2003-06-18 Regular Meeting KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING JUNE 18, 2003
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR WILLIAMS on June 18, 2003 in the Borough Assembly Chambers.
1I. ROLL CALL
ComMiLs_sjonersPresent Others Present
Barbara Williams—Vice Chair Duane Dvorak,Director
Gary Carver Community Development Dept.
Cheryl Boehland Erin WIfipple, Secretary
Jake Ketscher Co unity Development Dept.
Reed Oswalt
A quorum was established.
Commissioners not present
Jerrol Friend
Dennis McMurry
CO SIO KETSCHER MOVED TO EXCUSE Commissioners Friend and
McMurry.
The motion was SECONDED by CONMSSIONER BOE and CARRIED by
unanimous voice vote.
III. APPROVAL OF AGENDA
CONMSSIONER KETSCHER MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by CONUvHSSIONER BOEBLAND, and CARRIED by
unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of May 28, 2003
Planning and Zoning Commission regular meeting as submitted. The motion was
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W.
SECONDED by COMMISSIONER CARVEIR, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
I. PUBLIC HEARINGS
A) Case 03-010. Request for a rezone, in accordance with KI13C 17.72.030 (Manner
of Initiation), of US Survey 4935, is I and 2 from C-Conservation to RD-Rural
Development.
STAFF reported nineteen (19) public hearing notices were sent out for this case
with two responses received objecting to the request. Staff stated that the RD-
Rural Development zone chosen by the applicant still might not be suitable to the
current uses of the property. Staff recommended that the Commission postpone
action on this case and amend it to substitute the RND-Rural Neighborhood
Development zone for the RD-Rural Development Zone. In addition, the
Commission may want to consider revising the scope of this review to eliminate
Lot 2, USS 4935 as it is not being used commercially at this time and include Lot
1, Isthmus Bay Subdivision instead, so that the winery and multiple dwellings
have direct access to the Chiniak Highway.
COMMISSIONER OSWALT MOVED TO postpone action on Case 03-010 until
the September 17, 2003 regular meeting and to amend the request to investigate
the RND-Rural Neighborhood Development zone in lieu of the requested RD-
Rural Development zone, and to eliminate Lot 2, USS 4935 from the scope of
review for this case and to include Lot 1, Isthmus Bay Subdivision.
The motion was SECONDED by COMMISSIONER KETSCHER.
Regular session closed.
Public hearing opened:
Marie Rice, Chiniak resident: Spoke regarding which lots are to be rezoned.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER CARVER MOVED TO AMEND the main motion to change
Lot 1,Isthmus Bay Subdivision to Lot 2,Isthmus Bay Subdivision.
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CMBUSSIONER KETSCHER SECONDED the amendment.
The question was called, and the amendment CARRIED by unanimous roll call
vote.
The question was called on the amended main motion and CARRIED by
unanimous roll call vote.
B) Case 03-011. Request for a rezone, in accordance with K113C 17.72.030 (Manner
of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots I — 3; Block 2,
Lots 1, IA and 2 — 4; and Block 3, Lots I and 2, from RI-Single-fmnily
Residential to B-Business.
STAFF indicated thirty-one (31) public hearing notices were distributed for this
case with two responses returned favoring the request, if their properties were
included in the rezone request, two re ed opposing the request and one
returned requesting a postponement. Staff recommended that the Commission
forward this rezone request to the Kodiak Island Borough Assembly with a
recommendation that it be approved if they find that the requested rezone
generally meets the intent of the 1984 Larsen Bay Comprehensive Plan. If it is
not determined to be consistent with the comprehensive plan then staff
recommends denial of the request.
COMMISSIONER KETSCHER MOVED TO recommend that the Kodiak Island
Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A;
Block 1, is I —3; Block 2, Lots 1, IA and 2 —4; and Block 3, is I and 2, to
from RI-Single-family Residential LQ B-Business, subject to an effective clause,
and to adopt the "Findings of Fact" in the staff report dated June 11, 2003 in
support of this recommendation.
EFFECTIVE CLAUSE
I Prior to the rezone becoming effective, the petitioners will obtain zoning
compliance for all structures and uses located on the developed lots
located within the approved rezone area. Should the zoning compliance
requirement not be met within 24 months of Assembly approval, this
approval shall become null and void.
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following
criteria into their report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change o
Amendment.
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The purpose of the rezone is intended to create a commercial zoning district to
accommodate existing lodge uses and structures located along the edge of the
Larsen Bay Subdivision. The petitioners indicate that the rezone is needed as the
only feasible way for them to move into zoning compliance from the current
noncompliance zoning status. The justification that the intent of the 1984 Larsen
Bay Comprehensive Plan can be met is contained in the plan narrative for the
Land Use Element, which talks about ways to meet the economic needs of the
community while preserving the traditional coastal character of the community.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
The Kodiak Island Borough has not provided for a mixed-use zone in order to
fulfill the literal intent of the 1984 Larsen Bay Comprehensive Plan. The
Commission and the Community Development Department have investigated this
type of zoning in the past, but were not able to develop a single mixed-use zone
that could be used to implement the different plans of several remote communities
in the Borough. That leaves the intent of the plan, which has been discussed in
this report. If the Commission, and ultimately the Assembly, find that the intent
of the plan is generally met by this request, even though it may not be expressly in
accord with the plan map, then the amendment would have no effect on the
objectives of the plan other than to implement that intent. If the Commission or
the Assembly find that the request does not generally meet the intent of the plan,
then the request should be denied or the scope of investigation altered until it does
meet the intent of the plan.
The motion was SECONDED by COMMISSIONER SW T.
Regular session closed.
Public hearing opened:
Alan Panamaroff— MUor– City of Larsen Bay: Spoke in favor of this request.
Brad Aga, applicant: Spoke in favor of this request.
Steve Gray, attorney: Spoke in opposition of this request. Requested that the
Commission wait until the Larsen Bay comprehensive plan is revised to make any
decisions.
Sandra Katelnikoff, Larsen Bay property owner: Spoke against this request but
asked that if the rezone is approved that her lot be included.
John Petersen, Larsen Bgy property owner: Spoke against this request but asked
that if the rezone is approved that her lot be included.
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Michael Carlson. avplicant: Spoke in favor of this request. Provided the reasons
for his request.
Charles in, Larsen BU properly owner: Spoke in favor of postponement of
this request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER WILLIAMS MOVED TO AMEND the motion to postpone
case 03-011 until such time as the Community Development Department, with a
representative from the Planning & Zoning Commission, has performed a site
inspection and obtained additional public testimony. Public testimony should
include a community consensus for proposed future business development areas.
COMMISSIONER OSWALT SECONDED the amendment.
The question was called, and the amendment CARRIED four yeas to one nay by
roll call vote. Commissioner Ketscher was the nay.
I . OLD BUSINESS
There was no old business.
IX. NEW BUSINESS
A.) A resolution of the Parks &Recreation Committee recommending the vacation of
a 100 foot portion of Perenosa Drive to be dedicated as Katmai Ridge Park.
Staff recommended the Commission forward this resolution to the Assembly with
recommendation for approval.
COMMISSIONER CARVER MOVED TO forward Parks and Recreation
Resolution 2003-01 to the Kodiak Island Borough Assembly recommending the
initiation the vacation of a 100 foot portion of Perenosa Drive right-of-way.
COMMISSIONER OSWALT SECONDED the motion.
The question was called and carried four yeas to one nay by roll call vote.
Commissioner Ketscher was the nay.
X. COMMUNICATIONS
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A) Letter dated April 28, 2003 to Mr. Kirk E. McCormick from Martin Lydick regarding
notice of violation.
B) Letter dated April 28, 2003 to Alaska diversified, Inc. from Martin Lydick regarding
notice of violation.
C) Letter dated April 28, 2003 to Mr. Brent McCormick and Ms. Sybil McCormick from
Martin Lydick,regarding notice of violation.
D) Letter dated May 14, 2003 to Ed Mahoney from Duane Dvorak regarding notice of
determination.
E) Letter dated May 20, 2003 to Ed Mahoney from Duane Dvorak regarding notice of
determination.
F) Letter dated May 21, 2003 to Mr. Scott Arndt from Martin Lydick regarding letter of
courtesy and advisory.
G) Letter dated May 21, 2003 to Mr. Gary Peterson and Ms. Stacy Paterson from Martin
Lydick regarding letter of courtesy and advisory.
H) Letter dated May 21, 2003 to Ms. Beverly Jones from Martin Lydick regarding letter
of courtesy and advisory.
I) Letter dated May 28, 2003 to Mr. Jim Chase from Martin Lydick regarding letter of
courtesy and advisory.
There were no further communications.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE RECEIPT of item
A through item I of Communications. The motion was SECONDED by
COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote.
XI. REPORTS
Staff reported that Michelle Steams will be joining the Community Development
Department July 1, 2003 as the director.
STAFF reported the following meeting schedule:
■ July 11, 2003 packet review at 7:30 p.m. in the KIB Conference room.
■ July 18, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers.
There were no fin-ther reports.
COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by
unanimous voice vote.
XII. AUDIENCE COMMENTS
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James Hamilton, Larsen_Bgy prol2ed,,
y owne : (Phone call taken during Commissioner
comments) Spoke regarding Case 03-011.
XIII. COMMISSIONERS' COMMENTS
CONMSSIONER KETSCHER: Spoke regarding Case 03-011.
IX. ADJOURNMENT
CHAIR WILLIAMS ADJOURNED the regular meeting at 8:50 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISS19N
By:......................
.....
...
r, Vice-Chair
ATTEST
By:
�retary
Erin W&—pple, Sec
Conununity Development Department
DATE APPROVED: July 18, 2003.
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