2014-06-18 Regular Meeting Kodiak Island Borough Jai
Planning & Zoning Commission 2 3 2014
Minutes BOROUGH CLERICS OFFICE
KO IAK.ALASKA
June 18, 2014 6:30 p.m. in the Assembly Chambers
CALL TO ORDER
CHAIR TORRES called to order the June 18, 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
Commissioners present were Alan Torres, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Maria
Painter, Scott Arndt, and Pat Olsen.
A quorum was established.
Community Development Department staff present was Martin Lydick, Jack Maker, and Sheila
Smith.
APPROVAL OF AGENDA
COMMISSIONER ARNDT MOVED to approve the June 18, 2014 Planning & Zoning Commission
agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
None
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
None
PUBLIC HEARINGS
A) Case14-014 (Postponed from the May 21, 2014 Regular Meeting). Request a
Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,
Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205).
The applicant is Alagnak, Inc. The location is NHN Cove Drive and the zoning is R2-Two-
family Residential.
Associate Planner Martin Lydick reported the Kodiak Island Borough Comp Plan is a guide to
growth and development that includes inventory and analytical sections leading to
recommendations for future economic development, housing, recreation and open space,
transportation, community facilities, and land use, all related to the community's goals and
objectives. The local plan lists identify an adequate supply of land to meet future needs for homes
and businesses including commercial and industrial uses as a high priority implementation action.
It also lists factors to be considered prior to amending a land designation that include; the need to
support potential economic growth sectors, the level of need should be based on an assessment of
trends in population growth and in specific economic sectors, and potential conflicts with adjacent
land uses. The applicant's petition for a Comp Plan amendment does not identify any need or
trend, and offers no justification. Staff provided a regular staff report and supplemental staff report
that includes specific exhibits, documentation, and historical references. Thirty one public hearing
6/18/20 P&Z Minutes Pagel of 9
notices were sent out, and one written comment opposing this request was submitted. Staff
recommended denial of this request.
COMMISSIONER ARNDT MOVED to recommend a Comprehensive Plan amendment to change
the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to
Commercial/Business, and to adopt the findings of fact as presented in the staff report as"Findings
of Fact"for Case No. 14-014.
Close regular meeting & open public hearing. Public testimony was given by:
Ben Polum, Division Manager of Kodiak Northern Sales, spoke in support of the request stating
they have been a tenant since 1999 at this location and he requested the enclosed dock for safety
reasons.
Mark Anderson, agent, provided documents to the commission and spoke in favor of the request
stating this property was zoned Business according to Ordinance No. 86-37, in approximately 1991
Lots S-1B and SAA were platted, in 1992 the Elizabeth F warehouse was completed, then a piece
of property was sold to Wal-Mart and it was replatted to Lots 1 — 8, Alagnak Acres. Lot S-B1 was
zoned Business and there is no ordinance on record that rezoned that property again, and there is
an error in the Comp Plan.
Close public hearing and open regular meeting.
Discussion of supplemental information, Ordinance 86-27 not listed as part of zoning history,
vacating lot line, a complicated history, uses permitted table, impacts, legal ordinance trumps
zoning map, predominately Business, operating for over a decade, and cleaning it up so it's in
conformance.
COMMISSIONER SCHMITT requested Planner Lydick respond to Mr. Anderson's assertion that
Ordinance 86-37 is the controlling ordinance for this Lot and does it make this lot Business rather
than RR1, Lydick stated there is the possibility that staff has been in error at some point but we
don't believe so.; however, from a technical standpoint, the official zoning of Kodiak Island Borough
depicts this lot as R-2. In these types of cases the depiction of the official zoning map takes
precedence and controls.
COMMISSIONER ARNDT MOVED TO AMEND the motion to read to recommend a
Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak
Acres Subdivision from Urban Residential to Commercial/Business.
ROLL CALL VOTE ON AMENDMENT CARRIED 43. THE AYES WERE COMMISSIONERS
TORRES, RICHCREEK, PAINTER, AND ARNDT. THE NOES WERE COMMISSIONWER
SCHMITT, DRABEK, AND OLSEN
Discussion regarding the fiaglot surrounded by Business, proposed lot being surrounded by
residential, wanting to see where it says the official zoning map takes precedence over the
ordinance,
COMMISSIONER SCHMITT MOVED TO CONTINUE to the July 16, 2014 Planning and Zoning
regular meeting.
Discussion
ROLL CALL VOTE ON MOTION TO CONTINUE CARRIED 43. THE AYES WERE
COMMISSIONERS TORRES, SCHMITT, DRABEK, AND OLSEN. THE NOES WERE
COMMISSIONERS RICHCREEK, PAINTER, AND ARNDT.
CHAIR TORRES called a recess at 7:30 p.m.
CHAIR TORRES reconvened the regular meeting at 7:35 p.m.
6/18/20 P&Z Minutes Page 2 of 9
B) Case 14-003. Request a Conditional Use Permit to establish a church within a portion of
a business building (KIBC 17.90.030.A and 17.200). The applicant is MK Enterprises, LLC
and the agent is Kevin Arndt. The location is 216 Shelikof Street and the zoning is B-
Business.
Lydick reported this Conditional Use Permit would allow the property owner to establish a place of
worship within an existing building located in the B-Business Zoning District. The application relies
upon the shared parking concept allowed in KIBC 17.175.040.E. Staff was unable to find any
speck negative impact to surrounding businesses as a result of such establishment. Forty-seven
public hearing notices were sent out. Two comments were returned expressing support for the
request and one comment urging caution in granting the request. Staff recommended the
commission approve the request with one condition of approval.
COMMISSIONER SCHMITT MOVED to grant a conditional use permit, per KIBC 17.90.030 A, to
establish a church within a portion of a business building, according to KIBC 17.200, subject to (1)
condition of approval, and to adopt the findings as presented in the staff report as "Findings of
Fact"for Case 14-003.
Close regular meeting & open public hearing:
None
Close public hearing & open regular meeting:
Discussion
CONDITIONS OF APPROVAL
1. In order to ensure "fixed seating" is limited to 36 occupants, the applicant is required to
permanently affix the seating to the floor of the principal place of assembly by means of bolts
driven into the concrete floor, or similar means or devices acceptable to the Building Official.
FINDINGS OF FACT
17.200.050 A. That the conditional use will preserve the value, spirit, character and integrity
of the surrounding area.
The location is within an established business zoning district. Public comment indicates
surrounding property owners discern no negative impact emanating from the requested use.
17.200.050 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
Adopted conditions of approval will ensure occupancy limitations are observed.
17.200.050 C. That granting the conditional use permit will not be harmful to the public
health, safety, convenience and comfort.
Required building permitting and inspections pertinent to the change in tenancy will ensure the
public's health, safety, convenience, and comfort are not harmed.
17.200.050 D. That sufficient setbacks, lot area, buffers or other safeguards are being
provided to meet the conditions listed in subsections A through C of this section.
The location is within an established business zoning district and well buffered by more than
adequate land area, as well as public rights-of-way, separating the use from non-compatible uses.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
6/18/20 P&Z Minutes Page 3 of 9
C) Case 14-018. Request a Rezone of Lot 2, Block 3, Lakeside Subdivision from 1-Industrial
to LI-Light Industrial (KIBC 17.205). The applicant is Charles R. Pearman II. The location is
2445 Selief Lane and the zoning is Industrial.
Lydick reported this rezone application was submitted in order to develop the property to its
maximum potential without the need for variances. The required setbacks in the Industrial zoning
district combined with the topographical constraints preclude the owner from developing a
serviceable building without costly fill and grading preparation. Downgrading the zoning from
Industrial to Light Industrial will allow the owner to utilize the more liberal setbacks in that zoning
district and gives greater protections from nuisances that could be generated in the Industrial
zoning district. Thirty-nine public hearing notices were mailed out and no comments were returned
supporting or opposing this request. Staff recommended the commission forward this rezone
request to the Assembly with a recommendation for approval.
COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Lot 2, Block 3, Lakeside Subdivision from I — Industrial to Ll — Light
Industrial, and to adopt the "Findings of Fact" as presented in the staff in support of this
recommendation.
Close regular meeting & open public hearing:
Charles (Chaco) Pearman 11, applicant spoke in support of the request stating he wasn't aware of
the extent of the fill and the further back on the lot he went it became deeper and deeper and more
expensive to develop the lot.
Sam Rohrer, adjacent property owner, spoke in support of this request.
Close public hearing & open regular meeting:
Discussion
FINDINGS OF FACT
17.205.020 A. Findings as to the Need and Justification for a Change or Amendment.
The current Industrial zoning burdens the property with setback requirements leading to an
uneconomical allocation of land versus building.
A rezone to Light Industrial zoning would allow efficient development without the use of variances.
17.205.020 B. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
A rezone to Ll—Light Industrial would maintain the designated land use category of the
Comprehensive Plan.
A rezone to Ll—Light Industrial would work to implement the Objectives of the Comprehensive
Plan by;
A rezone to Ll—Light Industrial would reduce"potential conflicts with adjacent land uses,
particularly residential uses and sensitive natural resources".
A rezone to Ll—Light Industrial would allow development where"parcel size, topography, and
other site characteristics as they relate to the requirements of businesses in anticipated growth
industries" are questionable.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
6/18/20 P&Z Minutes Page 4 of 9
D) Case 14-019. Request a Conditional Use Permit to expand the existing Pillar Creek fish
hatchery by constructing a f 4,750 square foot accessory residential/officelwarehouse
building to support fish hatchery operations (KIBC 17.200, 17.60.040.A, and 17.45.040.E).
The applicant is the Kodiak Island Borough and the agent is the Kodiak Regional
Aquaculture Association.
Maker reported this conditional use application is for the expansion of the existing Pillar Creek
Hatchery. Any expansion of the existing hatchery requires a conditional use permit to comply with
current code. The hatchery sits on a split zone tract and the proposed expansion portion will be
located on the Conservation zoned portion that will consist of the demolition of an existing storage
building and the construction of a new 4,750 sq. foot building to be used as offices, warehousing,
and seasonal transient crew quarters in support of the fish hatchery operations. Five public hearing
notices were sent out and no comments were returned by the day of packet preparations. Staff
recommended approval of this request.
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit to expand the existing
Pillar Creek fish hatchery by constructing a t 4,750 square foot accessory residential/office/
warehouse Building to support fish hatchery operations (KIBC 17.200, 17.50.040.A, and
17.45.040.E), subject to four (4) conditions of approval and to adopt the findings of fact listed in the
staff report entered into the record for this case as "Findings of Fact"for Case No. 14-019.
Close regular meeting & open public hearing:
Lee Robbins, Kodiak Regional Aquaculture Association Project Coordinator, spoke in support of
the request stating this is an improvement to the property and the community.
COMMISSIONER ARNDT asked W the applicant would speak regarding adding language to
Condition #2 that states that it may be used for transient seasonal employees working between
May 1$' and October 15'" of each year or a full time caretaker, Robbins stated he thought it was a
great idea and it would be helpful to the facility itself.
In response to COMMISSIONER SCHMITT'S inquiry of was there vandalism at the hatchery and
would a caretaker help keep that from happening, Robbins replied there was vandalism regarding
some King Salmon and a caretaker would help.
In response to COMMISSIONER RICHCREEK inquiry of is there any preparatory work in advance
of May 1" and is May 1st early enough for people to come on site for the season, Robbins replied
the facility is run year round but in the summer more staff comes on board and by creating this
space it allows to get more qualified staff from outside Alaska potentially developing them into full
time staff later on.
Close public hearing & open regular meeting:
COMMISSIONER ARNDT MOVED TO AMEND Condition#2 to read "residential occupancy
striking the words"shall be limited to" and adding "may be used for"transient seasonal employees
working between May 1s'and October 15'" of each year"or a full time caretaker."
Brief discussion
COMMISSIONER SCHMITT MOVED TO AMEND amendment so it reads "a residential occupancy
shall be limited to transient seasonal employees working between May 15' and October le of each
year or a year round caretaker or both."
Brief discussion
ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY
ROLL CALL VOTE ON MOTION TO AMEND FAILED 6-1. THE NOES WERE COMMISSIONERS
TORRES, SCHMITT, DRABEK, RICHREEK, PAINTER, AND OLSEN. THE AYE WAS
COMMISSIONER ARNDT.
6/18/20 P&z Minutes Page 5 of 9
COMMISSIONER RICHCREEK MOVED TO AMEND Condition #2 to residential occupancy shall
be limited to employees of Kodiak Regional Aquaculture Association.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
CONDITIONS OF APPROVAL
1. The natural vegetation immediately surrounding the facility will be preserved to the maximum
extent possible.
2. Residential occupancy shall be limited to employees of Kodiak Regional Aquaculture
Association.
3. Further expansion of the hatchery will require a new or revised Conditional Use Permit.
4. All improvements related to the expansion shall be located on the C-Conservation zoned
portion of the Pillar Creek Hatchery Tract.
FINDINGS OF FACT(KIBC 17.200.050)
1. The conditions of approval will ensure that the conditional use preserves 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. The facility will not be harmful to the public health, safety, convenience, or comfort. The facility
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 provides for
sufficient setbacks, buffers, and other safeguards.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
E) Case 14-020. Request a Conditional Use Permit to allow non-recreational resource
extraction activities (mining) and related structures on C-Conservation zoned land on
Sitkinak Island (KIBC 17.200 and 17.50.040.E). The applicant is Minex International and the
agent is Yoram Paikovich. The location is Sitkinak Island (within T.42S, R.311N, 32, and 331N,
Seward Meridian) and the zoning is C-Conservation.
Maker reported this conditional use permit application is for the establishment of a commercial gold
mining operation and related structures on remote Sitkinak Island. Similar operations on Sitkinak
Island were previously approved by multi-year conditional use permits which expired on September
19, 2012. The proposed operation will be conducted on fourteen mining claims on the southwest
portion of Sitkinak Island. The applicant has been issued a State of Alaska mining permit to
conduct mining activities. Details are in the staff report as well as the mining permit application and
permit. Six public hearing notices were sent out and no comments were returned at the date of
packet preparation but received was an after the deadline comment stating the application was
reviewed and a fish habitat permit was issued. Staff recommended approval of this request.
In response to COMMISSIONER PAINTER'S inquiry of whether staff received an APMA permit,
Lydick stated he doesn't know if we received one.
In response to COMMISSIONER RICHCREEK's inquiry regarding if there was a reason why staff
didn't include the EPA Clean Water requirement for Spill Prevention Control And Counter-
Measures Plan that is triggered at 1,370 gallons of fuel and with 50,000 gallons the plan needs to
be certified by a professional engineer, Maker replied it's the other agencies responsibility to
enforce their regulations. Maker spoke with DEC and Steve Russell recommended we put those
conditions into any conditional use permit that we issue. Maker also spoke with Mr. Palkovich who
assured him that he was only planning on about 10,000 gallons because of the regulations with
50,000 gallons. Staff plans on flying out to look at the area.
CHAIR TORRES called a recess at 8:20 p.m.
CHAIR TORRES reconvened the regular meeting at 8:30 p.m.
6/18/20 P&2 Minutes Page 6 of 9
COMMISSIONER RICHCREEK MOVED to grant a Conditional Use Permit to allow non-
recreational resource extraction activities (mining) and related structures on C-Conservation zoned
land on Sitkinak Island (KIBC 17.200 and 17.50.040.E), subject to nine (9) conditions of approval
and to adopt the findings of fact listed in the staff report entered into the record for this case as
"Findings of Fact"for Case No. 14-020.
The public hearing was opened and closed: There was no public testimony.
Discussion
CONDITIONS OF APPROVAL
1. The conditional use permit shall be valid through December 31, 2018. If, within that term, State
Mining Permit No. 5006 is revoked for any reason, the Conditional Use Permit shall expire on
the date of that revocation.
2. Any increase in the scope or area included for this mining operation shall require a new
Conditional Use Permit.
3. The mining operation shall comply with all other applicable federal, state, and local
requirements.
4. Prior to securing the site for the off-season, reclamation work shall be completed on all mined
areas, the fuel storage facility shall be properly secured, and all mining related equipment
remaining on site shall be stored near the camp and plant area within ADL 534667.
5. Should the mining operation be abandoned for any reason, all mining related equipment,
structures, and stored fuel shall be removed and the area returned to a natural state within one
year of abandonment.
6. A detailed site plan identifying all structures and the details of the fuel storage area shall be
provided prior to zoning compliance being issued. The site plan shall be accompanied by
photographs of all structures, the fuel storage area, and all equipment being used for the
mining operation.
7. The fuel storage area shall be located within a lined spill containment berm. The fuel storage
area shall be reviewed and approved by the State Fire Marshal. Written approval from the
State Fire Marshal shall be provided prior to zoning compliance being issued.
8. A fuel spill response plan in compliance with Code of Federal Regulations Part 40 Section 112
shall be provided prior to zoning compliance being issued. The plan shall include fuel spill
reporting procedures, an inventory of fuel spill response materials maintained on site, fuel spill
clean-up procedures, fuel transfer procedures, and procedures for securing the fuel storage
area during the off-season.
9. Prior to Conditional Use Permit or Zoning Compliance Permit being issued provide a letter of
determination of completeness and acceptance issued by the Alaska Department of Natural
Resources Division of Mining, Land, and Water Mining, Section for the completeness and
acceptance of the applicant's application for permits to mine in Alaska.
FINDINGS OF FACT(KIBC 17.200.050)
1. The conditions of approval will ensure, to the maximum extent possible, that the conditional use
preserves 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. The conditions of approval will ensure, to the maximum extent possible, that the mining
operation will not be harmful to the public health, safety, convenience, or comfort.
4. The mining operation is located within the boundaries of C-Conservation zoned land that
provides for sufficient setbacks, buffers, and other safeguards.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
6/18/20 P&2 Minutes Page 7 of 9
F) Case S14-012 (Formerly Abbreviated Plat Procedure). Request Preliminary approval of
the subdivision of the School Reserve, Portion of Block 16, Port Lions Subdivision, First
Addition creating the Native Village of Port Lions Tract and School Reserve Tract A (KIBC
16.40). The applicant is the Kodiak Island Borough & Native Village of Port Lions. The
location is 2008 Airport Road, Port Lions and the zoning is PL-Public Use Lands.
Maker reported staff's research into this subdivision application revealed some long, ongoing
issues with the Port Lions School Reserve. The School Reserve exists of 2 separate adjoining
parcels both owned by the borough. The preliminary plat submitted shows the northeast corner of
the new Port Lions School encroaches across the property line that separates those 2 parcels. The
Borough Resource Officer recommends it be postponed to research and remedying the
encroachment by adjusting the property line.
COMMISSIONER SCHMITT MOVED to postpone the public hearing for Case No S14-012 to the
July 16, 2014 Planning and Zoning Commission regular meeting
Discussion
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A) May Planning and Zoning Commission Case Results Letters
B) Letter of Courtesy &Advisory dated May 8, 2014
C) Title 17 Code Revision Input Letter dated May 28, 2014
Lydick reported on communications.
COMMISSIONER ARNDT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• 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
• July 9, 2014 work session at 7:30 p.m. in the KIB Conference room.
• July 16, 2014 regular meeting at 7:30 p.m. in the Assembly Chambers.
B) Abbreviated & Final Approvals- Subdivisions
None
STAFF REPORT
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
None
6/18/20 P&Z Minutes Page 8 of9
COMMISSIONER'S COMMENTS
Jennifer Richcreek thanked everyone for a great meeting and she appreciates the thoughtful
consideration that everyone is putting into these cases.
Alan Schmitt gave a word of caution; Conditional Use Permits, Similar Use Determinations,
Variances, CUP's, Vacations, Subdivisions, are all cases where we're acting in the quasi-judicial
fashion and it's potentially dangerous for commissioners individually going investigating those
types of matters. He doesn't think the commission got into any problems but there is the potential
for that so it's just that word of caution to avoid. Mr. Lydick mentioned that with one of the notice of
violation letters that we need to not be going out on our own trying to get factual information.
Maria Painter thanked everyone for a great meeting and she will continue as a commissioner to
research topics of interest in any case as long as she doesn't cross the line legally.
Alan Torres said at the last meeting there weren't any minutes for signature. Tonight we didn't
have minutes so we'll have more to read next month.
ADJOURNMENT
COMMISSIONER ARNDT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR TORRES adjourned the meeting at 8:47 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
P
Alan Torres, Chair
ATTEST
1
By: ��
Sheila Smith, secretary
Community Development Department
APPROVED: July 16, 2014
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