2014-09-17 Regular Meeting RECEIVED .
Kodiak Island Borough OCT 2 3 2014
Planning & Zoning Commission BOROUGH CLERK'S OFFIC
Minutes KODIAK,ALASKA
September 17, 2014 6:30 p.m. in the Assembly Chambers
CALL TO ORDER
COMMISSIONER SCHMITT called to order the September 17, 2014 regular meeting of the
Planning and Zoning Commission at 6:31 p.m.
PLEDGE OF ALLEGIANCE
VICE CHAIR SCHMITTT led the pledge of allegiance
ROLL CALL
Requested to be excused were Alan Torres, Pat Olsen, and Jennifer Richcreek.
Commissioners present were Alan Schmitt, Kathy Drabek, Maria Painter, and Scott Arndt.
Community Development Department staff present was Martin Lydick, Jack Maker, and Sheila
Smith.
COMMISSIONER ARNDT MOVED to excuse Alan Torres, Pat Olsen, and Jennifer Richcreek.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER ARNDT MOVED to approve the September 17, 2014 Planning & Zoning
Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER ARNDT MOVED to amend the July 16, 2014 P&Z minutes previously
adopted to reflect Mark Anderson believes the property is zoned Business, and the vote was 4-
3.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
COMMISSIONER ARNDT MOVED to approve the August 20, 2014 Planning & Zoning
Commission minutes.
VOICE VOTE ON MOTION UNANIMOUSLY
CITIZEN COMMENTS
None
PUBLIC HEARINGS
A) Case15-002. Request (1) a Variance to reduce the required off-street parking from 74
spaces to 26 spaces, and (2) a Variance to exceed the 32 foot maximum driveway width
by 80 feet 10 inches (KIBC 17.195, 17.175.040.A and 17.175.080.F). The applicant is
Trident Seafoods and the agent is Kurt Esveldt. The location is 105 Marine Way and the
zoning is I-Industrial.
Jack Maker reported these variances are to enhance the redevelopment prospects of a recently
purchased waterfront Industrial property. Seventeen public hearing notices were sent out and
staff received one negative reply. Staff recommends denial of the parking variance and approval
9/17/2014 P&Z Minutes Page 1 of 11
of the driveway variance. Staff added the current parking plan for Trident Star along with the
applicable zoning compliance permit that instituted that plan and Trident Seafoods also provided
additional information.
COMMISSIONER SCHMITT inquired about the square footage shown on the zoning
compliance permit and if Trident has the 80 off street spaces shown in the parking plan, Maker
said they do indicate 80 spaces on their parking plan and staff's review show that several
spaces are often blocked on the initial review for the initial zoning compliance permit and initial
variance application that was returned due to deficiencies approximately 37 spaces of the 80
spaces were not available during that one review. They have made some improvements with
more of the spaces available.
COMMISSIONER PAINTER inquired if they are within the 600 feet limit for their Kashevaroff
property, Maker stated for the one parcel they are within 600 feet but he'd have to check on the
other parcel.
COMMISSIONER PAINTER stated they could vacate that lot line between the 2 parcels and
then they could use the Kashevaroff property for parking if they had to, Maker said they could if
they can meet the parking requirements for the structures that already exist there and there may
be some deficiencies in parking for the Kashevaroff property.
Lydick reported with the current uses and structures, the parking that's permitted on that was by
a variance so there is that calculation and you look at the current uses, the ones that were
permitted and the variance. Therefore those uses and that parking requirement is grandfathered
which is as is, where is they could change the use of any of those two parcels as long as they
don't change it to a use which requires a higher parking density.
COMMISSIONER ARNDT stated what he's hearing is there was a variance granted for the
Cherrier King property so there are no additional parking spaces available, Lydick stated that's
correct.
COMMISSIONER PAINTER asked if staff sees any possible way this can work because there
are 2 properties, they do qualify for the off-site parking, Maker stated his knowledge of the
properties are there is no other available parking, all parking that's available on both parcels,
whether the property line was vacated or not is committed to the buildings on those 2 parcels.
The dormitory use on that parcel is zoned Business and dormitories are not a permitted or
conditional use in the Business zone therefore, they would have to be treated like multi-family
dwelling units and would have to meet the parking requirements although there has been a
parking variance that has been granted. He'd have to look into it further.
COMMISSIONER PAINTER MOVED to grant a variance to reduce the required off-street
parking for a seafood processing facility on Tract N-14, Alaska Tideland Survey 49, from 74
spaces to 26 spaces (KIBC 17.195, 17.175.040.A).
Close regular meeting & open public hearing:
Steven Peters, Architect for project, stated they appreciate working with the City of Kodiak and
the borough due to it being fairly complex. They agree with the recommendation and findings
from staff re: the driveway. He said re: the parking they agree with at least 1 of the 6 criteria for
granting a variance. They believe there are exceptional physical circumstances with this site; it's
narrow and 1/3 smaller of the adjacent property, it's less than several of the other nearby
properties, and has a narrow frontage that's been recognized as a difficulty for access issues.
We feel this wasn't created by us, it was a condition of site. The 4 foot diameter sewer
(inaudible). We are dealing with a constricted site that's long and narrow and this is the
smallest, narrowest site to put a feasible site to put a fish plant on. The relocation of the sewer is
a major effort that we will take the lead on construction and are working with Public Works. Staff
indicated it would result in a reduction of available public parking and we've done an in-house
9/17/2014 P&Z Minutes Page 2 of 11
study that indicates a surplus from both properties, even with the proposed 26 and designated
80 spaces. Management has directed employees to not impact any private parking, so we don't
see that as an impact. As far as the Comp Plan goes, he's looked at it and we think we meet the
goals and objectives of that, particularly Land Use regulations, Economic Development and
employment opportunities. We're being forced to relocate the sewer to make the project happen
and these are unique circumstances that we've not created. It will not create a prohibited use, it
is an allowed use.
COMMISSIONER PAINTER asked the applicant if the variance is not granted the economic
feasibility could be eliminated, Steve Arbor stated we're in a position where Kodiak doesn't have
sufficient processing for the amount of fish we buy. We move fish out of Kodiak to other places
but we'd rather process the fish here in Kodiak; it's more economically feasible, and supports
the local community. We've looked at expanding other plants. Kodiak is strategically placed for
us and we can bring fish in from Prince William Sound and other places if we over run places
like Sand Point. Currently, we don't have that capability. This is a small processing plant and we
need to expand it but we want the buildings and plant to be on the same footprint. We need to
maximize what we can do with it.
Kurt Esveldt, Project Manager, stated he's been involved in this project since its initiation. This
is the third plant of this syle that we've considered building. We've built plants of the same style
in Wrangell and Ketchikan. This is a significant change in how we process fish and they're
highly economically efficient plants. We understand what high speed push tunnels and rapid
freezing mean. The parking study we've done indicates this plant has enough parking spaces.
Of the 26 spaces being suggested to fully cover the crew that will have cars, the design stands
alone on its merit. We've also purchased off-site properties for people who don't have cars. In
the 2 locations where we've built these highly efficient plants the number of crew that we need
we now understand this is a significant gain for this community without overloading the site with
too many cars. He believes the 26 spaces speak for themselves. We've also attempted to
address past issues by clearing up parking in other locations. The important point is this number
of crew will suffice for this operation. Production and people are in balance with each other. This
will take approximately 50% of this lot. We have good setbacks.
Ron Painter, ex-fisherman, spoke in support of this request stating he fished for Trident
Seafoods and they were a wonderful company to fish for. They always did what they said they
would do and went out of their way to help the fisherman. He couldn't say enough about this
company and asked the commission to give them their highest consideration.
Close public hearing & open regular meeting:
Discussion about being told at one meeting there is no downtown parking problem and then at
other meetings being told there are parking problems, other businesses being provided parking
at 100%, the applicant provided information that the parking demand is less than what KIB
requires, the possibility of the 600 foot distance with the other property, a definite parking
problem where most of the parking spaces don't exist due to vans parked and other equipment
in the spaces and vans also parked on the street, not 80 spaces provided, employees parking
on the street and other places.
COMMISSIONER ARNDT MOVED to postpone to next month.
VICE CHAIR SCHMITT requested no one second the motion because we can't debate after it's
seconded he wants to give more opportunity for commissioners to speak and perhaps get
somewhere that will work.
Motion died due to a lack of a second.
9/17/2014 P&Z Minutes Page 3 of 11
During discussion COMMISSIONER DRABEK agreed with COMMISSIONER ARNDT and she
stated she finds the parking plan provided them to be lacking because she's familiar with this
site.
VICE CHAIR SCHMITTT inquired from staff regarding the zoning compliance permit for the Star
of Kodiak property, we're talking about the existing structures are shy of 50,000 feet but
according to the parking plan they were required to have 80 spaces. The new facility is over
50,00 sq. feet but the current code only requires them to have 74 spaces so for a facility less
than 50,000 sq. feet (Star of Kodiak property) would the current requirements require something
in the range of 74 spaces rather than 80, Maker said the calculation performed by the planner at
that time indicates the second floor processing area calculated out to 16 spaces, the first floor
processing area is 9 spaces, the ship first floor processing area is 9 spaces, the ship second
floor warehouse area is 13 spaces, the ALKOD building first floor is 17 spaces, ALKOD building
warehouse area is 8 spaces, and the dorms is 8 spaces for a total of 80 spaces. If we were
going to recalculate in this day and age we wouldn't separate those uses, we would just call it
one industrial facility as we did for the new facility.
Martin Lydick stated this review in 2004 is directly responsible for the adjustments the
department made on an administrative level to throw out the whole idea that every waterfront
industrial cannery could on any given day accurately calculate the segregated square footages
devoted to each use. This particular property because of the configuration and because of the
different usages that were occurring on that property in any given season was the primary driver
for administrative change that was adopted-lspace for every 700 sq. feet gross.
COMMISSIONER ARNDT MOVED to postpone to next month's meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED 2-2. The noes were VICE CHAIR
SCHMITT and COMMISSIONER PAINTER. The ayes were COMMISSIONERS DRABEK and
ARNDT.
ROLL CALL VOTE ON MAIN MOTION FAILED 2-2. The noes were VICE CHAIR SCHMITT,
DRABEK, and ARNDT. The ayes were COMMISSIONER PAINTER. When asked if anyone
would like to change their vote VICE CHAIR SCHMITT changed his vote to aye.
VICE CHAIR SCHMITT ruled it is not inappropriate for him to entertain an alternate motion.
There were no objections.
VICE CHAIR SCHMITT MOVED to grant a variance to reduce the required off-street parking for
seafood processing facility on Tract N-14, Alaska Tideland Survey 49 from 74 spaces to 37
spaces (KIBC 17.195, 17.175.040.A) subject to two (2) conditions of approval.
Conditions of approval
1. Before the variance becomes effective the applicant must either; A. Prepare
and submit to the borough a plat which vacates the lot line between Tract N-14,
Alaska Tideland Survey 49 and the adjoining Tract Lot 6A-1, Block 18, New
Kodiak Subdivision; or B. Prepare and submit to the borough for approval by the
borough attorney and recording a shared parking agreement between Tract N-14,
Alaska Tideland Survey 49 and the adjoining Tract Lot 6A-1, Block 18, New
Kodiak Subdivision.
2. Under either of the above options the applicant may not reduce the combined
parking requirements for both parcels below 50% of the current code requirement
unless it obtains from the City of Kodiak and records a lease for the number of
parking spaces to reach the 50% requirement.
And part of this would include a motion to adopt as findings of fact if the motion passes;
The applicant's response to the variance approval criteria on pages 4-6 of the staff report for
this case with #3 being modified to read "The proposed facility meets all other current zoning
9/17/2014 P&Z Minutes Page 4 of 11
regulations and requirements and the 50% reduction in the current code requirement is
consistent with the code revisions presently under consideration.
In response to COMMISSIONER ARNDT'S inquiry if it would be 50% only on this or 50% on the
whole Star of Kodiak and Alaska Fresh, VICE CHAIR SCHMITT replied it would be 50% on
both.
During discussion COMMISSIONER ARNDT expressed concern about this setting a
precedence and affects all of the waterfront, and he feels without an extensive review of all the
waterfront properties this is inappropriate, a 50% reduction across the board and he can't
support it.
During discussion COMMISSIONER PAINTER stated the Urban Renewal Plan expired in 2002
from her knowledge. Possibly we have to look at all businesses equally in that area.
During discussion VICE CHAIR SCHMITT expressed concern that not dealing with the case
tonight is Trident Seafoods needs and has the right to be able to move forward on this large
project.
COMMISSIONER ARNDT stated when it comes to parking because of Island Seafoods-Pacific
Seafoods, they purchased the lot next door to provide the parking that was determined they had
to provide, and then you're going to say they don't have to do that here; he has problems with
bouncing around with no consistency with this motion before us. He wants more information.
ARNDT would like to see the 80 spaces on the Star of Kodiak property, he's in favor of a
potential variance up to but no more than 50% on the Alaska Fresh but in order to get there he
wants information. Instead of 26 spaces which is 21 spaces going to 37 and part of that could
possibly be obtained through a lease with the City of Kodiak. To reduce this whole thing to 50%
saying there is a total of approximately 74 spaces required for both parcels he cannot support.
In response to COMMISSIONER PAINTER'S inquiry about what percentage of a parking
reduction does Trident currently have with the Star of Kodiak, Maker stated there is no reduction
and he did the math based on the last zoning compliance permit in which this parking plan was
instituted and if we calculate it not separating the dorms and warehouse uses it would be 73
spaces for that facility. Right now they have 80 in their parking plan.
During discussion COMMISSIONER PAINTER believes the reduction language could be
tweaked a bit.
VICE CHAIR SCHMITT said he made a motion and mis-spoke earlier re: COMMISSIONER
ARNDT'S question and stated this motion does not address the required number of spaces for
the Star of Kodiak property so we would just be focusing on Tract N-14 reducing it from 74 to 37
spaces.
COMMISSIONER ARNDT asked VICE CHAIR SCHMITT if the Star of Kodiak parking plan
doesn't enter into this is any shape or form, VICE CHAIR SCHMITT stated only to the extent
that if they have more spaces than they need some of those could be used to make the 37
spaces for Tract N-14.
COMMISSIONER ARNDT stated those 80 spaces can't be found now. The 37 spaces with 5
vans spaces would be 32 spaces versus 21 on the current variance and that could potentially be
leased from the City of Kodiak. He was hoping for a postponement to gain more information as
far as the freezer, capacity, and how all this ties together as the end result. He would also like
information to backup reducing it on the Alaska Fresh parcel to 50% but he doesn't want to
reduce it on the Star of Kodiak due to it being inappropriate because of the parking situation
there. COMMISSIONER ARNDT is confused by VICE CHAIR SCHMITT'S motion and wants to
be sure that it is speaking of the Alaska Fresh property.
VICE CHAIR SCHMITT assured ARNDT it does only apply to Tract N-14.
9/17/2014 P&Z Minutes Page S of 11
VICE CHAIR SCHMITT MOVED to postpone this motion regarding our first case until the
October regular meeting of the Planning and Zoning Commission.
ROLL CALL VOTE FAILED 3-1. The noe was COMMISSIONER PAINTER. The ayes were
VICE CHAIR SCHMITT, COMMISSIONER DRABEK, and ARNDT.
After the vote was announced COMMISSIONER PAINTER wanted to change her vote.
VICE CHAIR SCHMITT MOVED to reconsider the motion to postpone.
ROLL CALL VOTE CARRIED 4-0.
COMMISSIONER ARNDT MOVED to grant a variance to exceed the 32 foot maximum
driveway width by 80 feet 10 inches on Tract N-14, Alaska Tideland Survey 49 (KIBC 17.195
and 17.175.080.F); 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. 15-002.
Close regular meeting & open public hearing:
Steven Peters, Architect, spoke in support of this motion stating they agree with staff analysis
and recommendation. He believes Public Works is supportive of that because it eases snow
removal and other maintenance issues. He feels it will help the general loading and vehicular
access issues for the property.
Close public hearing & open regular meeting:
During discussion there was consensus for approval.
FINDINGS OF FACT (KIBC 17.195.050.A.1-6) Exceed Max Driveway Width
1. The width of the parcel is not capable of providing the required 75 foot driveway separation
for a practical placement of two driveways and a single 32 foot driveway inadequately
accommodates permitted uses for Industrial zoning. Driveways that exceed the 32 foot
maximum width are common among other less constrained Industrial zoned waterfront
parcels.
2. The strict application of the maximum driveway width requirement would severely limit
ingress and egress of tractor-trailers and other equipment and reduce design options for
further development of the parcel. Strict application of the code would also prohibit driveway
development that is benefitting other Industrial zoned waterfront parcels.
3. Granting the variance will not result in material damage or prejudice to other properties in
the vicinity and will positively impact the public's health, safety, and general welfare by
improving snow removal capabilities and providing for a safer flow of traffic on the parcel.
4. Granting the variance will not be contrary or detrimental to any of the objectives of the
Comprehensive Plan and is consistent with certain goals and objectives intended to support
the fishing industry and local economy.
5. The applicant did not cause the special conditions from which relief is being sought. Those
conditions are caused by the parcel's narrow frontage along West Marine Way. That narrow
frontage will not accommodate a driveway configuration that is conducive to permitted
industrial uses.
6. Granting of the variance will not permit a prohibited land use in the district involved.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case 15-003. Request a Conditional Use Permit to establish transportation and utility
facilities (snow storage site and utility materials storage) on a C-Conservation zoned
parcel (KIBC 17.200.010 and 17.50.040H). The applicant is the City of Kodiak and the
agent is Mark Kozak. The location is 901 and 909 Pillar Mountain Road and the zoning is
C-Conservation.
9/17/2014 P&Z Minutes Page 6 of 11
Maker reported this request anticipates the City of Kodiak's establishment of a snow storage
yard on an unused portion of a larger tract. The code allows for a conditional use within the
Conservation zone deemed a utility facility. The existing water treatment facility was allowed
under that use. This request is ancillary to the city's transportation utility function of maintaining
public streets and roads. Two hundred five public hearing notices were sent out and two written
comments were returned expressing concern for the safety of children and the ability of city
streets to withstand increased truck traffic. Staff recommends approval of this request.
COMMISSIONER ARNDT MOVED to grant a Conditional Use Permit, per KIBC 17.200, to
establish transportation and utility facilities (snow storage site and utility materials storage) on a
C-Conservation zoned parcel (KIBC 17.200.010 and 17.50.040H) and to adopt as Finding of
Fact the findings contained in the staff report dated September 5, 20014 for Case No. 15-003.
Close regular meeting & open public hearing:
There was no public testimony.
Close public hearing & open regular meeting:
During discussion there was consensus to approve.
FINDINGS OF FACT
A That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area.
The surrounding area is already significantly developed with municipal utility installations.
The proposed use is so similar in character to the existing use that any distinction between the
uses is argumentative only.
The proposed area for the use is separated from adjoining lands by naturally occurring barriers
or buffers that will serve to preserve the integrity of abutting residential uses.
B. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question.
A detailed site plan showing the proposed location of all buildings and structures on the site,
access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the
specific location of the use or uses to be made of the development has been submitted as part
of the application and made available for public review.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case15-004. Request a Screening Review for outdoor storage and retail services on a
B-Business zoned parcel that is adjacent to a residential zoning district. The applicant
proposes no screening (KIBC 17.90.050.C). The applicant is Dayton Wandersee. The
location is 4545 Rezanof Drive and the zoning is B-Business.
Maker reported that after the property was rezoned to Business the property owner immediately
established a Business use on the property without the required screening review. When
approached with a request for a zoning compliance in order to establish a coffee kiosk on the
property the department declined to process the request until after the screening review had
been addressed. The property is separated from adjacent properties by Rights-Of-Ways and
topographical features. The no screening option is proposed by the applicant would be
consistent with the Business property to the north and west or the Public Use property to the
east. Thirty-one public hearing notices were sent out and has received one negative written
comment. Staff recommends approval of the no screening option with no conditions of approval.
9/17/2014 P&Z Minutes Page 7 of 11
COMMISSIONER ARNDT MOVED to approve the no screening option as proposed for a
combination of outdoor storage and retail services on Lot 4 Block 5 Miller Point Subdivision per
KIBC 17.90.050 C, and to adopt the findings in the staff report dated September 5, 2014, as
Findings of Fact for Case No. 15-004.
Close regular meeting & open public hearing:
Barbara Rabold spoke in opposition stating she was also representing 8 other homeowners with
a petition. The neighbors have been concerned about this property going back to 2008. She is
in favor of having screening.
Gena Diniega-Wandersee stating she was offended by staff comments and read from the staff
report pointing out inaccuracies. She provided a picture of what was being stored in the hoop
house after staff admitted that no one looked in the hoop-house but assumed it was being used
as a storage warehouse. She also quoted information from the Community Development
Department webpage.
Chris Lynch spoke in support of the screening review stating the applicant is trying to follow the
process. Every use on this property is a permitted use for Business zone according to the KIB
Code. She also said she was disappointed in the staff's comments.
Close the public hearing & open the regular meeting.
Discussion
In response to COMMISSIONER PAINTER'S inquiry on the Rezanof side there's approximately
150 feet Right-Of-Way, is that Business zone across Rezanof, Maker stated Bayside Fire
Department is Public Use Lands.
In response to COMMISSIONER PAINTER'S inquiry of to the left of the triangle is the KEA
yard, Lydick stated yes, it is.
In response to COMMISSIONER PAINTER'S inquiry of behind Wandersee's property is cliff
face, what is the height of the cliff face, Maker referred to Wandersee who stated the building is
approximately 20 feet so the cliff face is approximately 30 feet.
Discussion on multiple uses on the property, visibility coming out onto a road, the code for
Business zoning
VICE CHAIR SCHMITT MOVED to amend the motion to require that screening be required
consisting of a natural berm and vegetation for a combination of outdoor storage and retail
services on Lot 4, Block 5, Miller Point Subdivision per KIBC 17.90.050.0 and to adopt the
following finding of fact: This property is adjacent to a residential zoning district.
Brief discussion
COMMISSIONER ARNDT MOVED to amend the motion to provide screening on the south
property line only which is where the natural vegetation and the stair step rock cut is.
ROLL CALL VOTE ON MOTION TO AMEND FAILED 3-1. The noes were VICE CHAIR
SCHMITT. The ayes were COMMISSIONERS DRABEK, PAINTER, and ARNDT.
ROLL CALL VOTE ON MOTION TO AMEND FAILED 2-2. The noes were COMMISSIONERS
PAINTER and ARNDT. The ayes were VICE CHAIR SCHMITT and COMMISSIONER
DRABEK.
COMMISSIONER PAINTER MOVED to amend no screening option to reasonable screening by
the applicant.
The motion died due to a lack of a second.
9/17/2014 P&Z Minutes Page 8 of 11
ROLL CALL VOTE ON MAIN MOTION FAILED 1-3. The no was VICE CHAIR SCHMITT. The
ayes were COMMISSIONERS DRABEK, PAINTER, and ARNDT.
D) Case S15-002. Request a preliminary approval of the replat of Lots 2 and 21A, Block 4,
Monashka Bay Subdivision, vacating portions of road and utility easements and creating
Lots 2A and 21 B, Block 4, Monashka Bay Subdivision (KIBC 16.40). The applicants are
James and Barbara Spalinger, James and Peggy Purdy, David Townsend, and Robert
Baer. The agent is James and Barbara Spalinger. The locations are 1548 Sawmill Circle
and 2769 Lakeview Drive and the zoning is RR1-Rural Residential One.
Maker reported this request will relocate a common rear lot line to add a portion of 1 lot into
another. The replat will create 2 reconfigured lots that meet the lot area and width requirements
for RR1 zoning and the design and improvement requirements. The request also includes a
vacation of road and utility easements that require approvals by both the commission and
assembly. The easements are a portion of the easements vacated and approved last month for
Case S14-017. The other easement is a 20 foot wide utility easement that is centered on the
common rear lot line to be vacated by this plat. The replat proposes to retain a 10 foot wide
portion of the road and utility easement for utility purposes only. Twenty-six public hearing
notices were sent out and no written comments were returned. Staff recommends approval of
this vacation with no conditions of approval.
COMMISSIONER ARNDT MOVED to grant preliminary approval of the replat of Lots 2 and 21A,
Block 4, Monashka Bay Subdivision, vacating portions of road and utility easements and
creating Lots 2A and 21B, Block 4, Monashka Bay Subdivision (KIBC 16.40), and to adopt the
findings in the staff report entered into the record for this case as "Findings of Fact" for case
S15-002.
Close regular meeting & open public hearing:
Peggy Purdy, one of the applicants, stated it is neighbors wanting to move property not being
used and they would like to have it.
Close public hearing & open regular meeting:
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 requirements of Title 17 of the Borough Code.
3. The easements vacated by this plat serve no practical purpose and have no monetary value
to the Borough.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A) August 20, 2014 Planning and Zoning Case Results Letters
COMMISSIONER ARNDT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
9/17/2014 P&Z Minutes Page 9 of 11
A) Meeting Schedule:
• October 1, 2014 Code Update Special Public Hearing-6:30 p.m.-Assembly Chambers
• October 8, 2014 Work Session-6:30 p.m. in the KIB Conference room.
• October 15, 2014 Regular Meeting-6:30 p.m. in the Assembly Chambers.
B) Minutes of Other Meetings
C) Abbreviated & Final Approvals - Subdivisions
COMMISSIONER ARNDT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
STAFF COMMENTS
Lydick reported the communications we're getting on the Code Update Project, the largest and
most frequent question is still the distinction between the R1 zoning and the proposed Village
zoning. There are a lot of City Clerk's, and coordinators in these villages that are trying to
respond to the people there. He feels it is being well received. We've had only one comment
back about what may be an oversight in the Village zoning district and it involves hoophouses
are allowed in the R1 district but they are not allowed in the Village zoning district. That is an
easy fix. Other than that comments are non-existent only continuing requests for information.
We've put together 2 documents that's easier for people to make a side by side comparison and
that's because the 2 districts are in fact in different chapters so they don't show up in the same
table which has confused the issue. Staff is still working diligently on making address
corrections and re-noticing the notices we get back in the mail. He doesn't feel it's a deluge of
bad addresses that we're working on but they are rather consistent so there's obviously some
kind of problem with our mailing list but we're making the effort to get the updated addresses on
them and get them out in the mail. Nevertheless, there's still adequate notice on the webpage
and will be notice in the newspaper.
VICE CHAIR SCHMITT inquired if there will be any news coverage other than buying the ads,
Lydick stated he's personally not making any efforts in those directions. The Clerk or Director
may, upon his return, may take that up.
COMMISSIONER ARNDT agreed with VICE CHAIR SCHMITT and stated there needs to be
some full page ads because he's hearing from property owners that have received notice but a
lot of people are out of town fishing. It would be good to have KMXT and the newspaper to have
articles so we can get the word out more.
Lydick reported there is no good time when everyone is at home and a continual movement to
delay. We make every effort to make it easy for people to correspond with us to let us know
what is going on, and he encouraged the commissioners to write a letter to the editor.
COMMISSIONER ARNDT said it helps to have it out on the radio and in the newspaper.
ARNDT hasn't seen much other than some mention of it in the borough ad in the fine print. He'd
like to see us do more because we only do this about every 30 years. It would be nice to say we
have done everything we can but we have a lot of people who want to become property owner's
that I would like to get that information to.
VICE CHAIR SCHMITT asked Lydick to speak to Mr. Pederson about the concept of getting
with KMXT about PSA's and the Talk of the Rock program to get the word out.
Lydick thanked the commission for amending the July meeting minutes as it's important going
forward to the Assembly who meets tomorrow night.
CITIZEN COMMENTS
None
9/17/2014 P&Z Minutes Page 10 of 11
COMMISSIONER COMMENTS
Maria Painter said last week we were discussing the Pillar Creek Hatchery Tract re: the 50 foot
wide public access easement left out and staff and herself discussed in detail this issue. We are
kind of at a standstill, not certain if it's supposed to be on the plat. We are waiting for Mr.
Pederson's interpretation of that. She's looking forward to that answer.
Kathy Drabek will do everything she can to avoid a conflict with October 1st 8thand 15th. Her
work will be sending her back and forth to 4 villages on the island.
Alan Schmitt thanked Maria Painter for the work on the access easement because it's good to
get things like that clarified. He has read Draft Titles 16 and 18 and he's almost done with Draft
Title 17 and he's preparing a list as he goes along of corrections. He will present that to staff
before he leaves to go out of the country. Related to that that's in the draft code that connects
with an issue that's important to emphasize is all the public notices that we send out is tied to
property ownership. We leave out of that notice process people that don't own property, they
may just rent or live with family members but they may have something to say. In the new code
one of the things required is that notices be put up on the property (signs) so that will help to get
the word out. He thinks we need to do what we can to get the word out to people who don't own
real property and that's why it's critical to have newspaper ads, radio ads, and whatever we can
do to get that out.
Martin Lydick clarified your comments are spot on and this is a problem that we've recognized
and also the Assessor's Department. At the last GIS group and the round table about where
we're going with that software program, how we're going to utilize it and implement new
changes to it. The Assessor and Lydick agreed that they want to layer on that GIS system that
identifies the lease holders and mobile home unit owners. If that gets done we'll have gone a
long way towards having a system where using the tools we have today also include folks like
this. That will not include individual tenants in a larger building but at least we'll be capturing the
names and addresses of recorded lease holders and mobile home park tenants.
ADJOURNMENT
COMMISSIONER ARNDT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
VICE CHAIR SCHMITT adjourned the meeting at 9:01 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZO�MMISSION
By:
Alan Torres, Chair
ATTEST n�
By: R to f f8
Sheila Smith
Community Development Department
APPROVED: October 15, 2014
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