2012-03-21 Regular Meeting I f . I I
Kodiak Island Borough 1 �.I'.i MAY 1 5 2012 ; J'
Planning & Zoning Commission
Minutes O Ii "l., CLERK'S 'S OFFICE •
March 21, 2012 Assembly Chambers
CALL TO ORDER
VICE CHAIR WATKINS called to order the March 21, 2012 regular meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
VICE CHAIR WATKINS led the pledge of allegiance.
•
ROLL CALL
Requested excusal was Alan Torres.
Roll call was taken and commissioners present were Brent Watkins, Casey Janz, Bill Kersch, Alan
Schmitt, Rick Vahl, and Sonny Vinberg. Excused was Alan Torres.
A quorum was established.
Community Development Department staff present was Bud Cassidy and Sheila Smith.
COMMISSIONER SCHMITT MOVED to excuse Alan Torres.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
VICE CHAIR WATKINS stated he'd like to move public hearing item C before item B so both village
cases are first and the Ouzinkie folks can get home.
COMMISSIONER SCHMITT MOVED to approve the March 21, 2012 Planning & Zoning agenda as
amended.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER VAHL MOVED to approve the February 15, 2012 Planning & Zoning Minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
The following comments are in regards to Old Business Item A - Case 12 -022.
Rose Wolf spoke in favor of Case 12 -022 Rezone reading from Title 17 and she stated there were
many letters sent in in favor of this rezone. She asked the people who sent in letters to stand up for
the commission to see.
Alan Wolf stated the roads cannot support the increased population in this neighborhood, and he
read Suzanne Raposa's comments stating the commission has not heard their concerns and at the
last meeting most of the commissioners stated that they planned to deny this rezone.
John Larsen stated he lives on Katmai Drive and he supports the rezone. He feels development
should not be allowed to go forward in such a way that it will maximize the return of that
investment but is done at the expense of the homeowners in the neighborhood.
Bob Onders spoke in favor of the rezone and stated potential development will significantly impact
the character of the neighborhood and also the safety. The road is a hazard to pedestrians. Onders
lives on Katmai.
Suzanne Rapoza called in to say she supports the rezone. She feels protecting the maximization of
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profits over the interest of the homeowners who have invested more financial and social resources
in the neighborhood is the wrong way to strike the balance. The commission's job is to protect the
interests of the neighborhood by building strong neighborhoods and communities. Rapoza feels
some of the properties should not be rezoned.
Brenda Schwantes lives on Katmai Drive and called to support the rezone stating she submitted
comments in January and she reiterated the written comments. She lives on the corner of Sharatine
and there is a large amount of traffic in the area. She also said she's often observed public safety
officers and ambulances at the fourplexes. She's concerned about the makeup of the neighborhood
and transient nature of it and about property values going down.
Amanda Breeden called in support of the rezone of Case 12 -022 stating (inaudible).
Deb Goodell stated she lives on Spruce Cape Road and she's in support of the rezone. She said she'll
be affected by development of those lots. She's concerned about property values and increased
traffic and safety.
Doug Hogen stated he supports the rezone. He's a contractor who had the opportunity to purchase
these lots and he couldn't imagine anything other than a single family residence on them. He
expressed concern about property values going down.
Kevin Arndt, representative, stated MK Enterprises owns the 10 lots, and stated last year he
submitted a request to access up to 7 of the lots from Sharatine that was approved. He said we
bought these properties as R3 and there's nothing saying that apartments will be put on these
properties; we're going to put up 2 duplexes and after that there are no plans. He stated it's not
right for our rights to be taken away. The same argument these people are using can be used
anywhere there's R3 property. Selief has single family, apartments, and town houses and they get
along fine and no one has tried to down zone it to get rid of the R3. These are small lots therefore,
restricting them to possibly triplexes or fourplexes. With a duplex you can back out to the road and
with anything bigger you can't back out onto the road, therefore, you're limited again. We put a
large investment into the property and we'd hate to see it taken away. The borough's not making
any more R3 property; we don't want to be taking it away. He strongly opposed the rezone.
John Barklow stated he lives on Katmai Drive and he supports the rezone. He bought a home
knowing something could happen but he didn't think someone would start building apartment
complexes in these small areas surrounded by single family homes.
Debbie Rohrer stated she owns one of the fourplexes on Perez Way and Dawn Acosta owns the
fourplex across from hers. Rohrer and Acosta both are opposed to the rezone because they both
bought their properties in that area for investment purposes. If this rezone happens and a fire takes
place neither one of us will be able to rebuild our fourplexes, we would only be able to build a
duplex. She expressed concern regarding her fourplex being built in 1991 and now there are people
coming in wanting to rezone because they've owned property for less than 10 years. They want to
rezone something that's been in effect for at least 20 years. She doesn't understand why, if they
didn't want to live in an area where there are people living in apartments then why did they buy
their home there. Second, she doesn't understand why there are people who have so much say so
over this that don't even live in this area or own property in this area. Not everyone can afford a
$300,000 home. The housing market is high, homes are expensive, and not everyone can afford to
own a home. There are good families that live in apartments. Kodiak needs more housing, and she is
opposed to this rezone.
PUBLIC HEARINGS
A) Case 512 -015. Request Preliminary approval, according to KIBC 16.40, of the subdivision
of Ouzinkie Subdivision, Tract C creating U.S. Survey 4871, Tracts C -2A & C -2B. The applicant
is Sage Technologies LLC and the agent is St. Denny Surveying. The location is at the site of
the Ouzinkie Community School. The zoning is PL- Public Lands.
Cassidy reported you have previously reviewed a rezone, a couple of variances, a disposal, and a
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site plan review, and tonight, your subdivision action, should you vote favorably, will be the last
action needed. The legal description provided on the plat is incorrect and the surveyor will make
the corrections. Staff recommends approval subject to 4 conditions approval.
COMMISSIONER SCHMITT stated he will just read in the correct lots into the motion and findings.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the
subdivision of Tract C, Block 2, U.S. Survey 4871, Townsite of Ouzinkie in Tracts C -1A & C -1B,
subject to Conditions of Approval and Findings of Fact in the staff report dated February 27, 2012.
The public hearing was opened & closed. There was no public testimony.
Discussion
CONDITIONS OF APPROVAL
1. Eliminate the detail of Tract C -1B on the final plat, and just show the survey of Tract C -1
subdivided into Tract C -1A and Tract C -1B at an appropriate scale; and
2. That the newly created 10 foot Utility Easement located at the base of the flag lot be identified
as "being created this plat "; and
3. The contour lines on the preliminary plat be labeled with elevations; and
4. Add the address of the Kodiak Island Borough as 710 Mill Bay Road, Kodiak, AK 99615.
FINDINGS OF FACT
1. Approval of this preliminary plat is in the public interest and consistent with the disposal of this
parcel to the City of Ouzinkie recommended by the Commission to the Assembly in P &Z
Commission Resolution FY2012 -02.
2. This request meets the minimum application standards of Title 16 Subdivision of the Kodiak
Island Borough Code;
3. This plat meets all the minimum standards of Title 17 Zoning of the Borough Code.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case 12 -030. Request a rezone, according to KIBC 17.205, to consider a zoning change
from R1- Single - family Residential to I- Industrial for the Old Harbor Landfill Area as
described by Plat 96 -33 and also by Quit Claim Deed recorded at Book 120, Pages 759 to 761,
Kodiak Recording District. The applicant is Old Harbor Native Corporation /City of Old
Harbor. The location is generally north of the Old Harbor Airport runway and the zoning is
R1- Single- family Residential.
Cassidy reported this is another telecommunications case but in this case the services will be
extended down the east side of the island to Old Harbor. The tower will be located in the landfill
area of Old Harbor and both the landfill and the tower uses require Industrial zoning. The tower is
in proper alignment to receive a signal at that location. Staff recommends approval.
COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve a
rezone of the Old Harbor Landfill, described by Plat 96 -33 and also by Quit Claim Deed recorded at
Book 120, Pages 759 to 761, Kodiak Recording District, from R1- Single Family Residential to (-
Industrial, according to KIBC 17.205.030.0 (Manner of Initiation), subject to the findings contained
in the staff report dated March 8, 2012 as "Findings of Fact" for this case.
The public hearing was opened & closed. There was no public testimony.
Discussion
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and lustification for a Change or Amendment.
The land owners, City of Old Harbor and the Old Harbor Native Corporation, need this rezone in
order to construct a microwave communication tower in the vicinity of the Old Harbor Landfill. The
site is one of the few locations with sufficient elevation and close road accessible proximity to the
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community to be served. The rezone will also provide the benefit of making the existing landfill a
conforming use and allow the community to expand the use or entertain other uses beneficial to the
community at this location.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives
of the Comprehensive Plan.
The Comprehensive Plan designates all areas outside of the Townsite as Conservation, however it is
clear from past zoning decisions and community goals and objectives that the community desires
improved access to broadband services, in addition to the continued function of the community
landfill at this location. The plan also speaks to the need for economic diversity and economic
opportunity in the Old Harbor community. At this time it is necessary to zone for the most
intensive uses that might be required at a landfill site and to accommodate the related uses that
might be required to support the landfill. At present the I- Industrial zone best meets this need.
The plan also speaks to the need to maintain good two -way communication between the Kodiak
Island Borough and the City of Old Harbor. This need also applies to the related native corporations
and tribal councils serving the community as well. The rezone will eliminate certain zoning
nonconformities that have existed on the rezone site for many years and will encourage re-
development that is consistent with both past use and planned future development.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case 12 -029. Request a Variance, according to KIBC 17.175.040, to allow the
establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally
require the provision of one (1) additional off - street parking space, where there is no
possible location for an additional off - street parking space. The applicant is Bethan Davis
and the location is 223 Mill Bay Road. The zoning is R3- Multi- family Residential.
Cassidy reported the applicant's home is a single family structure on a substandard residential lot.
The applicant wants to establish a B &B in 2 extra rooms in the house. It requires an additional
parking space that cannot be provided on site. Staff recommends approval because staff feels it
meets the standards of granting a variance.
COMMISSIONER VAHL MOVED to grant a variance, according to KIBC 17.175.040, to allow the
establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally
require the provision of one (1) additional off - street parking space, where there is no possible
location for an additional off - street parking space, and to adopt those findings of fact in the staff
report dated March 9, 2012, as Findings of Fact for Case No. 12 -029.
The public hearing was opened & closed. Public testimony was given by:
Beth Davis thanked the commission and stated she was here to answer any questions.
In response to COMMISSIONER SCHMITT'S inquiry of the statement about not being able to
accommodate parking in the back, Davis replied there's a good drop off in the back, and the only
way to access the back would be to go around the neighbor's tree to go down the back. On the right
side of the house there is gravel parking and a 5 foot rock retaining wall.
Discussion
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.
The subject property is located in an area developed many years ago, and is not typical of the
majority of similarly zoned parcels in land area, lot configuration, and abutting development.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
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Topographical constraints limit the ability of the applicant to provide an additional off - street
parking space in an economical manner. Requiring the applicant to undertake such development
would represent an unnecessary hardship.
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.
Other properties in the vicinity share many of the same constraints as the applicant's property and
will not suffer material damage or prejudice as the neighborhood already depends extensively on
on- street parking.
The public's health, safety, or welfare will not be endangered by allowing a permitted use.
17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
The Comprehensive Plan explicitly calls for actions of the type represented by the request.
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.
The applicant is acting "before the fact" and seeks no relief from a self- imposed hardship.
17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the
district involved.
The requested use is a permitted use in the applicable zoning district per KIBC 17.85.020 P.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
A) Case 12 -022. Request an investigation, according to KIBC 17.205.030 (B) and (C) to
rezone Lots 1 - 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to R2
- Two Family Residential. The applicant is Alan & Rose Wolf. The locations are 531 and 536
Perez Way, 3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Way, 3262
and 3266 Sharatin Road, 522 and 534 Carroll Way, and 7 lots with no house numbers. The
zoning is R3- Multi- family Residential.
Cassidy reported this case was brought before the commission based on a petition from a number
of adjacent property owners. We had a former case when the commission granted a change to a plat
note to allow access on Sharatine. This case was postponed from last month to allow the absent
commissioners to be involved in the case. Staff recommends approval of this request to preserve
the low density character of the neighborhood and existing land use patterns and low volume of
traffic.
In response to COMMISSIONER VAHL'S inquiry regarding the findings of fact, KIBC 17.20.020B on
page 10 of 10 in the staff report, he doesn't understand because we cite the Comp Plan often but
here is a statement "as a result a decision to approve this rezone would have little effect on the
objectives of the Comp Plan but could have a great effect on the resulting character of the affected
neighborhood, it seems like we are going back and forth on whether to go by the Comp Plan,
Cassidy replied the Comp Plan is a general guide, it doesn't get down to where R1 and R2 structures
should be located. What it says is residential areas should be developed. It's up to the commission
and assembly to create that balance between R1 and R2, so the statement basically says the Comp
Plan doesn't give a lot of guidance on specifics, it just tells you general locations for residential
development.
COMMISSIONER VAHL asked if the Comp Plan makes statements regarding neighborhood
character, Cassidy said general comments about neighborhood character but your zoning code
implements your Comp Plan.
In response to COMMISSIONER VINBERG'S inquiry of whether the homes located on Wilton White
Way are all R3 also, Cassidy replied they are zoned R3.
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COMMISSIONER VINBERG asked if most of those are single family dwellings, Cassidy stated most of
them are single family but there are 2 fourplexes at the top of Perez Way.
COMMISSIONER VINBERG asked what the zoning is for Katmai Drive, Cassidy stated that even
though it is zoned R3 there is a covenant on the plat that requires only single family development.
In response to COMMISSIONER WATKINS inquiry regarding when Mr. Arndt came in for the
splitting of the street access to Sharatine, did staff recommend to him to seek a rezone, Cassidy
stated Mr. Arndt spoke to a number of department staff but he thinks Arndt primarily talked to
Duane Dvorak.
Motion on the floor from the February 15, 2012 regular meeting: COMMISSIONER WATKINS
MOVED to recommend the rezone of Lots 1 through 21, Block 2, Perez Estates Subdivision from R3-
Multi- family Residential to R2- Two - family Residential and forward this case to the borough
assembly with a recommendation for approval.
COMMISSIONER SCHMITT MOVED to amend the motion on the floor by adding subject to the
findings contained in the staff report dated February 2, 2012 as findings of fact for this case.
Discussion
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY
Brief discussion
In response to COMMISSIONER KERSCH'S inquiry regarding KIBC 17.66.OSOA.5, Variance criteria
says that actions of the applicant did not cause special conditions or financial hardships from which
relief is being sought, can you explain this so he can understand because what we're doing is
changing the potential value of someone's property when it was purchased as R3. Kersch would
hate for someone to change the value of his property. It's one of the 5 criteria that say we're not
supposed to financially impact anyone on their property. Cassidy stated the public and private
interest is that the party who owns the property has a reasonable expectation of return, it doesn't
mean he can get the highest return, so the question is would rezoning this from R3 to R2, should
you go that direction, impact his expectation.
In response to COMMISSIONER KERSCH'S inquiry regarding the 2 fourplexes on Perez Way, the
caller said they were in disrepair but they are quite nice, and would it be possible to have those 2
properties excluded from this, Cassidy replied what you would create is 2 little lots of R3 and
assuming you will rezone them to R2 they will be nonconforming lots that will be grandfathered
until they change or burn down. Cassidy said there's reason to be concerned about spot zoning.
Discussion
COMMISSIONER WATKINS stated when Mr. Arndt brought this case forward a year ago he was well
into his planning process, and throughout his planning process his legal development of these lots
have been supported by staff until now. We're on the edge of eminent domain. We aren't taking
land but we are taking land owner rights from 2 established fourplexes and from a developer in
progress. Splitting the access between Wilton White Way and Sharatine will take a lot of pressure
off that road system.
In response to COMMISSIONER VINBERG'S inquiry if the properties that front Sharatine were
accessed off Sharatine how would they be treated in relation to Wilton White Way, Cassidy replied
the commission reviewed the plat note on the previous case where it said access would be from
Wilton White Way and what they decided was to give the developer the option but to go one way or
the other; not both. The topography is such that it was better to come off of Sharatine Road.
ROLL CALL VOTE ON THE AMENDED MOTION FAILED 4 -2. The noes were COMMISSIONERS
WATKINS, KERSCH, VAHL, and VINBERG. The ayes were COMMISSIONERS JANZ and SCHMITT.
COMMISSIONER VAHL MOVED to postpone findings of fact until the next regular meeting
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
March 21, 2012 Page 6 of 8 P &Z Minutes
NEW BUSINESS
A) Introduction of Planning & Zoning Bylaws Revisions
The commission will take action on the Bylaws Revisions at their April regular meeting.
COMMUNICATIONS
A) February Planning & Zoning Results Letters
B) Perenosa Drive Right of Way Deadline Extension
C) Letter of Courtesy & Advisory Re: Deadline Extension for Junk and Abandoned Vehicles
D) Letter of Courtesy & Advisory Re: Deadline Extension for Junk and Abandoned vehicles
E) Notice of Compliance Re: Prohibited Occupation of a Second Dwelling Unit in RR1 Zoning
District
Cassidy reported that in the packets are the results letters provided to the applicants from the last
P &Z meeting, and letters regarding zoning violations from the Code Enforcement Officer.
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
The next scheduled meetings are the April 11, 2012 work session at 6:30pm in the RIB Conference
Room and the April 18, 2012 regular meeting at 6:30pm in the Assembly Chambers.
Cassidy reported on the upcoming P &Z meetings scheduled and added the April 12, 2012 P &Z /P &R
quarterly update to the Assembly, the March 31, 2012 Parliamentary Procedures & Open Meetings
Act training in the assembly chambers from 10 a.m. -2 p.m., and the April 24, 2012 P &R Trails
Summit at 7 p.m. in the Kodiak High School Commons.
B) Minutes of Other Meetings
• February 14, 2012 Parks & Recreation Committee Meeting Minutes
C) Abbreviated and Final Approval - Subdivisions
COMMISSIONER VAHL MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
There was none.
COMMISSIONER'S COMMENTS
Casey Janz said it's nice to be back and thanked the commissioners for carrying on while she was
gone.
Sonny Vinberg said this is his first official meeting since he had to miss to the first 2 meetings.
These were difficult choices we had to make tonight and he feels we made the right decision.
Rick Vahl said he's noticed the efforts of the telecommunications group to establish the network in
the rural areas and he feels the whole community should know what's going into that. Vahl also
echoed Vinberg's sentiments regarding Wilton White Way and Perez. He thinks it a good decision
because we basing our decision on a lot of what ifs. Vahl will email his findings to Smith. Vahl also
thanked Beth Davis for the pictures and everything provided.
Cassidy said staff will draft based on your comments a set of findings for you to review at your work
session. He reminded the commission that with any decision made can be appealed to the
Assembly.
March 21, 2012 Page 7 of 8 P &Z Minutes
Bill Kersch said we had a set of bylaws that are 5 pages and tonight when we got here we were
given one that is 4 pages.
Smith said she removed the bold that doesn't need to be bold and the strikethrough's.
Alan Schmitt looked at the Comp Plan in context to the rezone and it doesn't provide a lot of
guidance, and it was a difficult case. Schmitt will be out of town for the training session and the
April work session.
Brent Watkins thanked everyone and they were tough cases all the way around.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
CHAIR TORRES adjourned the meeting at 8:12 pm.
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
By: J /�;t co- ►ors
Alan Torres, Chair
ATTEST brenl- Ja'}'ktn5 g Q.an
By: \'cheiC t LJt r !l l t l 1 i o C fey
Sheila Smith, Secretary
APPROVED: April 18, 2012
March 21, 2012 Page 8 of 8 P &Z Minutes