2015-07-15 Regular Meeting �ECEIVED
Kodiak Island Borough OCT 1 2015
Planning &Zoning Commission
Minutes
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CALL TO ORDER
COMMISSIONER ARNDT called to order the July 15, 2015 regular meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance
ROLL CALL
Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Maria Painter, Scott Arndt,
Greg Spalinger, and Kyle Crow.
A quorum was established.
Community Development Department staff present was Director Pederson, Sheila Smith, and Jack
Maker.
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 15, 2015 Planning & Zoning
Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SPALINGER MOVED to approve the June 17, 2015 Planning & Zoning
Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZEN COMMENTS
Items Not Scheduled for Public Hearing: Limited to three minutes per speaker
Local number: 486-3231 Toll Free number: 855-492-9202.
Judi Kidder stated she appreciated all the work the commission was doing on moving the Mobile
Home Park code. She and her husband purchased a lot with easements and they are having a lot
of problems finding records of was done in relation to a subdivision. Someone had to have signed
off on these things. She can't find the records and she's also talked to Jack Maker in Community
Development Department. She's amazed at the lack of records. There's a platted easement and
the access driveway and part of it is outside the easement. There's no record of when anything
was done. We have an issue with runoff onto our lot which can be addressed amicably. The issue
that came up is all the paperwork we got through the title company nothing showed the driveway
was outside the easement. If you're doing subdivisions and approving things that has an easement
she urged them in the future to pay attention so that someone else doesn't run into a potential
problem. It is a major problem and she's still looking for records. The lack of records in the file is
appalling.
COMMISSIONER ARNDT stated that the borough doesn't have records on driveways when they're
on private property. The only possible record is where it accesses public right-of-way. That is a
private property issue and an asbuilt is the only place you will find that driveway.
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Kidder stated there were other things that had to be signed off on and she's just trying to find
particular records.
PUBLIC HEARINGS
Local number: 486-3231. Tall Free number: 855-492-9202 Limited to 3 minutes per speaker.
A) Case15-020. Request a Conditional Use Permit to construct a 30' tall monopole
communication repeater tower and 10' by 12' support structure (KIBC 17.200 and
17.50.040.H). This tower is part of a system that will provide broadband internet and other
telecommunications services to the communities of Larsen Bay and Karluk.The applicant is
the U.S. Fish & Wildlife Service and the agent is Kodiak Microwave Systems. LLC. The
location is approximately 16.5 miles northeast of the City of Larsen Bay within Section 24 of
T29S, R27W, Seward Meridian, and the zoning is C-Conservation.
Director Pederson stated we went over these at the work session and they're all very similar. He
requested that Maker to do one summary addressing all four cases at once and then you take your
separate motions. It seemed to be more efficient.
Jack Maker stated this Conditional Use Permit is the first of four Conditional Use Permits and one
variance required for a series of communication repeater towers that will extend existing
microwave signals to Larsen Bay and Karluk. Extending the signals will allow broadband internet
and other telecommunications services to those communities. This tower along with all but one of
them is on a remote Conservation zoned site. All of the requests pertaining to these towers satisfy
the intent of Conservation zoning and are consistent with the adopted Comprehensive Plan. We
received three comments with one in favor and one was an issue to ensure they are on the correct
property. Staff recommends approval of all the Conditional Use Permits and the Variance. Each
CUP has four conditions of approval listed in the written staff report and the Variance does not
have any conditions of approval because the conditions of approval in the Conditional Use Permit
motion will ensure that will meet all the requirements for Conservation zoning
COMMISSIONER PAINTER MOVED to grant a Conditional Use Permit, per KIBC 17.200 and
17.50.040.H, to construct a thirty-five (35) foot tall communication repeater tower and a 10' by 12'
support structure on a site approximately sixteen and one-half miles northeast of the City of Larsen
Bay within Section 24 of T.29S, R.27W, Seward Meridian, 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. 15-020.
Maker pointed out that the staff report points out that the structure is actually 8' by 12 foot not 10'
by 12' which was listed in the application in one site plan drawing. That was confirmed by Kodiak
Microwave Systems. The reason that related facilities was stated because some towers have five
hundred gallon propane tanks so it encompasses all the related facilities that go with that tower.
COMMISSIONER PAINTER stated the reason she has a problem with related facilities is because
it's so vague and It needs to be specified like we do for everyone else. She feels the motions need
to be specific.
Discussion of motion and wording.
COMMISSIONER SCHMITT MOVED TO AMEND to grant a Conditional Use Permit, per KIBC
17.200 and 17.50.040.1-1, to construct a thirty-five (35) foot tall communication repeater tower and
related facilities as depicted in the staff report on a site approximately 16 % miles northeast of the
City of Larsen Bay within Section 24 of T.29S, R.27W, Seward Meridian, 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. 15-020.
Director Pederson stated he was going to make a similar comment related to facilities if you
exercise a little common sense there and what becomes related. If you tie it down so tight then if it
happened to be that they took out ten foot lumber instead of eight foot then they would be in
7/15/2015 Page 2 of 12 P&Z Minutes
violation of their conditional use permit and he doesn't want to run them through the entire process
for that.
Discussion on the motion to amend.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED 6-1. The ayes were Commissioners
Baldwin, Schmitt, Drabek, Amdt, Spalinger, and Crow. The no was Commissioner Painter.
CONDITIONS OF APPROVAL
1. The required US Fish &Wildlife Service right-of-way permit shall be provided to the Community
Development Department prior to issuance of zoning compliance for this facility.
2. 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. 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
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 selected site fulfills all engineering requirements and provides for sufficient setbacks,
buffers, and other safeguards.
5. This facility is specifically located to provide broadband internet and other telecommunications
services to the communities of Larsen Bay and Karluk.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Commissioner Baldwin changed
his vote from no to yes.
B) Case 15-021. Request a Conditional Use Permit to construct a 30' tall monopole
communication repeater tower and 8' by 12' support structure (KIBC 17.200 and
17.50.040.1-1). This tower is part of a system that will provide broadband internet and other
telecommunications services to the communities of Larsen Bay and Karluk.
Maker stated this Conditional Use Permit is for the second tower in a series. Staff recommends
approval subject to the four conditions of approval.
Director Pederson stated in light of your discussion and action on the prior matter that to each of
these motions we should say as depicted on the site plan for this application so it's clear.
Maker stated it's a thirty foot monopole antenna with up to a five foot tall base which was
determined by the Geotec Studies. It won't exceed five feet. The motion includes the entire height
including the base.
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit, per KIBC 17.200 and
17.50.040.H, to construct a thirty-five (35) foot tall communication repeater tower and related
facilities as shown on the site plan and in the staff report on a site approximately eight (8) miles
northeast of the City of Larsen Bay within Section 4 of T30S, R28W, Seward Meridian, 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. 15-021.
Close regular meeting &open public hearing:
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None
Close public hearing & open regular meeting:
CONDTIONS OF APPROVAL
1. The required US Fish &Wildlife Service right-of-way permit shall be provided to the Community
Development Department prior to issuance of zoning compliance for this facility.
2. 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. 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
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 selected site fulfills all engineering requirements and provides for sufficient setbacks,
buffers, and other safeguards.
5. This facility is specifically located to provide broadband internet and other telecommunications
services to the communities of Larsen Bay and Karluk.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case 15-022. Request a Conditional Use Permit to construct a passive microwave
communication repeater tower(KIBC 17.200 and 17.50.040.1.1). This tower is part of a system
that will provide broadband internet and other telecommunications services to the
community of Karluk. The applicant is Koniag Inc. and the agent is Kodiak Microwave
Systems, LLC. The location is approximately 1.25 miles west of the Village of Karluk within
Section 19 of T30S, R32W, Seward Meridian, and the zoning is C-Conservation.
Maker stated this Conditional Use Permit is for the third tower that will extend the signal to Karluk.
This tower does exceed the building height limit for Conservation zoning. It is thirty-nine feet, not
forty-five feet that's mentioned in the next Variance, width versus height was incorrect. This
Conditional Use Permit is to allow the communication tower use. The height isn't addressed at this
point. If the Variance isn't approved the tower would have to meet the thirty-five foot building height
limit for Conservation. Staff recommends the CUP be granted.
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit, per KIBC 17.200 and
17.50.040.1-1, to construct a passive microwave communication repeater tower on a leased site
approximately 1.25 miles west of the Village of Karluk within Section 4 of T.30S, R.28W, Seward
Meridian, 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. 15-022.
Close regular meeting & open public hearing:
None
Close public hearing & open regular meeting:
Discussion re: it being a passive tower with no related structures and it being a thirty-nine foot
tower.
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In response to COMMISSIONER PAINTER'S inquiry for consistency she inquired why in the
previous motion we chose to include the thirty-five feet tall and in this one it was excluded, why the
lack of consistency, Maker stated in this case you are establishing the use to put thirty-nine feet in
the CUP motion would be authorizing a CUP to build a tower that's higher than the height allowed.
The Variance will determine the height of the tower.
CONDITIONS OF APPROVAL
1. 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
returned 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.
4. A signed copy of the site lease between Kodiak Microwave Systems, LLC (lessee) and Koniag,
Inc. (lessor) shall be provided to the Community Development Department prior to issuance of
zoning compliance.
FINDINGS OF FACT
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 selected site fulfills all engineering requirements and provides for sufficient setbacks,
buffers, and other safeguards.
5. This facility is specifically located to provide broadband internet and other telecommunications
services to community of Karluk.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case 15-023. Request a Variance to construct a 45' tall passive microwave
communication repeater tower that exceeds the C-Conservation zoning district 35' building
height limit (KIBC 17.195 and 17.50.070). This tower is part of a system that will provide
broadband internet and other telecommunications services to the community of Karluk. The
applicant is Koniag Inc. and the agent is Kodiak Microwave Systems, LLC. The location is
Approximately 1.25 miles west of the Village of Karluk within Section 19 of T30S, R321N,
Seward Meridian, and the zoning is C-Conservation.
Maker stated this request is for a variance to exceed the building height limit for Conservation
zoning for the tower you just approved the CUP for. The geographical location of the village of
Karluk requires a highly elevated site and a thirty-nine foot tall tower to transmit the signal required
to provide services to that community. Staff recommends approval.
COMMISSIONER BALDWIN MOVED to grant a variance, per KIBC 17.195 and 17.50.070, to
construct a forty-five (45) foot tall passive microwave communication repeater tower that exceeds
the C-Conservation zoning district thirty-five (35) foot building height limit by (10) feet on a leased
site approximately 1.25 miles west of the Village of Karluk within Section 4 of T.30S, R.28W,
Seward Meridian, 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. 15-023.
COMMISSIONER ARNDT brought up rather than the ten foot exceeding it, it's four feet.
Discussion of confusion and discrepancies on the height from the application, plans, and staff
report.
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COMMISSIONER PAINTER MOVED TO AMEND the motion to read "construct a forty-five foot
passive microwave communications repeater tower".
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
Close regular meeting & open public hearing:
None
Close public hearing & open regular meeting:
FINDINGS OF FACT
1. The geographical location of the Village of Karluk requires a highly elevated site and 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 Conservation zoning thirty-five (35) foot building height limit would
deny the community of Karluk services that are currently enjoyed by other communities within
the Borough.
3. The site is more than adequately isolated from developed areas and provides for sufficient
setbacks, buffers, and other safeguards. 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. The recommended conditions of approval for
the approved Conditional Use Permit should further ensure that this variance does not result in
material damage or prejudice to other properties in the vicinity nor be detrimental to the public's
health, safety or general welfare.
4. This variance is consistent with various Comprehensive Plan land use, education, and Karluk
goals.
5. The special conditions from which relief is being sought are caused by the geographical
location of the Village of Karluk, not the applicant. The construction of a tower that exceeds the
building height limit is required to overcome those special conditions.
6. A communications facility is a conditional use for Conservation Zoning. The applicant has
applied for the required Conditional Use Permit (Case No. 15-022). Should that Conditional
Use Permit and this variance be granted, zoning compliance may be issued for construction of
this facility.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
E) Case 15-024. Request a Conditional Use Permit to construct a 30' tall monopole
communication repeater tower and 10' by 12' support structure (KIBC 17.200 and
17.50.040.1-1). This tower is part of a system that will provide broadband internet and other
telecommunications services to the community of Larsen Bay. The applicant Is the City of
Larsen Bay and the agent is Kodiak Microwave Systems, LLC. The location is NHN Larsen
Bay on Lots 11 through 14 within Section 31 of T30S, R29W, Seward Meridian, and the
zoning is C-Conservation.
Maker stated this Conditional Use Permit is for the third tower that will extend the signal to Larsen
Bay,. Staff recommends approval.
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit, per KIBC 17.200 and
17.50.040.1-1, to construct a thirty-five (35) foot tail communication repeater tower and related
facilities as shown on the site plan and in the staff report on a leased site within Lots 11 through 14
of Section 31, T.30S, R.29W, Seward Meridian„ 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. 15-024.
Close regular meeting &open public hearing:
None
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Close public hearing & open regular meeting:
Discussion
CONDITIONS OF APPROVAL
1. To prevent entry by the general public, a six foot (6) tall fence shall be constructed around the
perimeter of the site. Signs prohibiting entry by unauthorized personnel shall be posted on each
of the four outer sides of the fence.
2. 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. 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
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 selected site fulfills all engineering requirements and meets C-Conservation zoning
setback requirements. The tower meets the airport building height limitations of Borough code.
Additional buffers and safeguards will be provided through the installation of fencing and signs
around the perimeter of the site.
5. This facility is specifically located to provide broadband internet and other telecommunications
services to the community of Larsen Bay.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
F) Case: Amending KIBC Chapter 17.140 (Existing Nonconforming Uses and Structures).
Request an ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures) to allow mobile homes displaced under AS 34.04.225 to relocate within existing
nonconforming Mobile Home Parks (KIBC 170.205.040). The applicant is the Kodiak Island
Borough and the agent is the Community Development Department. The location is
borough wide and the zoning varies.
Director Pederson stated you have a memo from July 9"' addressing this and the other code
amendments for today. Also Ms. Billings that owns one of the parks on Spruce Cape wrote a letter
that is added to your packet. The packet reflects the changes talked about on July 1 S'and if
adopted this would allow mobile homes displaced from mobile home parks to relocate to the other
existing mobile home parks under certain conditions which you've reviewed. If approved tonight it
will be before the assembly for first reading on July 30'h and public hearing and adoption will be on
the 6".
The motion on the floor from the July 8, 2015 Special Meeting is:
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures) to allow mobile homes displaced under AS 34.03.225 to relocate within existing
nonconforming Mobile Home Parks, and to adopt the findings of fact in the July 3, 2015 staff report
as findings of fact for this code amendment.
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Director Pederson said we did make the change to Finding of Fact #2 where we added the
language at the end about the land designated for needed mobile home parks that was requested
to be added to the findings. That was suggested by Ms. Kidder.
COMMISSIONER PAINTER MOVED TO AMEND to read July 9, 2015 instead of July 3, 2015 for
the staff report.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
Close regular meeting &open public hearing:
Judi Kidder stated the language that she suggested that's been altered in the ordinance about the
lack of land available for relocation of mobile homes is very important to have in there. In the future
it will become more important because it's one of the critical reasons why and it helps address the
lack of available land in Kodiak, the lack of suitable land to diversify and help with the low income
situations.
Close public hearing & open regular meeting:
FINDINGS OF FACT
1. The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that currently
prevents mobile homes displaced from Jackson's Mobile Home Park to relocate to other
existing mobile home parks.
2. All but one of other mobile home parks in Kodiak are nonconforming land uses and several have
existing spaces that could be occupied if the nonconforming standards of the code did not
prohibit expanding nonconforming land uses.
3. There is a lack of readily available land that is designated for any new mobile home park.
4. The amendments to Chapter 17.140 are consistent with the Comprehensive Plan Goals and
Polices related to housing and specifically, affordable housing.
5. The Planning and Zoning Commission recommends approval of the amendments to Chapter
17.140 KIBC.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
G) Case Amending KIBC Chapters 17.50 (C-Conservation District) and 17.130 (PL-Public
Use Lands). Request an ordinance amending Chapters 17.50 KIBC (C-Conservation District)
and 17.130 KIBC (PL-Public Use Lands) to allow the temporary storage of mobile homes
displaced under AS 34.03.225 to be stored on sites zoned C-Conservation and PL-Public
Use Lands (KIBC 17.205.040). The applicant is the Kodiak Island Borough and the agent is
the Community Development Department. The location is borough-wide, and the zoning is
C-Conservation and PL-Public Use Lands.
Director Pederson stated as we indicated last week again this is the ordinance that would allow the
two zoning districts to be used for temporary storage subject to approval by the underlying property
owner. This ordinance also has the sunset clause of December 31, 2018 that was talked about at
the work session on July 1g'. Staff recommends approval for transmittal to the assembly.
The motion on the floor from the July 8, 2015 Special Meeting is:
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapters 17.50 KIBC (C-Conservation District) and 17.130 KIBC
(PL-Public Use lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites zoned C-Conservation and PL-Public Use Lands, and to adopt the
findings of fact in the July 3, 2015 staff report as findings of fact for this code amendment.
Close regular meeting & open public hearing:
Judi Kidder stated the reason why this ordinance solution was tossed up is because there are not
enough available spaces for the trailers that may be able to be moved. Even with the twenty-nine
spaces possibly at Rasmussen's the timing of everything and fitting everyone in this still may not
7/15/2015 Page 8 of 12 P&Z Minutes
be enough spaces. The solution is a temporary solution but with a sunset clllause it gives some
flexibility for coming up with ideas for a long term final solution. The reason for the sunset clause is
so that it's not open-ended and ongoing. It's an important part of the solution to have in place
whether or not it's used.
Close public hearing & open regular meeting:
COMMISSIONER PAINTER stated she's been thinking about the Jackson residents and in the
event they would use this storage that would be on Conservation or Public Use Lands. Currently
there's no one on the island that's willing to move the mobile homes. Someone come in from off
island may have to come in. It's going to be very costly. PAINTER also expressed concern about
Public Use Lands to take on the responsibility of storage because of liability and if something
happens the taxpayer's are responsible. There would need to be bonding and contracts, and now
we've become a private entity. This should be for private business to take care of if they want to
allow it in the Business district. She feels it's not the Kodiak Island Borough's place to put it on the
public. For the Public Use Land she feels it's the wrong move.
COMMISSIONER PAINTER MOVED TO AMEND the motion to recommend the assembly of the
Kodiak Island Borough approve the ordinance amending Chapter 17.50 KIBC (C-Conservation
District) to allow the temporary storage of mobile homes displaced under AS 34.03.225 to be
stored on sites zoned C-Conservation and to adopt the finding of fact in the July 3, 2015 staff
report as findings of fact for this code with the exception of #3-Delete "and Public Use Lands
zoning district."
During discussion the other commissioners were not in favor of the amendment. Brief discussion of
abandonment and turn-around time for the borough to take ownership of possible abandoned
mobile home.
Director Pederson stated part of the difficulty is the State stopped the titling process for mobile
homes; they're done by bill of sale now. It was mentioned that the Borough Risk Manager is fairly
conservative in these matters. He's sure there will be a discussion about bonding, insurance, and
security.
FINDINGS OF FACT
1. The announced closure of Jackson's Mobile Home Park will force mobile home owners in the
park to relocate their homes. Since there are limited locations for displaced mobile homes to
relocate to, there may be a need for temporary storage of mobile homes until the owners are
able to secure a permanent location.
2. There is a lack of readily available land that is designated for any new mobile home park.
3. Currently, outdoor storage is only allowed in the business and industrial zoning districts. The
zoning code amendments will now allow the temporary storage of displaced mobile homes in
the C-Conservation and PL-Public Use Lands zoning districts.
4. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent with
Comprehensive Plan Goals and Polices related to affordable housing.
5. The Planning and Zoning Commission recommends approval of the code amendments.
ROLL CALL VOTE ON MOTION TO AMEND FAILED 6-1. The noes were Commissioners
Baldwin, Schmitt, Drabek, Arndt, Spalinger, and Crow. They aye was Commissioner Painter.
ROLL CALL VOTE ON MAIN MOTION CARRIED 6-1. The ayes were Commissioners Baldwin,
Schmitt, Drabek, Arndt, Spalinger, and Crow. The no was Commissioner Painter.
OLD BUSINESS
A) Tract R-2, Killarney Hills Subdivision Planning Discussion Update
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Director Pederson said there's one update as of this afternoon. One of the people who do wetland
delineations was in Kodiak earlier this week and was able to connect with him via the phone today.
They will be submitting a bid to do that work and then we'll be soliciting a second bid.
B) Mobile Home Park Code Discussion and Related Information
We've scheduled that work session on August 5'h to further discuss that Chapter 17.115 talked
about at the recent work session. He's almost through with the writing as a result of the discussion
at that work session and we'll also be preparing the packet for the other two items talked about; the
Small Lot Subdivision Zoning District and the Accessory Dwelling Unit Chapter. The main focus of
the packet is the Mobile Home Park Code Chapter.
COMMISSIONER ARNDT stated that's incorrect, the RV Park ordinance was taken to the
assembly. We told the assembly we are doing the RV Parks, and we need to honor what we told
them. What the discussion was that we will make a list again and go back before them for what
they would like us to do.
The majority of the commission was in agreement to work on the RV Park section as part of the
next discussion topics and directed Pederson to include it in the next packet.
COMMISSIONER CROW MOVED to work through the following issues in the following order of
priority: 1.Mobile Home Parks, 2.RV's, .3.Accessory Dwelling Units, 4.Small Lot Developments
5.PUD's.
COMMISSIONER SCHMITT MOVED to amend the motion to switch items 2 and 3 so item 2 after
Mobile Home Parks would be Accessory Dwelling Units and item 3 would be the RV's.
ROLL CALL VOTE ON MOTION TO AMEND FAILED 5-2. The noes were Commissioners
Baldwin, Drabek, Arndt, Spalinger, and Crow. The ayes were Commissioners Schmitt and
Painter.
ROLL CALL VOTE ON MAIN MOTION CARRIED 5-2. The ayes were Commissioners Baldwin,
Drabek, Arndt, Spalinger, and Crow. The noes were Commissioners Schmitt and Painter.
NEW BUSINESS
None
COMMUNICATIONS
A) June Planning and Zoning Case Results Letters
B) Notice of Violation
C) Letter to Community Development Department re: Chickens
D) Notice of Violatio5
E) Cease & Desist Letter
F) Proposed New Zoning District Submitted by Maria Painter
COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• August 5, 2015 special work session-6:30 p.m.-KIB Conference Room
• August 12, 2015 work session-6:30p.m.-KIB Conference Room
• August 19, 2015 regular meeting-6:30p.m.-Assembly Chambers
B) Minutes of Other Meetings
• May 26, 2015 Parks and Recreation regular meeting
7/15/2015 Page 10 of 12 P&Z Minutes
C) Abbreviated & Final Approvals -Subdivisions
• S13-028
• S15-002
COMMISSIONER SCHMITT MOVED to acknowledge receipt of reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZEN COMMENTS
Local number: 486-3231 Toll Free number: 855-492-9202.
Limited to 3 minutes per speaker.
Judi Kidder stated one of the reasons why the RV was presented with the Mobile Home Park Code
was because they tie together. She was at that Assembly Meeting. The situation in Jackson's is we
are homeowners, we are taxpayers so when you state it costs the taxpayers, we paid taxes as
well. Please do not exclude us. We are homeowner's. The purpose of what we're trying to do is
retain the equity in our homes so we continue to be homeowner's. if we are forced into a rental
situation we'll lose any equity built up. Being able to store mobile homes gives the opportunity to
retain equity. Some people have dropped $20,000 - $40,000 on fixing up these homes. We're
going to do everything in our power to retain our equity. There are volunteers waiting to assist us
but we need to have all these hoops jumped through to be able to make the next move. You are
very mistaken if you think that a lot of these people are going to abandon these homes. There are
a lot more that are repairable to be moved than you think. There is not sufficient space for them to
go right now which is why we need the storage option. The RV option is important because they
could borrow or rent an RV cheaper than they could pay market rents of$1400 which would chew
up the equity. Being able to five in an RV Park with modification could just give us that edge
needed to retain our equity. Kidder urged the commission to not try to force people into a rental
situation.
Betty McTavish stated her family owned and operated an RV/Mobile Home Park in Oregon for
many years. We sold to individuals after the mobile homes were placed on the lots. We instigated
rentals and purchases. It's very important to have an RV/Mobile Home Park for individuals not only
permanent but also staying temporarily, for example construction workers. It's very important to
have that short term space for people because Kodiak is so transient. That opens up so many
more options for individuals with equity in their mobile homes to look at those long term issues.
Look at it as a long line of providing affordable homes and living situations for people living in our
community.
STAFF COMMENTS
None
COMMISSIONER COMMENTS
Alan Schmitt stated getting to the RV and ADU issues Jackson's has brought this to a head but it's
not only Jackson's. It was also the Trident purchase of the downtown apartments, the loss of a lot
of rental housing there. We've been hearing that affordable housing is a major need for Kodiak. It
is a real immediate need for the Jackson folks but they're not the only ones in need of housing.
He's heard in various public hearings that not all of the mobile homes in Jackson's are owner
operated that some are rented out. Those people paying rent the equity issue is not present. His
concern is looking for things that are pretty much shovel ready and he doesn't know of any big
tracts of land in Kodiak that are being considered for RV Parks or Mobile Home Parks besides the
addition on to Rasmussen's. There's lots of land in the Kodiak inventory that could present
accessory dwelling unit options. He's encouraged the see ground work going on by on Melnitsa
Lane. At last week's work session he mentioned the Parks & Rec meeting and minutes about the
bandit shooting range. There are pictures and report that some of the members did when they
went to look at the area.
7/15/2015 Page 11 of 12 P&Z Minutes
Kathy Drabek stated she has a lot of reading and research to do and she'll reserve comments until
after she has done all that.
Jay Baldwin stated he may not be available on August 12' and 19'h due to possibly being out of
town.
Kyle Crow stated he's glad to be here and learning. He'll try to get up to speed as fast as possible.
There's a lot to learn about a lot of things. On the issue of the bandit range he knows it is a
problem. He seen some educational material on the social media and was happy to see it. Any of
the local sporting goods stores he's sure would support responsible shooting and those kinds of
things so if we can get the word out any way we can to encourage people to be responsible. If we
push them out of there they will just go somewhere else unless we educate them.
Maria Painter stated she would encourage the public to go on the borough website to read
tonight's packet, pages 274 & 275, which is a proposed Residential Small Lot zoning District. It's a
proposal for a later time so you can add information and speak to that when that topic comes up.
She also wanted to say there are many people in Jackson's that are just renting and for those
people they will have to look at some of the rentals. She's for everyone retaining their mobile
homes, she just questions who's going to move it and how much is it going to cost them. She
doesn't want them to lose hope and to continue to try to facilitate helping Jackson's residents get to
this place. At this time it seems frustrating that we can't find someone on the island to move them
and putting the trailers somewhere conducive to that move and then having a second move and
the costs associated with that. On one of the Notice of Violations hit her hard which was the ability
to keep livestock in a particular district, R3 zoning. They call chickens livestock in our definition and
a chicken coop is an agricultural building. Roosters can be annoying on small lots especially for the
neighbors but so can a barking dog which can be more annoying to her. We should have changes
in the code to change the language so that chickens are not livestock and have some language on
how large the lot would be so you could have a rooster.
Scott Arndt welcomed Kyle Crow to the Planning and Zoning Commission. This is the first meeting
this year that we've had a full commission.
ADJOURNMENT
COMMISSIONER PAINTER MOVED to adjourn.
VOICE VOTE ON MOTION
COMMISSIONER ARNDT adjourned the meeting at 8:18 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING C MMISSION
By: S r
Scott Arndt, thair
ATTEST:
S �ila Smith, a etary
Commuri Development Department
APPROVED: August 19, 2015
7/15/2015 Page 12 of 12 P&Z Minutes