2014-05-21 Regular MeetingKodiak Island Borough
Planning & Zoning Commission
Minutes
Ma 21, 2014 6:30
.m. in
RECEIVED
JUL 2 3 014
BOROUGH CLERK'S OFFICE
KODIA ALASKA
CALL TO ORDER
CHAIR TORRES called to order the May 21, 2014 regular meeting of the Planning and Zoning
Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance
ROLL CALL
Requested to be excused is Kathy Drabek and Maria Painter.
Commissioners present were Alan Torres, Alan Schmitt, Jennifer Richcreek, Scott Arndt, and Pat
Olsen. Excused were Kathy Drabek and Maria Painter
A quorum was established.
COMMISSIONER ARNDT MOVED to excuse Kathy Drabek and Maria Painter.
VOICE VOTE ON MOTION UNANIMOUSLY
Community Development Department staff present was Bob Pederson, Martin Lydick, Jack Maker,
and Jenny Clay (filled in for Sheila Smith).
APPROVAL OF AGENDA
COMMISSIONER ARNDT MOVED to approve the May 21, 2014 Planning & Zoning Commission
agenda.
VOICE VOTE ON MOTION CARRIED UNIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER ARNDT MOVED to approve the April 16, 2014 regular meeting minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
None.
PUBLIC HEARINGS
A) Case 14 -015. Request a variance to construct an 80' high microwave communications
tower on unimproved City right -of -way (within Section 28, T.37S, R.31W, Seward Meridian)
that exceeds the Single-family Residential zoning district 35' building height limit (KIBC
17.195 and 17.75.060). The applicant is the City of Akhiok/Old Harbor Native Corporation and
the agent is Kodiak Microwave System, LLC. The location is City of Akhiok unimproved 4th
Avenue Right -Of -Way and the zoning is R -1 — Single - family Residential.
Maker reported this request is for the construction of an 80' high microwave communications tower
that exceeds the R1 zoning district building height limit. The project is an effort to bring broadband
telecommunications services to Akhiok. It's geographical location requires an 80' high tower to
receive the signal needed. Six public hearing notices were mailed out and no comments were
returned. Staff recommended approval.
COMMISSIONER SCHMITT MOVED to grant a variance to construct an 80' high microwave
communications tower on unimproved City of Akhiok right -of -way (within Section 28, T.37S, R.31W,
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Seward Meridian) that exceeds the Single - family Residential zoning district 35' building height limit
by 45' (KIBC 17.195 and 17.75.060), subject to four (4) conditions of approval and to adopt the
findings listed in the staff report dated May 7, 2014 as "Findings of Fact" for Case No. 14-015.
The public hearing was opened and closed: There was no public testimony.
Brief discussion
CONDITIONS OF APPROVAL
1. To prevent entry by the general public, a six foot tall fence shall be constructed around the
perimeter of the site. Signs prohibiting entry by unauthorized personnel shall be posted on the
four outer sides of the fence.
2. The natural vegetation immediately surrounding the facility will be preserved to the maximum
extent possible.
3. Should the site be abandoned for any reason, the site will be cleared of all improvements and
returned to a natural state within one year of abandonment.
4. Further review will be required prior to any modification that would substantially alter the visual
impact or permitted purpose of the facility.
FINDINGS OF FACT (KIBC 17.195.050)
1. The geographical location of the City of Akhiok requires the use of a communications tower that
exceeds the tower height required to provide similar broadband Internet and telecommunications
services to other communities.
2. The strict application of the provisions of this title would result in the inability to provide
broadband telecommunications services to the residents of the City of Akhiok and surrounding
area.
3. Granting the variance will benefit the surrounding community. Conditions of approval will
prevent material damage or prejudice to other properties and protect the public's health, safety,
and general welfare. The project is designed in accordance with acceptable engineering
standards and will be constructed, maintained, and operated in accordance with all applicable
federal, state, and local requirements.
4. Granting the variance will allow the provision of telecommunications services that support
Comprehensive Plan objectives.
5. The applicant did not cause the special conditions from which relief is being sought. The special
conditions are the result of the City of Akhiok's geographical location.
6. Granting the variance will allow the construction of a communications tower; such utility
installations are a permitted use in public rights -of -way.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case 14 -016. Request a Conditional Use Permit to construct a 28' tall communication
repeater tower on a site approximately 17.3 miles east of the City of Akhiok (within Section
21, T.38S, R.28W, Seward Meridian) (KIBC 17.200 and 17.60.040.H). The applicant is Akhiok -
Kaguyak Inc. and the agent is Carl Gatter!Kodiak Microwave Systems. LLC. The location is
approximately 17.3 miles east of the City of Akhiok and the zoning is C- Conservation.
Maker reported this case follows 14 -015. The tower is also part of the Kodiak Microwave Systems
effort to bring telecommunications services to Akhiok. The tower will send and receive an existing
signal that is required to provide these services. The tower will be on a lease portion of Conservation
zoned property. Staff recommended approval.
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit to construct a 28' tall
communication repeater tower on a site approximately 17.3 miles east of the City of Akhiok (within
Section 21, T.37S, R.28W, Seward Meridian) (KIBC 17.200 and 17.50.040.H), subject to three (3)
conditions of approval and to adopt the findings of fact listed in the staff report dated May 7, 2014 as
"Findings of Fact" for Case No. 14 -016.
The public hearing was opened and closed: There was no public testimony.
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Brief discussion
CONDITIONS OF APPROVAL
1. The natural vegetation immediately surrounding the facility will be preserved to the maximum
extent possible.
2. Should the site be abandoned for any reason, the site will be cleared of all improvements and
retumed to a natural state within one year of abandonment.
3. Any modification that would substantially alter the visual impact or permitted purpose of the
facility will require a new Conditional Use Permit.
FINDINGS OF FACT (KIBC 17.200.050)
1 The Conditions of Approval for this conditional use adequately address aesthetic and visual
concerns and will preserve the value, spirit, character, and integrity of the surrounding area.
2. The conditional use will fulfill all the requirements of the C- Conservation zoning district.
3. This facility will not be harmful to the public health, safety, convenience, or comfort. The project
is designed in accordance with acceptable engineering standards and will be constructed,
maintained, and operated in accordance with all applicable federal, state, and local
requirements.
4. The facility is located within the boundaries of C- Conservation zoned land that far exceeds the
minimum five (5) acre area requirement and provides for sufficient setbacks, buffers, and other
safeguards.
ROLL. CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case S14 -013. Request Preliminary approval of the replat of Lots 13B -1 and 13F -1, U.S.
Survey 3100 and the vacation of access and utility easements on Lot 13F -1 and a 10' sewer
easement on Lot 13B -1; creating Lot 13B -2, U.S. Survey 3100 (KIBC 16.40 and 16.60). The
applicant is James Poulos and the agent is Horizon Land Surveying. The location is 3022 and
3064 Spruce Cape Road and the zoning is R2- Two - family Residential.
Lydick reported this application for a replat is for the purpose of combining two lots and vacating an
access easement and a utility easement. Thirty -four public hearing notices were mailed and no
written comments have been returned. Three utilities returned comments voicing no objection.
COMMISSIONER ARNDT MOVED to grant preliminary approval of the replat of Lots 13B -1 and
13F -1, U.S. Survey 3100 and the vacation of access and utility easements on Lot 13F -1 and a 10'
sewer easement on Lot 13B -1; creating Lot 13B -2, U.S. Survey 3100 and to adopt the findings in the
staff report dated May 21, 2014 as "Findings of Fact" for case S14 -013.
The public hearing was opened and closed: There was no public testimony.
Brief discussion
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy 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 of land that is consistent with adopted Borough plans for this
area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case S14 -011. Request Preliminary approval of the subdivision of Lot 5A, Block 1,
Shahafka Acres Subdivision, creating Lots 5A -1 through 5A -5, Block 1, Shahafka Acres
Subdivision (KIBC 16.40). The applicant is Brent Arndt and the agent is St. Denny Surveying.
The location is 385 Shahafka Circle and the zoning is R2- Two - family Residential.
Maker reported this request is for a subdivision of 1.26 acre lot into 5 lots. It's consistent with the
exhibited development trends of the surrounding area. The lot sizes are consistent with existing lot in
the area. Staff and review agencies have identified issues to be addressed through conditions of
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approval. Thirty -four public hearing notices were mailed out. Five written comments were returned
including a petition signed by 17 nearby residents. Staff recommended approval.
COMMISSIONER SCHMITT MOVED to grant preliminary approval of the subdivision of Lot 5A,
Block 1, Shahafka Acres Subdivision, creating Lots 5A -1 through 5A -5, Block 1, Shahafka Acres
Subdivision (KIBC 16.40), subject to seventeen (17) conditions of approval and to adopt the findings
in the staff report entered into the record for this case as "Findings of Fact" for case 514-011.
Close regular meeting & open public hearing:
Brent Arndt, applicant, spoke in support stating the reason he's able to subdivide 5 Tots instead of 4
is that he acquired some land from an adjacent lot. With the access coming through flaglots he will
include a plat note stating the cost of upkeep for the flagstem will be shared.
In response to COMMISSIONER SCHMITT'S inquiry if Arndt would have a problem with an 18th
Condition of Approval stating the maintenance of the flagstem be shared, Arndt replied no, he
wouldn't object.
Close public hearing & open regular meeting:
Discussion of subdivision process, codes, and conditions of approval.
COMMISSIONER SCHMITT MOVED TO AMEND the motion to add Condition of Approval #18 -A
plat note requiring the users of the flagstem to share in the cost of its maintenance and upkeep.
CONDITIONS OF APPROVAL
1. A Zoning Compliance Permit for the construction of a one or two - family residence on Lot 5A -3
shall be obtained within six (6) months of the recording date of the Final Plat. Construction shall
commence within six (6) months of the date Zoning Compliance is issued. The detached garage
on Lot 5A -3 shall be demolished within thirty (30) days if these conditions are not satisfied.
2. Building Department inspections shall be completed and a Certificate of Occupancy shall be
obtained for the detached garage on Lot 5A -1 prior to submittal of the Final Plat.
3. All utility installations (electric, water, and sewer) shall be identified on the Final Plat. Utility
installations on a lot other than the lot they serve shall be placed within a dedicated utility
easement prior to submittal of the Final Plat.
4. Any utility connections shared by the residence on Lot 5A -1 and the garage on Lot 5A -3 must be
separated prior to submittal of the Final Plat. Any new utility installations serving the garage on
Lot 5A -3 shall be placed within a dedicated utility easement.
5. Prior to Final Plat approval, a ten (10) foot wide utility easement shall be established along the
southern property line of Lot 5A -5.
6. Prior to Final Plat approval, a ten (10) foot by twenty-five (25) foot utility easement shall be
established around the existing utility pole anchor and down guy on the eastern portion Lot 5A -3.
7. Prior to Final Plat approval, the drainage ditch along the eastern property lines of Lots 5A -5 and
5A-4 shall be extended to the northern comer of Lot 5A -3.
8. Prior to Final Plat approval, an eighteen (18) inch culvert shall be installed to connect the
drainage ditch to each side of the driveway located on the flag stems of Lots 5A -1 and 5A -2.
9. The Preliminary Plat shall be submitted to the Alaska Department of Fish and Game for review.
Any recommended development constraints pertaining to the creek that crosses Lots 5A -1 and
5A -2 shall be incorporated into the Final Plat.
10. Driveway access to Lot 5A -3 shall be restricted to the access and utility easement identified on
the flag stems of Lots 5A -1 and 5A -2. The Final Plat shall contain a note restricting driveway
access to that easement.
11. The name of the subdivision shall be placed above the identification of "Block 1" on the Final
Plat.
12. The full address of subdivider shall be included on the Final Plat.
13. The bearings for the eastern property lines of Lots 5A -3, 5A-4, and 5A -5 shall be legible on the
Final Plat.
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14. The bearings for portions of proposed access and utility easements on Lots 5A -1 and 5A -2 shall
be identified on the Final Plat.
15. Plat 67 -18 shall be listed as a reference plat on the Final Plat.
16. Plat notes 1 (copyright) and 2 (errors or omissions disclaimer) shall be removed from the Final
Plat.
17. A plat note prohibiting further subdivision of Lots 5A -1 and 5A -2 shall be included on the Final
Plat.
18. A plat note requiring the users of the flagstem to share in the cost of its maintenance and
upkeep.
FINDINGS OF FACT
1. With the adoption of specific conditions of approval, this plat meets the minimum data required
by Kodiak Island Borough Code 16.40.040.
2. With the adoption of specific conditions of approval, this plat meets the minimum design
requirements of Kodiak Island Borough Code 16.40.050.
3. This plat provides a subdivision of land that is not detrimental to the public's health, safety, or
general welfare.
4. This plat provides a subdivision of land that will not result in material damage or prejudice to
other properties in the area.
5. This plat provides a subdivision of land that is consistent with adopted Borough plans for this
area.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENED CARRIED UNANIMOUSLY
E) Case 14 -017. Request a Variance to construct a garage that encroaches 8' into the
required 25' front yard setback and a 7' encroachment into 40' centerline Mission Road
setback on Lot 7A, Urdahl Subdivision (KIBC 17.195, 17.75.050.A, and 17.155.010). The
applicant is Jennifer Warner. The location is 1812 Mission Road and the zoning is R1- Single-
family Residential.
Lydick reported these requests for variances are for completing a remodel project of an ocean front
property on Mission Road. The request for variances has come to the commission prior to any
construction being undertaken by the property owner. Thirty-one public hearing notices were mailed
out and one written comment was returned. Staff recommended approval of both variances.
COMMISSIONER RICHCREEK MOVED to grant a variance to construct a detached garage that
encroaches 8' into the required 25' front yard setback and 7' into the required 40' setback from the
centerline of Mission Road right-of-way on Lot 7A, Urdahl Subdivision, and to adopt the findings in
the staff report dated May 21, 2014 as "Findings of Fact" for Case 14 -017.
Close regular meeting & open public hearing:
Jennifer Warner, applicant, spoke in support stating she has explored all options to build a garage to
store their vehicles and other equipment. Due to exorbitant costs associated with engineering and
the shape of the lot she has tried to minimize any encroachment into the setback.
In response to COMMISSIONER SCHMITT'S inquiry of examples of exorbitant costs, Luke Smith,
the General Contractor, stated they have looked at tying into the building, setting back, they have
the ocean bluff that runs along the back and where the costs come is there is an 8' embankment that
hangs off the back side. By pushing back the distance on the front of the garage they won't be able
to put a vehicle in the garage. As proposed it would roughly cost about $70,000 and if we built out
over the cliff trying to support it down to the beach it would be in excess of $100,000.
Kate Ballenger spoke opposing Case S14 -011.
CHAIR TORRES explained that they are in the public hearing for Case 14017 and encouraged her
to listen to the audio recording to find out how the decision was made for that case.
Close public hearing & open regular meeting:
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Brief discussion.
FINDINGS OF FACT
17.195.050 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.
Typical residential properties have greater lot depth than width. The subject property suffers from a
negative depth to width ratio.
The subject parcel is also constrained by its' location abutting ocean waters. Natural forces have
combined over time to reduce the available building area to a size considerably smaller than
typically enjoyed by residential parcels in the same zoning district.
There are also physical site constraints of the existing power pole and down guys that further restrict
the developable area of the lot.
17.195.050 A.2. Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
Strict application of the zoning ordinance would impose unnecessarily high economic costs upon the
property owner in order to develop a residential garage, an amenity typically enjoyed by residential
properties.
Strict application of the zoning ordinances would work to deprive the property owner of a reasonably
subsidiary residential use of what little land is available for development.
17.195.050 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.
The property owner has proactively worked with neighbors and contractors in order to respect the
existing neighborhood character and to preserve, to the extent possible, the current viewscape
enjoyed by neighbors and the motoring public.
The new garage will adhere to all applicable building codes and will not represent a danger to the
public health, safety, or welfare.
17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
The Comprehensive Plan designates this area as Urban Residential. Granting the variance will not
allow the establishment of a use contrary to the guidelines contained in the Comprehensive Plan.
17.195.050 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 applicant is acting proactively and has not engaged in any construction prior to seeking relief
through the variance process.
17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in
the district involved.
Granting the variance will allow the construction of a detached residential garage, a permitted
accessory use in the applicable zoning district.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
F) Case 14 -014. Request a Comprehensive Plan amendment to change the Future Land Use
Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to
CommerciallBusiness (KIBC 17.205). The applicant is Alagnak, Inc. The location is NHN Cove
Drive and the zoning is R2- Two - family Residential
Director Pederson stated the applicant requested postponement to the next regular meeting.
COMMISSIONER ARNDT MOVED postpone to the June 18, 2014 regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
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OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A) April Planning and Zoning Results Letters
B) Notice of Violation dated April 3, 2014
C) Letter of Courtesy & Advisory dated April 11, 2014
D) Notice of Violation dated April 11, 2014
E) Adoption of Ordinance FY2014 -17 Action Letter dated April 18, 2014
F) Letter Re: Complaint dated May 5, 2014
G) Letter re: Complaint dated May 6, 2014
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION
REPORTS
A) Meeting Schedule:
The P &Z will be reviewing the draft revisions to Title 16 (Subdivisions), Title 17 (Zoning), and Title
18 (Borough Real Property in a series of special meeting and regular meetings on the following
dates.
• May 28, 2014 - Special Work Session -6:30 p.m. -KIB Conference Room
• June 2, 2014 - Special Work Session -6:30 p.m. -KIB Conference Room
• June 4, 2014 - Special Work Session -6:30 p.m. -KIB Conference Room
• June 9, 2014 - Special Work Session -6:30 p.m. -KIB Conference Room
• June 11, 2014 - Packet Review Work Session -6:30 p.m. -KIB Conference Room
• June 16, 2014 - Special Work Session -6:30 p.m. -KIB Conference Room
• June 18, 2014 - Regular Meeting -6:30 p.m.- Assembly Chambers
• June 23, 2014- Special Work Session -6:30 p.m. -KIB Conference Room
• June 25, 2014- Special Work Session -6:30 p.m. -KIB Conference Room
• June 30, 2014 - Special Work Session -6:30 p.m. -KIB Conference Room
This schedule may be adjusted as necessary to make efficient use of the Commission's time.
Accordingly, any Title may be discussed at any given meeting. Please check our website for
updates.
B) Abbreviated & Final Approvals - Subdivisions
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
Scott Bonney stated he has lived in Chiniak since 1989 and has noticed a change. He expressed
concern about the possibility of losing the 830 acres of Chiniak land to logging and the devastation it
would cause to Chiniak. He'd like to start a process of engagement with Community Development
Department, Planning and Zoning Commission, and the Assembly to say "what is Chiniak and how
does the borough help us make it a good part of Kodiak." The discussion should be raised up. What
he's looking for is to put the 830 acres off limits for now while this is figured out.
Bonnie McCarthy stated she would like to echo what Bonney said and they are looking to preserve
the 830 acres in Chiniak possibly by rezoning it from Conservation to Natural Use District. The land
around the borough property has been clear cut and the 830 acres is some of the last remaining
habitat in Chiniak for the community to access to fish, hunt, and for the wildlife.
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COMMISSIONER'S COMMENTS
Jennifer Richreek thanked the borough for having the land sale auction and she was pleased to see
the successful results. She appreciated the move towards opening up more land and allowing
development to occur.
Alan Schmitt agreed with Richcreek's comments. He said he hopes Ms. Ballenger listens to the
recording and he re- assured everyone that the packet and all submitted comments were read and
considered. It was clear that the comments were heartfelt but Mr. Arndt has the right to develop his
land. He encouraged her to pursue any appeal rights. The third comment relates back to the first 2
cases with getting connectivity into Akhiok. He looked at the Comp Plan and it says absolutely
nothing about the Internet and the role it has come to play in our lives. Its something we need to
look at again. The villages are entitled to this but he thinks it's a good thing for Kodiak to have lots of
the island that you can't get connected to because people also want to get away.
ADJOURNMENT
COMMISSIONER ARNDT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR TORRES adjoumed the meeting at 7:47 p.m.
KODIAK ISLAND BOROUGH
PLANNING ADD ZON$N124ZOMMISSION
Alan Torres, Chair
ATTEST:
By: trin
Sheila Smith, °y'- ecretary
Community Development Department
APPROVED: July 16, 2014
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