -site parking and the relocation of two (2) off -street parking spaces to an alternate site within 600 feet is a preferable outcome to the prospect of granting a variance and potentially adding an additional demand for limited on- street parking. ROLL CALL VOTE CARRIED UNANIMOUSLY OLD BUSINESS A) Case 11 -008. Approval of Findings of Fact granting a request to rezone Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, from RR — Rural Residential to B — Business (Painter Family Trust). Dvorak gave a brief staff report. COMMISSIONER TORRES MOVED to adopt the findings contained in the memorandum dated November 23, 2010 as `Findings of Fact" in support of a rezone request made in Case 11-008. During discussion the commission was in consensus to substitute Painter's findings and strike staffs findings. COMMISSIONER TORRES MOVED TO AMEND the motion by substituting the findings of fact received during the Planning & Zoning regular meeting of December 15, 2010 and strike the findings of fact in memorandum dated November 23, 2010. FINDINGS OF FACT A. Findings as to the need and justification for a change or amendments In this area the availability of commercial property for development is very limited. KIB Code 17.90.010.A states: "To encourage development of land for retail purposes." The rezoning to 3-Business is needed and justified to provide services and employment opportunities to Kodiak. This rezone is compatible with surrounding land uses and zoning in this area and is supported by the majority of neighbors. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan Business development at this site for business zoning will meet the plan objectives by providing additional business zoned land in an area where there is little available B- Business zoned land and vacancy rates of B- Business zone land is low. KIB Comprehensive Plan states: Chapter 4 Land Use and Ownership page 28 Goals, Policies and Implementation Actions "Zone land to meet future housing, commercial, industrial and other land needs." Chapter 12 Implementation page 3 "Identify and adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses..." C. Recommendations as to the approval or disapproval of the change or amendment With vegetative screening proposed by the applicant future development will have minimal impact to the adjacent residential neighborhood. P &Z Minutes Page 5 of 7 December 15, 2010 KIB Code 17.90.050.0 Business District: Screening. "Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the commission." Traffic congestion in the streets is not increased, in that: the property lies within an established commercial area on Rezanof Drive. The commission recommends to the Borough Assembly approval of said rezoning of this parcel. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON THE AMENDED MOTION CARRIED UNANIMOUSLY NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications REPORTS A) Meeting schedule: Commission discussion regarding changing their meeting times. COMMISSIONER TORRES MOVED to amend the start times of the January 12, 2010 (meant2011) P &Z work session and the January 19, 2010 (meant 2011) regular meeting from 7:30 p.m. to 5:30 p.m. Commission discussion regarding scheduling a half hour break to eat something. • January 12, 2011 work session at 5:30 p.m. in the KIB Conference room. • January 19, 2011 regular meeting at 5:30 p.m. in the Assembly Chambers. ROLL CALL VOTE CARRIED UNANIMOUSLY Discussion regarding changing the meeting times earlier for all meetings. COMMISSIONER WATKINS MOVED that starting February 2011 we hold our work sessions and regular meetings at 6:30 p.m. ROLL CALL VOTE CARRIED UNANIMOUSLY A) Minutes of Other Meetings • September 14, 2010 Parks & Recreation Minutes Dvorak gave a brief report. COMMISSIONER TORRES MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSL I' AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS Alan Torres stated the code revision meetings went well and he enjoyed the joint P &Z /Assembly meeting with the consultants. He's looking forward to delving deeper into the code. He's willing to give the meeting time change a try. Casey Janz stated the code revision meetings were interesting and educational. There were different perspectives with each group. It was brought up that the borough would be willing to maintain the new bike paths to be developed and that was very positive. At the January I 1 th meeting P&R will be P &Z Minutes Page 6 of 7 December 15, 2010 discussing conflicts with trail users and they've been asked to look at that and discuss. She requested Dvorak email her the Recreational Amenities Ordinance that P &R done. Happy Holidays!!! Alan Torres stated the maintenance for the bike path was a requirement for the STIP List that the borough had a resolution stating maintenance, and it did pass the Assembly. Bill Kersch stated he received a call at work about 7:30 saying "dad, genius, just genius, there's garbage all up and down the street and garbage cans all up and down the street, genius" and then she hung up. Merry Christmas to all of you! Brent Watkins stated we need to sit down with the City Council when it came to the downtown policies and thoughts and city wish list. When that was brought up with the consultants we all sat there looking blank faced so we need to get together and spend some time with them. Casey Janz asked if there were plans written for like the Main Street Kodiak or a lot of work done for downtown. That would be a nice piece to have for the code rewrite. Dvorak stated we've already done that, it's the 2002 community work shop you are referring to, We have sent a copy of the final report to the consultants. We've also sent a copy of the city's downtown landscaping plan that is associated with the water and sewer plan. It's very comprehensive and will disturb a lot of the commercial areas downtown so the city is going to have to rebuild a lot of the sidewalks and perhaps covers over the sidewalks. There are opportunities here to put a unified design theme (inaudible) was when they broke ground. They are working with the business community and we've sent all that to the consultants. The corridor study to Pier 2 was sent also. Jay Baldwin stated thanked everyone, he's learned a lot in the last few months. Merry Christmas! Dave King stated he will believe the borough will maintain a bike path when they start maintaining their parks. He apologized for missing the code revision meetings last week. He was in -32° weather. Thank you all for another wonderful year. Merry Christmas and Happy Holidays! ADJOURNMENT COMMISSIONER JANZ MOVED to adjourn. CHAIR KING adjourned the meeting at 9:21 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: e.�P. Dave King, Chair ATTEST BY: J,C1etQn ctricji1 Sheila Smith, Secretary Community Development Dept. APPROVED: January 19, 2011 P &Z Minutes Page 7 of 7 December 15, 2010