2012-10-17 Regular Meeting Kodiak Island Borough _
Planning & Zoning Commission
Minutes DEC - 4 2012
October 17, 2012 6:30 p.m. i I Assembly Chambers •
_
CALL TO ORDER Ira
CHAIR TORRES called to order the October 17, 2012 regular meetin: of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance.
ROLL CALL
Brent Watkins & Bill Kersch requested to be excused.
Roll call was taken and commissioners present wee Alan Torres, Alan Schmitt, Rick Vahl, and
Sonny Vinberg. Excused was Brent Watkins and Bill Kersch.
A quorum was established.
COMMISSIONER VAHL MOVED to excuse Brent Watkins & Bill Kersch.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SCHMITT MOVED to add item 9- B- Proposed Bylaw Amendment and approve
the October 17, 2012 Planning & Zoning Commission agenda as amended.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SCHMITT MOVED to approve the September 19, 2012 Planning & Zoning
Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were none.
PUBLIC HEARINGS
A) Case 13 -009. Request a Parking Review, according to KIBC 17.175.050, to allow
three (3) off - street parking spaces required in support of Lot 7A, Allman and Lalande
Subdivision, to be located on Lot 9, Allman and Lalande Subdivision, a lot located within
600 feet of the subject parcel. The applicant is Scott Pillans. The locations are 1414 Mill
Bay Road and 1411 Selig Street, and the zoning is B- Business.
Lydick stated this parking review is an outgrowth of staffs decision to permit construction of
a new building before the property owner had all of the zoning compliance review
components in place. Staffs decision was based upon the perception that a new building, that
lacked adequate on -site parking, was eminently more preferable than the continued presence
of a dilapidated structure that ill - served the owner, or community. Staffs decision to proceed
was a bet on the come, that is, that an appropriate alternative, in the form of an off -site
10/17/2012 P &Z Minutes Page 1 of 9
parking agreement, or a compromise, in the form of a parking variance, could be achieved in
the future. The owner weighed his options, and has chosen the off -site, alternative parking
agreement as the preferable option. Fifty six (56) public hearing notices were mailed on
September 5, 2012. No notices have been returned either supporting or opposing this request.
Staff is recommending that the Commission approve this alternative parking arrangement.
COMMISSIONER VAHL MOVED to allow three (3) off - street parking spaces required in
support of Lot 7A, Allman and LaLande Subdivision, to be located on Lot 9, Allman and
LaLande Subdivision, a lot located within 600 feet of the subject parcel, per KIBC 17.175.050,
and to approve the findings in the staff report dated October 5, 2012 as "Findings of Fact" for
Case No. 13 -009.
Public testimony was given by:
Scott Pillans is support of his request. He said there is plenty of parking on lots around his
business. He's made an agreement to rent 3 parking spaces which are located at 1411 Selig
Street and it's vacant, flat, undeveloped property.
Public hearing was closed:
During discussion COMMISSIONER SCHMITT expressed concern with the agreement with Ms.
Limchantha, particularly the addendum at the bottom that says that she reserves the right to
cancel or terminate this agreement anytime without liability to her. That shoots the
agreement full of holes. The code states it has to be a long term easement license or permit.
She could cancel this at any point and that is not the kind of agreement the code requires. The
commission asked Pillans if he would be willing to try to get a long term agreement,
something that can't be revoked. COMMISSIONER VAHL stated definitions for long term vary
throughout the code.
Pillans said the bottom is his business and the upstairs will be residential so the parking
during the day would be for business and the parking at night would be for the tenants after
they are off work. He said he would talk to Ms. Limchantha to see if she would remove that
addendum to terminate.
COMMISSIONER SCHMITT MOVED to amend the motion to add a condition of approval that
would require a written contract for 3 additional parking spaces for at least 1 year.
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY
CONDITION OF APPROVAL
1. Acquire a written contract for 3 additional parking spaces for at least 1 year.
FINDINGS OF FACT
I. The distance between the off -site parking and the use that is served is less than the
maximum tolerance of 600 lineal feet.
2. The zoning district of the off -site parking and zoning district of the use that is being served
is the same.
ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY
B) Case 13 -008. Request a rezone investigation, according to KIBC 17.205.030.13, to
consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from
R1- Single- family Residential to UNC -Urban Neighborhood Commercial; and,
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A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for a
Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite
communication ground station. The applicant is the Planning & Zoning Commission and
the Agent is Mayor Dan Clarion of Port Lions. The location is 3712 Third Street,
Ouzinkie, and the zoning is R1- Single- family Residential.
Lydick stated this request for rezone and conditional use permit was initiated at the
Commission's request, and underscores the Commission's position that most lands within the
Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone
would provide the subject parcel with the appropriate zoning, and the conditional use permit
would to accommodate the existing communications facility. The issues of appropriate zoning
and use were originally brought to the attention of the department by a concerned citizen.
The department's out -reach effort resulted in acknowledgement by the City of Ouzinkie of the
zoning over - sight, and a subsequent request by the City for the Commission's intervention and
resolution. Eighteen public hearing notices were mailed on September 5, 2012. One comment
has been returned opposing the request. Staff is recommending the Commission forward a
favorable recommendation for the rezone to the Assembly, and is recommending granting the
request for a conditional use permit, with appropriate conditions of approval.
COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly
approve a rezone according to KIBC 17.205.030.B, of Tract A, Lot 2, Block 17, Ouzinkie
Townsite Subdivision from R1- Single - family Residential to UNC -Urban Neighborhood
Commercial, and to adopt the findings of fact in the staff report dated October 5, 2012 as
Findings of Fact for Rezone Case 13 -008.
The public hearing was opened & closed: There was no public testimony.
Discussion
REZONE FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban
Neighborhood Commercial Zoning District is needed for the purpose of removing doubt with
respect to the property's ability to legally support the existing use.
A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban
Neighborhood Commercial Zoning District is justified because no alternative highest & best
use has been presented.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban
Neighborhood Commercial Zoning District would be in conformity with the broad guidelines
of the applicable comprehensive plan.
A rezone from R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood
Commercial Zoning District would provide positive reinforcement to the general principle
that the Zoning Ordinance should be adhered to even in the case of locations not on the
existing Urban Area road system.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
10/17/2012 P &Z Minutes Page 3 of9
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit (CUP), according to
KIBC 17.200, for a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a
satellite communication ground station to be located on Tract A, Lot 2, Block 17, Ouzinkie
Townsite Subdivision, subject to three (3) Conditions of Approval, and to adopt the findings of
fact in the staff report dated October 5, 2012, as Findings of Fact for CUP Case 13 -008.
CUP CONDITIONS OF APPROVAL
[1] A) The City of Ouzinkie is required to submit documentation sufficient to establish
compliance with the terms of KIBC 17.200.030.
B) The documentation required in 1A above must be submitted to the Community
Development Department within one hundred eighty (180) days of the decision date for
Staff review and approval.
[2] The City of Ouzinkie is required to obtain a zoning compliance permit for the existing
building on the subject parcel, and to pay the appropriate "After the Fact" fee.
[3] The City of Ouzinkie / GCI, Inc. is required to install sight- obscuring fencing, a minimum of
eight (8) feet in height, around the installation.
CUP FINDINGS OF FACT
A. Appropriate conditions of approval will ensure that the conditional use will preserve the
value, spirit, character, and integrity of the surrounding area;
B. The conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question;
C. Granting the conditional use permit will not be harmful to the public health, safety,
convenience, and comfort;
D. Documentation submitted with the request ensures 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;
E. This conditional use permit does not pertain to a public use or structure.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case 513 -007. Request Preliminary approval, according to KIBC 16.40, to amend a
note on Plat 84 -46, to allow for forest management and other limited uses such as for
fire protection and power line protection within the platted green belt on Lot 1,
Sawmill Subdivision, and
Amendment of a condition of approval, according to KIBC 17.200, for CUP Case 85 -067
to allow for forest management and other limited uses such as for fire protection and
power line protection with the platted green belt on Lot 1, Sawmill Subdivision. The
applicant is Surf & Turf, LLC and the agent is Reed Owsalt. The location is 1667
Monashka Bay Road, and the zoning is C- Conservation.
Lydick reported this request for preliminary subdivision approval does not rise to the level of
scrutiny that normally accompanies a new subdivision request. The request here focuses on
two components of the original subdivision approval and does not contemplate any lot line or
boundary re- alignments. The petitioner is requesting amendment of an existing plat note that
mandates that the platted greenbelt remain in its natural state, and amendment (or
interpretation) of an accompanying conditional of approval that outlines acceptable activity
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within the greenbelt. Two issues are paramount in staff's perspective; 1) the Commission's
receptivity to existing incursions into the greenbelt which have altered its natural state, and
2) an appropriate interpretation of timber or forest management practices. Five (5) public
hearing notices were mailed on September 7, 2012. Two (2) notices have been returned
opposing the request and(1) notice has been returned supporting the request. Staff is
recommending Commission of the plat note amendment with one attached condition of
approval, and staff is recommending amendment of CUP #85 -067, with an attached
stipulation of approval.
In response to COMMISSIONER SCHMITT'S inquiry that on next month's agenda will be the
borough to rezone the landfill case, is that correct, Lydick stated that is correct.
COMMISSIONER SCHMITT asked if they will be required to get a CUP to go along with that,
Lydick said they would be required to get the CUP. COMMISSIONER SCHMITT stated with that
CUP we could put a condition of approval that the borough maintain a greenbelt along the
roadway, could we not, Lydick stated he believes it's in the commission's authority.
COMMISSIONER VAHL MOVED to grant preliminary approval, in accordance with KIBC 16.40,
for the amendment of a plat note on Plat 84 -46, to allow for forest management and other
limited uses such as for fire protection and power line protection within the platted green belt
on Lot 1, Sawmill Subdivision, subject to one (1) condition of approval, and to adopt the
findings contained in the staff report dated October 7, 2012 as Findings of Fact for Case 513-
007.
The public hearing was opened. Public testimony was given by:
Reed Oswalt stated he came to withdraw the petition because he's been told that this is not
following the intent that he had. That note that's on our plat was put on him originally because
he wanted the protection of a greenbelt, not only there but also between himself and the
landfill, and also behind on our slope we are replanting that so that when we are done all of
our flat land that's not valuable as far as being flatland will be a greenbelt. We've been at this
for over 30 years now and that greenbelt in front is being enhanced with 4 ponds for fire
protection, we have it set up with a road that's in question that was put in years ago by
himself and Earl Smith the Fire Chief. The reason was that it gave protection from Marmot
Drive. Smith could put a pumper there and run a hose all the way to Marmot Drive. All Oswalt
wanted on the plat was that the greenbelt would be maintained using the criteria from the
Forestry book that he's used since 1977 or 78. By having this book named for that criteria for
this greenbelt is the safest way to ensure that it's still being used. He's been told to withdraw
his petition because it's not following the intent. If you want to change it so it follows the
intent he would appreciate it. We appreciate having the greenbelt with the trees there.
In response to COMMISSIONER SCHMITT'S inquiry to Oswalt, it's in the staff report that
there's at least one other greenbelt area in the borough which is the landfill area but the code
doesn't speak to what a greenbelt is and rather than doing sort of a piecemeal plat specific
trying to define greenbelt would you be more comfortable in having something in the code
that says this is what a greenbelt is and it would be maintained to some specific standards,
Oswalt said as long as it's maintained to standards. What really got him when Oswalt read this
was the fact that if he goes with what's in here (staff report) if you go to page 5 through 8
you'll find there's a lot of things put in there that gives you an idea what he's after. If you go to
page 4 of 8 of the front part you'll find my intent that was ignored and was a surprise. He
brought the handbook in so they could see what he's been using.
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During discussion Oswalt was asked if he would be willing to work with staff to get something
that he would want in front of us. Oswalt answered yes, he would but we should postpone for
more than a month.
The public hearing was closed.
COMMISSIONER SCHMITT stated he'd like to see something in the code before now and May
because the concept of a greenbelt that's not just for your property but for the adjacent
property and maybe other places in the borough to come forward.
COMMISSIONER VINBERG said he'll bring this up at the PAC meeting and once it moves up to
the P &Z we can look at it even harder as the commission.
COMMISSIONER SCHMITT MOVED to postpone until the May 2013 regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case 513 -005. Request Preliminary approval, per KIBC 16.40, of the subdivision of
Lot 2A, Block 1, Holland Acres, 1st Addition, creating Lots 2A -1 through 2A -8,
Cottonwood Cove Subdivision. The applicant is Art & Arlene Zimmer. The location is
170 Island Lake Road and the zoning is B- Business.
Lydick stated this request for preliminary subdivision approval has the potential be a case
study in the Commission's attentiveness to its responsibility as outlined in KIBC 16.10.010 C.
The passage "...in order to provide the best subdivision of land" need not be interpreted as
"any old subdivision will do ". This plat presents lot configurations and the retention of
existing buildings that seem to imply that the owner /developer's over - riding emphasis is to
retain as much of the old as possible, with little regard for the future fit of the development
into the evolving neighborhood. With a total of nine (9) suggested conditions of approval, the
written staff report relays some trepidation from staff's perspective. It is especially
troublesome when staff suggests that some lots be restricted, by plat note, from uses that are
permitted uses in the applicable zoning district. The creation of "boutique zoning districts" via
the subdivision process should be discouraged by all possible means. Thirty one (31) public
hearing notices were mailed on September 4, 2012. One (1) notice has been returned
supporting the request. Staff is recommending the Commission grant preliminary approval,
subject to nine (9) conditions of approval.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, subject to the conditions of
approval contained in the staff report dated October 5, 2012, and to adopt the findings in that
staff report as "Findings of Fact" for this case.
The public hearing was opened. Public testimony was given by:
Art Zimmer stated he'd like to know what those 9 conditions would be and he has nothing. If
they are already in print he'll look at those later but he wasn't given those.
COMMISSIONER SCHMITT MOVED to take a brief recess until 7:45.
VOICE VOTE ON MOTION CARRIED.
CHAIR TORRES reconvened the meeting at 7:44 p.m.
Mr. Zimmer looked through the list and does that #1 mean that it will be postponed until
December's meeting, is that what you are saying? Needing perhaps some research on the
other points you suggest another meeting in December, is that right?
10/17/2012 P &Z Minutes Page 6 of 9
Lydick stated at the time the staff report was written staff was not aware or did not catch on
to the fact that the subdivider is proposing vacating an existing easement so that would
require a separate review action. At this point in time, Lydick thinks where we're going with
this is we are asking the commission to grant preliminary approval to the concept subject to
coming back to look at this vacation easement.
Zimmer asked Lydick what easement he's speaking about, he doesn't know of any. He didn't
know that we were vacating any easements. Are we? There was an earlier survey that Ecklund
did that showed the easterly side that showed some easement there for utility that the
surveyor indicated would be vacated, It's not required, we don't need it. Is that what you are
needing? And how to do that he's not sure what you want to do.
Lydick stated that it's indicated on the plat that's going to be vacated. We are proposing that
we come back and go through this action again.
Zimmer said #2 is OK, #4, it's already zoned commercial, all this property and he's not sure
why you need a note that prohibits commercial development. He thought commercial zoning
permits any kind of commercial development. What do you mean by #4?
Lydick stated that Mr. Zimmer wants to engage in a conversation here and that's not the
process at this point in time.
Zimmer said he's supposed to comment on these conditions of approval and asking about
them I don't know what you mean by that. #'s 5 and 6. Line weight he's unclear about that, can
someone explain that, he'd like to know.
CHAIR TORRES stated there seems to be a lot of questions on this case that he can't answer
and once the public hearing is closed he is going to ask for a postponement until these things
can be cleared up.
Zimmer stated he was not informed of these conditions earlier, not until now so he wasn't
able to speak to them to staff earlier.
The public hearing was closed:
COMMISSIONER SCHMITT said the staff report has been available for a week and we had the
work session last week where we talked about this. This is done in advance so if there are
questions we can get them resolved.
COMMISSIONER SCHMITT MOVED to postpone this case until the December regular meeting.
ROLL CALL VOTE ON POSTPONEMENT MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
There was none.
NEW BUSINESS
A) CASE N /A. Request an investigation of the Commission's authority to engage in a
dialogue addressing the issue of off - street parking requirements and on- street space
availability along the Shelikof Street Corridor. The location is 210 Shelikof Street to 715
Shelikof Street. The zoning is B- Business and I- Industrial.
Lydick reported this memo is to inform the Commission that staff has not been derelict in its
duty to respond to Commission directives. This memo finds that the Commission likely does
have broad powers to address issues that come before it within the realm of borough
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planning. However, this memo also reminds the Commission of existing time commitments,
and fiscal constraints. Staff is recommending that the Commission recognize certain priorities
and delay formulation of any major initiative until our current work load has been reduced.
COMMISSIONER SCHMITT MOVED to postpone this until the February 2013 agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) INTRODUCTION OF PROPOSED BYLAWS AMENDMENT
COMMISSIONER SCHMITT gave notice of proposed bylaw changes to be addressed at the
November regular meeting.
Suggested proposed changes are as follows:
ARTICLE IX— Procedure
D. New Information
Staff shall not give to the Commission any new information received less than fifteen (15)
days prior to a regular meeting date. Staff shall inform the Commission of new information
received after the fifteen (15) day deadline. That new information may be considered by the
Commission for action at a future meeting or referred to the staff for study.
COMMISSIONER SCHMITT MOVED to introduce proposed changes for consideration on the
next agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
COMMUNICATIONS
A) September 19, 2012 P&Z Public Hearing Results Letters
B) Memo Regarding the Appeal of Case 13 -006
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• October 25, 2012 P &Z /P &R Quarterly Update to the Assembly
• November 14, 2012 work session at 6:30pm in the KIB Conference Room.
• November 21, 2012 regular meeting at 6:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
• August 14, 2012 Parks & Recreation Committee
C) Abbreviated and Final Approval - Subdivisions
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
There were none.
COMMISSIONER'S COMMENTS
Rick Vahl said it's unusual for us to postpone cases; we like to see them go through. He thinks
with the 2 scenarios it's a good opportunity to work with the applicants.
10/17 /2012 P &Z Minutes Page 8 of9
Alan Schmitt said the concept of the greenbelt and coming up with a functional definition of it
that could be codified is a good approach and he doesn't want to prejudge the case but he will
be looking at that for a condition of approval for the case next month involving the landfill.
The borough should be held to the same standards and a greenbelt along the highway there
would certainly add a lot for the overall public welfare. Schmitt also said he doesn't know
what was going on with Mr. Zimmer's case, it would seem like someone that submits a case for
a subdivision would know to come to the meeting, read the staff report and get a feel for
what's going on. The reason it takes so long is because we have to go through the notice and
public hearing process. He attended his first P &R meeting and will try to make the most of it.
Alan Torres stated we have training in Anchorage November 11 - 13 Torres will not be able
to attend the work session next month.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
CHAIR TORRES adjourned the meeting at 8:22 p.m.
KODIAK ISLAND BOROUGH
PLANNING & ZQ► t G COMMISSION
Alan Torres, Chair
ATTEST
By: itinaireti,CD 7
Sheila Smith, Secretary
APPROVED: November 21, 2012
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